In re the Elimination of Grade Crossings of the New York Central Railroad

The principal question here raised was passed upon by this court in Matter of Grade Crossings of New York Central R. R. Co. (Buffalo), (271 App. Div. 266). While that case was reversed by the Court of Appeals (297 N. Y. 246) and it dismissed the “ appeal for lack of jurisdiction upon the ground that the commission's order, !V ° * did not finally determine the proceeding ” and that this court “ was without jurisdiction to review the order of the commission because the order did not affect a substantial right of the appellant,” the court did not pass on the merits of the case. We have again…