N.Y. Railroad Law § 98: Intersection of railroads

§ 98. Intersection of railroads. All steam railroads hereafter

constructed across the tracks of any other railroad and any street

surface railroad hereafter constructed across a steam railroad shall be

above, below, or at grade of such existing railroad as the commissioner

of transportation shall determine, and the commissioner of

transportation shall in such determination fix the proportion of expense

of such crossing to be paid by each railroad.