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MATTER OF CONSOLIDATED RAIL CORPORATION v. STATE OF NEW YORK

259 A.D.2d 814 (1999)

686 N.Y.S.2d 201

In the Matter of CONSOLIDATED RAIL CORPORATION, Respondent, v. STATE OF NEW YORK et al., Respondents. (Proceeding No. 1.) In the Matter of CITY OF OSWEGO, Respondent, v. JOSEPH H. BOARDMAN, as Commissioner of the New York State Department of Transportation, Respondent, and PAUL CASTALDO et al., Appellants. (Proceeding No. 2.)

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

Decided March 4, 1999.

Mercure, J.

Petitioner Consolidated Rail Corporation (hereinafter Conrail) abandoned a 1.65-mile-long spur track extending from its main line to a Niagara Mohawk power facility in the City of Oswego, Oswego County. In June 1996, Conrail entered into a contract for the sale of an approximately 1,200-foot-long portion of the abandoned property (hereinafter the parcel) to respondent Paul Castaldo. Recognizing the preferential right of acquisition conferred upon the Commissioner...

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