N.Y. Railroad Law § 23

§ 23. Highway exempted. No railroad shall be constructed, maintained\nor operated and no railroad tracks shall be laid upon the state road\nknown as the Buffalo and White's Corners plank-road in the county of\nErie, where none now exists, excepting such as may be necessarily laid\nfor the purpose only of crossing said highway. The provisions of this\nsection shall not affect any consents granted prior to the eighteenth\nday of April, nineteen hundred and five, or any rights acquired for the\nconstruction of any such railroad.\n