N.Y. Railroad Law § 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.