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KROG v. VIL. OF ELLICOTTVILLE

1 Misc.3d 552 (2003)

764 N.Y.S.2d 606

PETER L. KROG, Plaintiff, v. VILLAGE OF ELLICOTTVILLE, Defendant and Third-Party Plaintiff. BUFFALO PITTSBURGH RAIROAD, INC., Third-Party Defendant.

Supreme Court, Cattaraugus County.

September 19, 2003.

Attorney(s) appearing for the Case

David Elibol, Buffalo, for plaintiff.

Robert J. Simon, Village Attorney, Olean, for defendant and third-party plaintiff.

Richard E. Alexander, Rochester, for third-party defendant.

OPINION OF THE COURT

LARRY M. HIMELEIN, J.

Transportation Law § 18 gives the Commissioner of the New York State Department of Transportation (DOT) a preferential right to acquire abandoned railroad property. Subdivision (1) of this section prohibits a property owner from "disposing" of abandoned railroad property unless the Commissioner notifies the owner that the preferential right does not apply to the property or the Commissioner releases the preferential...

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