Consolidated Rail Corp. v. State

OPINION OF THE COURT

Harold J. Hughes, J.

Before this court are CPLR article 78 proceedings brought by Consolidated Rail Corporation (hereinafter Conrail) and the City of Oswego against the Commissioner of Transportation and Paul and Adeline Castaldo. The proceedings were previously consolidated by order signed by Justice Joseph C. Teresi on October 31, 1997. The petitions seek review of a determination made by the Commissioner of Transportation, on or about May 27, 1997, which reversed a previous assignment of rights to the City of Oswego pursuant to Transportation Law § 18, and held that the…