N.Y. RRD Law § 210

§ 210. New streets across other than steam surface railroads. 1. When\na new street, avenue, highway or road or new portion or additional width\nof a street, avenue, highway or road, or a state or county highway or\ncounty road deviating from the line of an existing highway or road,\nshall hereafter be constructed across any railroad, other than steam\nsurface railroads, such street, avenue, highway or road, or new portion\nor additional width shall pass over or under such railroad or at grade,\nas the commissioner of transportation shall determine. The proceedings\nfor the opening of the same shall be in all things the same as provided\nby section ninety of this chapter for the opening of new streets,\navenues or roads across steam surface railroads and the commissioner of\ntransportation shall have the same powers and duties in determining the\napplication, with like effect, as though the application were for a new\nstreet across a steam surface railroad, and the provisions of such\nsection, so far as applicable, shall apply to applications made pursuant\nto the provisions of this section.\n 2. Performance of work; division of expense; accountings. Whenever\nunder the provisions of this chapter a determination is made, the work\nshall be done, the expense shall be divided, and accountings shall be\nhad in accordance with the provisions of section ninety-four of this\nchapter.\n