N.Y. Railroad Law § 101: Consent of commissioner of transportation in certain cases

§ 101. Consent of commissioner of transportation in certain cases. No

street surface railroad shall be allowed to lay its tracks at grade

across the tracks or roadbed of any railroad operated by locomotive

steam power at any point where there are three or more tracks of the

steam road proposed to be crossed, which tracks have been constructed

and in operation at least two years, unless the written consent of the

commissioner of transportation be first obtained for such crossing at

grade. But this section shall not affect the operation of the preceding

section in any suit or proceeding pending on the twenty-ninth day of

March, eighteen hundred and ninety-three, nor any renewals of said

pending suit or proceeding brought for any cause.