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In re the Proposed Laying Out & Construction of the Bronx Parkway Extension Highway

219 A.D. 798 Court N.Y. App. Div. English

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p. 798
In the Matter of the Proposed Laying Out and Construction of the Bronx Parkway Extension Highway by the Board of Supervisors of the County of Westchester, Respondent, across the Tracks and Right of Way of the New York Central Railroad Company, Appellant, etc., in the Town of Mount Pleasant.

Determination of the board of supervisors of Westchester county annulled and reversed upon the law, without costs. If the crossing in question is within section 90 of the Railroad Law,[1] it is because it is a State highway, and the Superintendent of Public Works has exclusive jurisdiction to institute the proceeding. Kelly, P. J., Manning, Young, Kapper and Lazansky, JJ., concur.

* Amd. by Laws of 1924, chap. 481. See, also, Public Works Law (Laws of 1923, chap. 867), §§ 11, 12, 14, 24.—[Rep.