In re the Elimination of Grade Crossings — 308 N.Y. 895

Majority

p. 895

In the Matter of the Elimination of Grade Crossings of the New York Central Railroad Company in the City of Dunkirk. In the Matter of the Elimination of Grade Crossings of the Erie Railroad Company in the City of Dunkirk. New York Central Railroad Company, Appellant; Public Service Commission et al., Respondents.

Argued February 28, 1955;

decided April 14, 1955.

p. 897

Gerald E. Dwyer for appellant.

Kent H. Brown and Joseph J. Doran for Public Service Commission, respondent.

Jacob K. Javits, Attorney-General (Henry 8. Manley and Edward L. Ryan of counsel), for Superintendent of Public Works of the State of New York, respondent.

Order affirmed, with costs; no opinion.

Concur: Conway, Ch. J., Desmond, Dye, Fuld, Fboessel, Van Voobhis and Bubke, JJ.