Section 91. Alteration or rehabilitation of existing crossing

The mayor or
  city manager and common council of any city, the president or mayor  and
  trustees  of  any  village,  the  town  board  of any town, the board of
  supervisors or county executive and the county legislature of any county
  having jurisdiction over street, avenue, highway or road  which  crosses
  or is crossed by a surface railroad at grade, below grade or above grade
  by   structures   heretofore   constructed,   or  any  surface  railroad
  corporation whose railroad crosses or is crossed by  a  street,  avenue,
  highway or road at grade, below or above grade, may bring their petition
  in  writing to the commissioner of transportation, therein alleging that
  public interest requires rehabilitation, an alteration in the manner  of
  such  crossing,  its approaches, the method of crossing, the location of
  the crossing, a change in the existing structure by which such  crossing
  is  made, the closing and discontinuance of a crossing and the diversion
  of the travel  thereon  to  another  street,  avenue,  highway  road  or
  crossing,  or  if  not  practicable  to change such crossing from grade,
  below grade or above grade or to close  or  discontinue  the  same,  the
  opening  of  an  additional crossing for the partial diversion of travel
  from the grade, below grade or above grade crossing and praying that the
  same  may  be  ordered.  Upon  any  such  petition  being  brought   the
  commissioner  of  transportation  shall  appoint  a  time  and place for
  hearing the petition, and shall give such notice  thereof  as  he  shall
  judge   reasonable,  of  not  less  than  ten  days,  however,  to  such
  petitioner, the railroad corporation, the  municipality  in  which  such
  crossing  is situated, and if such crossing is in whole or in part in an
  incorporated village having not to exceed  twelve  hundred  inhabitants,
  also to the supervisor or supervisors of the town or towns in which such
  crossing  is  situated,  and  in  all  cases  to the owners of the lands
  adjoining such crossing and adjoining that part of the  street,  avenue,
  highway   or  road  to  be  changed  in  grade  or  location  or  to  be
  discontinued, or the land to be opened for a new crossing  and  to  such
  other  parties  deemed  by  him to be interested in the proceeding.  The
  commissioner of transportation shall give public notice of said hearing;
  and upon such notice and after a hearing or hearings the commissioner of
  transportation shall determine what  alterations  or  changes,  if  any,
  shall  be  made.    The  decision  of the commissioner of transportation
  rendered in any proceeding under this  section  shall  be  communicated,
  after  final  hearing,  to the petitioner, the railroad corporation, the
  municipal corporation and all other parties who appeared at said hearing
  by counsel or in person. Any person aggrieved by such decision, or by  a
  decision made pursuant to sections eighty-nine and ninety, and who was a
  party  to said proceeding, may within sixty days appeal therefrom to the
  appellate division of the supreme court in the department in which  such
  crossing  is  situated,  and to the court of appeals, in the same manner
  and with like effect as is provided in the case of appeals from an order
  of the supreme court. This section shall not apply to a state highway or
  any other highway upon which the commissioner of transportation proposes
  to alter an existing crossing of a railroad pursuant to any  section  of
  the highway law.