Consolidated Rail Corp. v. State

Appeal from a judgment of the Supreme Court (Hughes, J.), entered March 3, 1998 in Albany County, which, inter alia, granted petitioners’ applications, in two proceedings pursuant to CPLR article 78, to annul a determination of respondent Commissioner of Transportation holding that a certain piece of abandoned railroad spur track was not subject to Transportation Law § 18 (1).

Petitioner Consolidated Rail Corporation (hereinafter Conrail) abandoned a 1.65-mile-long spur track extending from its main line to a Niagara Mohawk power facility in the City of Oswego, Oswego County. In June 1996,…