Legal Opinion

Island Park, LLC v. New York State Department of Transportation

Appellate Division of the Supreme Court of the State of New York

Decided April 2, 2009PublishedCited by 2 opinions

1Opinion of the CourtPeters, J.

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Albany County) to review a determination of respondent Department of Transportation which closed and discontinued a private railroad crossing on a rail line owned by respondent CSX Transportation, Inc.

Petitioner operates a farm in the Town of East Greenbush, Rensselaer County, which is intersected by a set of railroad tracks owned by respondent CSX Transportation, Inc. and maintained by Amtrak. The tracks are part of the Hudson Line, *1024a heavily traveled railroad line that runs between…

2Cases cited22 opinions

  1. Nicholas v. KahnNew York Court of Appeals · 1979
  2. City of Utica v. Water Pollution Control BoardNew York Court of Appeals · 1959
  3. Incorporated Village of Atlantic Beach v. GavalasNew York Court of Appeals · 1993
  4. Ziemba v. City of TroyAppellate Division of the Supreme Court of the State of New York · 2006
  5. Big Apple Food Vendors' Ass'n v. Street Vendor Review PanelNew York Court of Appeals · 1997

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3Cited by2 opinions

  1. Island Park, LLC v. StateAppellate Division of the Supreme Court of the State of New York · 2012
  2. Island Park, LLC v. StateNew York Court of Appeals · 2013

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