Middletown & New Jersey Railroad v. State of New York Department of Transportation

In a proceeding pursuant to Railroad Law § 91 to compel the discontinuance of a grade-level railroad crossing, nonparty Howard Shapiro appeals from a determination of the State of New York Department of Transportation, dated December 23, 2010, which changed the status of the grade-level crossing of Hoops Road over the tracks of the Middletown & New Jersey Railroad, LLC, in the Town of Wawayanda, at approximately Mile Fost 4 (USDOT #841 092L), from public to private.

Adjudged that the determination is confirmed, without costs or disbursements.

Contrary to the appellant’s contention, he received…