General
In the Matter of the Proceeding under Grade Crossing Elimination Act for the Elimination of the Existing Highway-Railroad Crossing at Grade of the Railroad Operated by Lehigh Valley Railroad Company and Lake Street (State No. 5295) in the Village of Burdett, Schuyler County. (Case No. 5986.) Lehigh Valley Railroad Company, Appellant
240 A.D. 742·New York Supreme Court, Appellate Division·1933·NY
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Opinion
In the Matter of the Proceeding under Grade Crossing Elimination Act for the Elimination of the Existing Highway-Railroad Crossing at Grade of the Railroad Operated by Lehigh Valley Railroad Company and Lake Street (State No. 5295) in the Village of Burdett, Schuyler County. (Case No. 5986.) Lehigh Valley Railroad Company, Appellant.
Revd., 264 N. Y. 195.
[MAJORITY]
Orders appealed from modified by providing that all road construction work except between stations 195+60 and 198+60 is not to be regarded as part of the grade crossing elimination and is not to lie considered as approaches to the bridge, and as thus modified affirmed, without costs, on the authority of Matter of Elimination of Grade Crossing of the Wicopee-Beekman County Highway, etc. (231 App. Div. 748; affd., 259 N. Y. 639). Hill, P. J., Rhodes and Heffernan, JJ., concur; Crapser and Bliss, JJ., dissent and vote to affirm the orders.