MATTER OF LONG ISLAND RAILROAD COMPANY v. MADISON


44 A.D.3d 1183 (2007)

843 N.Y.S.2d 856

In the Matter of LONG ISLAND RAILROAD COMPANY, Petitioner, v. THOMAS J. MADISON, as Commissioner of Transportation, et al., Respondents. (Proceeding No. 1.) In the Matter of MICHAEL RICHTER et al., Petitioners, v. NEW YORK STATE DEPARTMENT OF TRANSPORTATION et al., Respondents. (Proceeding No. 2.)

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

Decided October 25, 2007.


Kane, J.

Long 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 property includes a residential parcel owned by petitioners Michael Richter and Dianne Richter, a full-time...

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