In re the City of New York

Final order and determination of Transit Commission of the State of New York unanimously affirmed, with costs to respondent city of New York. We are of opinion that the road or driveway crossing the railroad at the points in question is a public street, avenue, highway and road, within the intention of the Legislature and subject to the provisions of the Grade Crossing Act (Railroad Law, §§ 91-94). Present — Kelly, P. J., Rich, Jayeox, Kelby and Kapper, JJ.