2016 New York Laws
RRD - Railroad
Article 5 - (Railroad) STREET SURFACE RAILROADS
210 - New streets across other than steam surface railroads.

 210. New streets across other than steam surface railroads.  1. When
  a new street, avenue, highway or road or new portion or additional width
  of  a  street,  avenue, highway or road, or a state or county highway or
  county road deviating from the line of  an  existing  highway  or  road,
  shall  hereafter  be  constructed  across any railroad, other than steam
  surface railroads, such street, avenue, highway or road, or new  portion
  or  additional width shall pass over or under such railroad or at grade,
  as the commissioner of transportation shall determine.  The  proceedings
  for  the opening of the same shall be in all things the same as provided
  by section ninety of this  chapter  for  the  opening  of  new  streets,
  avenues  or roads across steam surface railroads and the commissioner of
  transportation shall have the same powers and duties in determining  the
  application,  with like effect, as though the application were for a new
  street across a steam surface  railroad,  and  the  provisions  of  such
  section, so far as applicable, shall apply to applications made pursuant
  to the provisions of this section.
2.  Performance  of  work;  division of expense; accountings. Whenever
  under the provisions of this chapter a determination is made,  the  work
  shall  be  done,  the expense shall be divided, and accountings shall be
  had in accordance with the provisions of  section  ninety-four  of  this
  chapter.