2010 New York Code
TRA - Transportation
Article 4 - (95 - 112) PROVISIONS RELATING TO COMMON CARRIERS
97 - Switch and side-track connections; powers of commissioner.

§ 97. Switch and side-track connections; powers of commissioner.  1. A
  railroad  company  upon the application of any shipper tendering traffic
  for  transportation,  shall  construct,  maintain   and   operate   upon
  reasonable  terms a switch connection or connections with a lateral line
  of railroad or private side-track owned, operated or controlled by  such
  shipper,  and  shall,  upon the application of any shipper, provide upon
  its own property a side-track and switch connection  with  its  line  of
  railroad,  whenever  such side-track and switch connection is reasonably
  practicable, can be put in with safety  and  the  business  therefor  is
  sufficient to justify the same.
    2.  If  any railroad company shall fail to install or operate any such
  switch connection with a lateral line of railroad or any such side-track
  and switch connection as aforesaid, after written  application  therefor
  has  been  made  to it, any corporation or person interested may present
  the facts to the commissioner by written petition, and the  commissioner
  shall  investigate  the  matter  stated  in such petition, and give such
  hearing thereon as he may deem necessary or proper. If the  commissioner
  finds   that   it   is  safe  and  practicable  to  have  a  connection,
  substantially as prayed for, established or  maintained,  and  that  the
  business  to  be done thereon justifies the construction and maintenance
  thereof,  he  shall  make  an  order  directing  the  construction   and
  establishment thereof, specifying the reasonable compensation to be paid
  for  the construction, establishment and maintenance thereof, and may in
  like manner upon the application  of  the  railroad  company  order  the
  discontinuance of such switch connection.
    3.  The  commissioner  shall  have  power, where in his judgment it is
  reasonably necessary, to make delivery to, or  complete  delivery  by  a
  railroad  company  to  require such railroad company to operate upon the
  property of another a switch or side-track, and construct and maintain a
  proper connection thereto, with  its  line  of  railroad.  Whenever  the
  shipper  and  the  carrier  shall  be unable to agree as to the terms of
  agreements respecting such  switches  or  side-tracks,  whether  on  the
  property  of  the  railroad company or of another, and such connections,
  made between a railroad  company  and  the  owner  or  occupant  of  any
  premises  served  or  to  be  served  by  such switch, or side-track, or
  connection,  the  same  shall  be  subject  to  the  approval   of   the
  commissioner.