N.Y. Railroad Law § 23: Highway exempted

§ 23. Highway exempted. No railroad shall be constructed, maintained

or operated and no railroad tracks shall be laid upon the state road

known as the Buffalo and White's Corners plank-road in the county of

Erie, where none now exists, excepting such as may be necessarily laid

for the purpose only of crossing said highway. The provisions of this

section shall not affect any consents granted prior to the eighteenth

day of April, nineteen hundred and five, or any rights acquired for the

construction of any such railroad.