Legal Opinion

Matter of Grade Crossings (n.Y.C.R.R. Co.)

New York Court of Appeals

Decided January 6, 1931PublishedCited by 15 opinions

1Opinion of the Court

If the order appealed from were a final order, remitting the proceedings to the Public Service Commission merely for the mechanistic process of putting in force the decision of the Appellate Division in favor of the elimination of the grade crossing in question by an underpass rather than an overpass, it would be reviewable by this court as matter of right. (People exrel. New York Queens Gas Co. v. McCall, 219 N.Y. 84, 90.) That it is not such an order is evident by the reference in the opinion below toMatter of Railroad Crossings (226 App. Div. 255, 258) where the matter was remitted for a…

2Cases cited3 opinions

  1. New York Ex Rel. New York & Queens Gas Co. v. McCallSupreme Court of the United States · 1917
  2. People Ex Rel. New York & Queens Gas Co. v. McCallNew York Court of Appeals · 1916
  3. In re the Proceedings, under the Grade Crossing Elimination ActAppellate Division of the Supreme Court of the State of New York · 1929

3Cited by15 opinions

  1. Matter of Friedel v. Board of RegentsNew York Court of Appeals · 1947
  2. Matter of Colonial Liquor Distributors v. O'ConnellNew York Court of Appeals · 1946
  3. Bernstein v. Board of AppealsNew York Supreme Court · 1969
  4. Delaware & Hudson Railroad v. Public Service CommissionAppellate Division of the Supreme Court of the State of New York · 1931
  5. New York State Electric Corp. v. Public Service CommissionNew York Court of Appeals · 1932

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