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MATTER OF NEW YORK CENT. R.R. CO.

282 A.D. 823 (1953)

In the Matter of the Elimination of Grade Crossings of The New York Central Railroad Company in the City of Dunkirk In the Matter of the Elimination of Grade Crossings of The Erie Railroad Company in the City of Dunkirk. New York Central Railroad Company, Appellant; Public Service Commission et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

July 8, 1953.

Per Curiam.

The principal question here raised was passed upon by this court in Matter of Grade Crossings of New York Central R. R. Co. (Buffalo), (271 App. Div. 266). While that case was reversed by the Court of Appeals (297 N.Y. 246) and it dismissed the "appeal for lack of jurisdiction upon the ground that the commission's order, * * * did not finally determine the proceeding" and that this court "was without jurisdiction to review the order of the...

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