N.Y. RRD Law § 202

§ 202. Consents of property owners. No railroads shall be\nconstructed, equipped or operated by virtue of the preceding section\nexcept upon the condition that the consent of the owners of one-half in\nvalue of the property outside of said public parks bounded on and the\nconsent also of the local authorities having the control of that portion\nof a street or highway upon which it is proposed to construct, operate\nor extend the said railroads to connect with any surface railroads in\nsuch cities be first obtained, or in case the consent of such property\nowners cannot be obtained, the appellate division of the supreme court\nin the department in which it is proposed to be constructed may, upon\napplication, appoint three commissioners, who shall determine, after\nhearing of all parties interested, whether the portion of such railroad\noutside of said public parks ought to be constructed or operated, and\ntheir determination confirmed by the court may be taken in lieu of the\nconsent of the property owners.\n