NY RR L § 91 (2021)
2021 New York Laws RRD - Railroad Article 3 - Construction, Operation and Management 91 - Alteration or Rehabilitation of Existing Crossing.

§  91. Alteration or rehabilitation of existing crossing. The mayor or   city manager and common council of any city, the president or mayor  and   trustees  of  any  village,  the  town  board  of any town, the board of   supervisors or county executive and the county legislature of any county   having jurisdiction over street, avenue, highway or road  which  crosses   or is crossed by a surface railroad at grade, below grade or above grade   by   structures   heretofore   constructed,   or  any  surface  railroad   corporation whose railroad crosses or is crossed by  a  street,  avenue,   highway or road at grade, below or above grade, may bring their petition   in  writing to the commissioner of transportation, therein alleging that   public interest requires rehabilitation, an alteration in the manner  of   such  crossing,  its approaches, the method of crossing, the location of   the crossing, a change in the existing structure by which such  crossing   is  made, the closing and discontinuance of a crossing and the diversion   of the travel  thereon  to  another  street,  avenue,  highway  road  or   crossing,  or  if  not  practicable  to change such crossing from grade,   below grade or above grade or to close  or  discontinue  the  same,  the   opening  of  an  additional crossing for the partial diversion of travel   from the grade, below grade or above grade crossing and praying that the   same  may  be  ordered.  Upon  any  such  petition  being  brought   the   commissioner  of  transportation  shall  appoint  a  time  and place for   hearing the petition, and shall give such notice  thereof  as  he  shall   judge   reasonable,  of  not  less  than  ten  days,  however,  to  such   petitioner, the railroad corporation, the  municipality  in  which  such   crossing  is situated, and if such crossing is in whole or in part in an   incorporated village having not to exceed  twelve  hundred  inhabitants,   also to the supervisor or supervisors of the town or towns in which such   crossing  is  situated,  and  in  all  cases  to the owners of the lands   adjoining such crossing and adjoining that part of the  street,  avenue,   highway   or  road  to  be  changed  in  grade  or  location  or  to  be   discontinued, or the land to be opened for a new crossing  and  to  such   other  parties  deemed  by  him to be interested in the proceeding.  The   commissioner of transportation shall give public notice of said hearing;   and upon such notice and after a hearing or hearings the commissioner of   transportation shall determine what  alterations  or  changes,  if  any,   shall  be  made.    The  decision  of the commissioner of transportation   rendered in any proceeding under this  section  shall  be  communicated,   after  final  hearing,  to the petitioner, the railroad corporation, the   municipal corporation and all other parties who appeared at said hearing   by counsel or in person. Any person aggrieved by such decision, or by  a   decision made pursuant to sections eighty-nine and ninety, and who was a   party  to said proceeding, may within sixty days appeal therefrom to the   appellate division of the supreme court in the department in which  such   crossing  is  situated,  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. This section shall not apply to a state highway or   any other highway upon which the commissioner of transportation proposes   to alter an existing crossing of a railroad pursuant to any  section  of   the highway law.