Legal Opinion
In re the Elimination of Grade Crossings of the New York Central Railroad
New York Court of Appeals
Decided January 6, 1931PublishedCited by 2 opinions
1Per curiam
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 ex rel. New York *322& 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 to Matter of Railroad Crossings (226 App. Div. 255, 258) where the matter was remitted…
2Cases cited3 opinions
- New York Ex Rel. New York & Queens Gas Co. v. McCallSupreme Court of the United States · 1917
- People Ex Rel. New York & Queens Gas Co. v. McCallNew York Court of Appeals · 1916
- In re the Proceedings, under the Grade Crossing Elimination ActAppellate Division of the Supreme Court of the State of New York · 1929
3Cited by2 opinions
- Matter of P.S.I. Transp. Co. v. P.S. Comm.New York Court of Appeals · 1932
- In re Carey Road Grade CrossingAppellate Division of the Supreme Court of the State of New York · 1933