N.Y. Railroad Law § 98

§ 98. Intersection of railroads. All steam railroads hereafter\nconstructed across the tracks of any other railroad and any street\nsurface railroad hereafter constructed across a steam railroad shall be\nabove, below, or at grade of such existing railroad as the commissioner\nof transportation shall determine, and the commissioner of\ntransportation shall in such determination fix the proportion of expense\nof such crossing to be paid by each railroad.\n