Long Island Railroad v. Madison

Proceedings pursuant to CPLR article 78 (transferred to this Court by orders of the Supreme Court, entered in Albany County) to review a determination of respondent Department of Transportation that, among other things, continued a private at grade rail crossing for a period of 10 years.

*1184Long Island Railroad Company (hereinafter LIRR) decided to close a private at grade rail crossing in Suffolk County due to safety concerns. The crossing represents the intersection of the railroad tracks with a private dirt roadway which provides the only means of access to four parcels of property. That…