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MATTER OF COUNTY EXECUTIVE OF THE COUNTY OF RENSSELAER v. NEW YORK STATE DEP'T OF TRANSP.

189 A.D.2d 984 (1993)

In the Matter of County Executive of the County of Rensselaer et al., Petitioners, v. New York State Department of Transportation, Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

January 7, 1993

Crew III, J.

Petitioners commenced this proceeding pursuant to Railroad Law § 91 alleging that the public interest required the alteration and/or rehabilitation of a railroad bridge located on Muitzeskill Road in the Town of Schodack, Rensselaer County. The bridge in question was constructed in or about 1923 and spans the tracks of Consolidated Rail Corporation's "Boston Line". A public hearing was held before an Administrative Law Judge (hereinafter...

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