Majority
p. 801In the Matter of the Application of The City of New York, Respondent, under Section 91 of the Railroad Law,[1] for a Determination as to the Manner in Which Two Bridges Carrying the Main Drive in Forest Park, over the Tracks of the Rockaway Beach Division and the Montauk Division of The Long Island Railroad Company, Appellant, Shall Be Altered or Changed. Transit Commission of the State of New York, Respondent.
Final order and determination of Transit Commission of the State of New York unanimously affirmed, with costs to respondent city of New York. We are of opinion that the road or driveway crossing the railroad at the points in question is a public street, avenue, highway and road, within the intention of the Legislature and subject to the provisions of the Grade Crossing Act (Railroad Law, §§ 91-94).[1] Present — Kelly, P. J., Rich, Jayeox, Kelby and Kapper, JJ.
† † Amd. by Laws of 1921, chap. 698, and subsequent statutes.— [Rep,