In re the City of Buffalo

The proceeding is one under section 90 of the Railroad Law to determine the plan for the crossing of an extension of East Amherst street in the city of Buffalo and the railroads of the two appellant railroad corporations. The appeal is taken pursuant to the provisions of that section and of section 91. (See Matter of Town Board of Royalton, 138 App. Div. 412; People ex rel. Woodhaven Gas Light Co. v. Public Service Commission, 203 id. 369; affd., 236 N. Y. 530; affd., 269 U. S. 244.)

Error is sought to be predicated by the appellants upon several terms of the order.

First, it is urged that the…