Majority
p. 806In the Matter of Proceeding, in Accordance with Section 90 of the Railroad Law, in Relation to the Laying Out of the Sunrise Highway Extension, Part 3, County Highway, Across the Railroad Operated by the Long Island Railroad Company, Appellant, in the Town of Babylon, Suffolk County. The State Department of Public Works of the State of New York, Respondent.
Determination of the State Department of Public Works, acting through the Commissioner of Highways, unanimously affirmed, with costs. No opinion. Present — Lazansky, P. J., Hagarty, Carswell, Scudder and Davis, JJ.