Delaware & Hudson R.R. Corp. v. Pub. Serv. Comm'n of the New York (In re Elimination of A Grade Crossing at Altamont)

• Decision Date: 03 May 1932
• Citation: 259 N.Y. 564,182 N.E. 182
• Parties: In the Matter of the Proceeding under the Grade Crossing Elimination Act for the ELIMINATION OF a GRADE CROSSING AT ALTAMONT. The Delaware and Hudson Railroad Corporation, Appellant; The Public Service Commission of the State of New York, Respondent.
• Court: New York Court of Appeals Court of Appeals

259 N.Y. 564

182 N.E. 182

In the Matter of the Proceeding under the Grade Crossing Elimination Act for the ELIMINATION OF a GRADE CROSSING AT ALTAMONT. The Delaware and Hudson Railroad Corporation, Appellant; The Public Service Commission of the State of New York, Respondent.

Court of Appeals of New York.

May 3, 1932.

Motion to dismiss an appeal from an order of the Appellate Division of the Supreme Court in the Third Judicial Department (234 App. Div. 129, 254 N. Y. S. 578), entered January 6, 1932, which unanimously affirmed two orders of the Public Service Commission directing the elimination of a grade crossing at Altamont.

The motion was made upon the grounds that permission to appeal had not been obtained and that no constitutional question was involved.Sherman C. Ward, of Albany, for the motion.

Alfred D. Kelly, of Albany, opposed.

PER CURIAM.

Motion granted, and appeal dismissed, with costs and $10 costs of motion.