NY RR L § 93-A (2021)
2021 New York Laws RRD - Railroad Article 3 - Construction, Operation and Management 93-A - Maintenance and Removal of Highway-Railroad Crossing at Grade.

§ 93-a. Maintenance and removal of highway-railroad crossing at grade.   The  responsibility  of  a  railroad corporation to maintain and keep in   repair highway-railroad crossings at grade as provided by law shall  not   terminate upon the abandonment of the railroad or a portion thereof, but   such  responsibility  with  respect  to  state  highways shall continue,   unless otherwise agreed upon by the railroad corporation and the  state,   and  with  respect to highways other than state highways, shall continue   unless otherwise agreed upon by the governing body, or its designee,  of   the   municipality   having   jurisdiction  over  the  highway.     Such   responsibility shall continue until  the  crossing  at  grade  has  been   removed  and  the  highway pavement restored by the railroad corporation   and/or pursuant to agreement with the railroad corporation by the  state   or  municipality  having  jurisdiction  over the highway, to such usable   condition as the commissioner or the  municipality  having  jurisdiction   over   the   highway,   respectively,   shall   deem   reasonable.  Such   responsibility to maintain  and  remove  may  be  transferred  with  the   approval   of  the  commissioner,  and  shall  thereafter  pass  to  the   transferee of the railroad corporation or successor in interest  to  the   abandoned  railroad  right-of-way. If such approval is not obtained, the   responsibility for maintenance  and  removal  shall  continue  with  the   railroad.  Upon  failure  to  remove  abandoned railroad facilities at a   highway-railroad crossing at grade within one year after the date of the   abandonment  by  the  railroad  corporation,  the  municipality   having   jurisdiction over the highway may petition the commissioner for an order   to  compel removal. The commissioner upon receipt of such a petition, or   on its own motion with respect to state  highways,  shall  serve  notice   upon  the  party  responsible  for  the  removal of the highway-railroad   crossing at grade that a hearing, at a specified date, will be  held  to   determine  whether  the  highway-railroad  crossing  at  grade should be   removed. After conclusion of such hearings, the commissioner  shall,  by   order, determine whether it is in the public interest to require removal   of  the  crossing  at  grade.  If  the  commissioner determines that the   crossing at grade should be removed, the order shall direct such removal   and describe the manner of removal and the party  responsible  for  such   removal  and  may establish a penalty for non-compliance with such order   at a sum equalling the actual cost, considering salvage, of such removal   to be paid to the state  with  respect  to  state  highways  or  to  the   municipality  having  jurisdiction  over  the  highway  with  respect to   highways other than state highways. Any funds so paid shall be  utilized   to  effect  such removal. Any person aggrieved by such decision, and who   was a party to said proceeding, may within sixty days after the  service   of  such  decision  appeal  therefrom  to  the appellate division of the   supreme court in the department in which such crossing is  located,  and   to  the  court of appeals, in the same manner and with like effect as is   provided in the case of appeals from an order of the supreme court.