N.Y. Transportation Law § 127: Franchises and privileges

§ 127. Franchises and privileges. Without first having obtained the

permission and approval of the commissioner no common carrier shall

begin the construction of a railroad or street railroad, or any

extension thereof, for which a certificate of public convenience and

necessity shall not have been granted by the board of railroad

commissioners or where prior to said time said common carrier shall not

have become entitled by virtue of its compliance with the provisions of

the railroad law to begin such construction; nor, except as above

provided in this section, shall any such common carrier exercise any

franchise or right under any provision of the railroad law, or of any

other law, not heretofore lawfully exercised, without first having

obtained the permission and approval of the commissioner. The

commissioner shall have power to grant the permission and approval

herein specified whenever he shall after due hearing determine that such

construction or such exercise of the franchise or privilege is necessary

or convenient for the public service.