N.Y. RRD Law § 95

§ 95. Proceedings by commissioner of transportation for alteration of\nexisting crossings. The commissioner of transportation may, in the\nabsence of any application therefor, when in his opinion public interest\nrequires an alteration in an existing grade crossing or a change in any\nexisting structure above or below grade, institute proceedings on his\nown motion for any alteration in an existing grade crossing or structure\nfor which a municipal corporation may petition under section ninety-one,\nupon such notice as he shall deem reasonable, of not less than ten days\nhowever, to the railroad company, the municipal corporation and the\nperson or persons interested, and proceedings shall be conducted as\nprovided in section ninety-one. Notwithstanding any other provision of\nlaw the commissioner of transportation shall not, within areas which\nwere within the jurisdiction of the transit commission on March\nthirty-first, nineteen hundred forty-three, order the elevation of any\nrailroad running longitudinally on a right-of-way in, upon or along a\nstreet, avenue, highway or road without the concurrent approval of the\nlocal authorities of the city on which the railroad or such part thereof\nis located. The changes in existing grade crossings or structures\nauthorized or required by the commissioner of transportation in any one\nyear shall be so distributed and apportioned over and among the\nrailroads and the municipalities of the state as to produce such\nequality of burden upon them for their proportionate part of the\nexpenses as herein provided for as the nature and circumstances of the\ncases before it will permit.\n