In re the Elimination of the Grade Crossing — 263 N.Y. 593

Majority

p. 593

In the Matter of the Elimination of the Grade Crossing at Cherry, Bassett, Plum and Green Streets, and Fourth Avenue, in the City of Albany. The Delaware and Hudson Railroad Corporation, Respondent. City of Albany, Appellant; Public Service Commission, Respondent.

(Submitted November 24, 1933;

decided December 12, 1933.)

p. 594

George A. Reilly, Corporation Counsel, for appellant. Charles G. Blakeslee and Sherman C. Ward for Public Service Commission, respondent.

Joseph Rosch and Alfred D. Kelly for The Delaware and Hudson Railroad Corporation, respondent.

Order affirmed, with costs; no opinion.

Concur: Pound, Ch. J., Crane, Lehman, Kellogg, O’Brien, Hubbs and Crouch, JJ.