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ISLAND PARK, LLC v. STATE OF NEW YORK

513273.

93 A.D.3d 1064 (2012)

941 N.Y.S.2d 296

2012 NY Slip Op 2151

ISLAND PARK, LLC, Appellant, v. STATE OF NEW YORK, Respondent.

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

Decided March 22, 2012.

MALONE JR., J.

In February 2005, the Department of Transportation (hereinafter DOT) commenced a proceeding pursuant to Railroad Law § 97 and successfully obtained an order stating that a private at-grade railroad crossing, commonly known as Abele's Crossing, should be closed and discontinued due to serious safety concerns. Claimant, who holds an easement at Abele's Crossing and utilizes it to move farm equipment across...

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