New York Laws
Article 5 - Street Surface Railroads
210 - New Streets Across Other Than Steam Surface Railroads.

§ 210. New streets across other than steam surface railroads. 1. When
a new street, avenue, highway or road or new portion or additional width
of a street, avenue, highway or road, or a state or county highway or
county road deviating from the line of an existing highway or road,
shall hereafter be constructed across any railroad, other than steam
surface railroads, such street, avenue, highway or road, or new portion
or additional width shall pass over or under such railroad or at grade,
as the commissioner of transportation shall determine. The proceedings
for the opening of the same shall be in all things the same as provided
by section ninety of this chapter for the opening of new streets,
avenues or roads across steam surface railroads and the commissioner of
transportation shall have the same powers and duties in determining the
application, with like effect, as though the application were for a new
street across a steam surface railroad, and the provisions of such
section, so far as applicable, shall apply to applications made pursuant
to the provisions of this section.

2. Performance of work; division of expense; accountings. Whenever
under the provisions of this chapter a determination is made, the work
shall be done, the expense shall be divided, and accountings shall be
had in accordance with the provisions of section ninety-four of this
chapter.

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