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MATTER OF MIDDLETOWN & N.J. R.R., LLC v. STATE OF N.Y. DEPT. OF TRANSP.

2011-09933.

105 A.D.3d 746 (2013)

961 N.Y.S.2d 783

2013 NY Slip Op 2252

In the Matter of MIDDLETOWN & NEW JERSEY RAILROAD, LLC, Respondent, v. STATE OF NEW YORK DEPARTMENT OF TRANSPORTATION, Respondent. HOWARD SHAPIRO, Nonparty Appellant.

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

Decided April 3, 2013.

In a proceeding pursuant to Railroad Law § 91 to compel the discontinuance of a grade-level railroad crossing, nonparty Howard Shapiro appeals from a determination of the State of New York Department of Transportation, dated December 23, 2010, which changed the status of the grade-level crossing of Hoops Road over the tracks of the Middletown & New Jersey Railroad, LLC, in the Town of Wawayanda, at approximately Mile Post 4 (USDOT #841 092L), from public to private...

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