42nd st spur psc hearings

8/7/2019 42nd St Spur PSC Hearings

1/8

102 PUBLIC SERVICE COMMlSSlON FOR FIRST DISTRICT

STATE OF NEW YORKPUBLIC SERVICE COMMISSION, FIRST DISTRICT

OPINION OF THE OOMMISSIONIn the Matter of the Application of the BOARD OF ESTIMATE ANDAPPORTIONMENT OF THE CITY OF NEW YORK for a determination of the question as to whether the existing tracks, structure,station and appurtenances of the MANHATTAN RAILWAY CoM-PANY in East 42d Street, Borough of Manhattan, City of NewYork, are necessary and convenient for the public service, orwhether, even if necessary and convenient, such tracks, structure,station and appurtenances constitute an impediment or obstruc-tion to the public use of said street. [Case No. 2582.] -In a proceeding by the city for a determination by the Commission to theend that a certificate might be granted authorizing the condemnation of the"Forty-Second Street Spur," held, that the "8pur" no looger BUpplied &public need not 8ubstantially supplied by other facilities, and furtllt-r that

8uch "8pur" constituted an impediment or obstruction to the pUblic U8e ofthe 8treet.Opinion approved April 22, 1921.

BARRETr, Commissioner:By chapter 788 of the laws of 1917 the Commission wasempowered, with the approval of the Board of Estimate and Appor.tionment of the City of New York, to authorize the removal

by the Manhattan Railway Company of the existing elevatedstructure and appurtenances in East Fortysecond street.The statute further provided that the authorization might begiven by a certificate granted by the Commission to the railwaycompany, with the approval of the Board of Estimate and Apportionment, and accepted by the railway company, such certificate toinclude such terms and conditions 88 might be necessary or properto accomplish such removal, and to provide for the payment of theexpense thereof either by the company or by the city, or by apportionment of the same between the company and the city.Nothing having been accomplished under the Act of 1917 t theLegislature, in 1919, passed an act, chapter 611 of the laws ofthat year, amending the Act of 1917 by adding thereto a newsection which provides that if, on or before October 1, 1919, DOcertificate shall have been made, approved, and accepted pursuantto the provisions of the preceding section, and no agreement canbe reached with the Manhattan Railway Company as to theremoval of the structure, the Commission, on presentation to it of acertified copy of a resolution of the Board of Estimate and Apportionment containing a request therefor, shall institute a proceeding and conduct a hearing before the Commission for the purposeof determiniDg whether the structure and its appurtenances are


2/8


3/8


4/8


5/8


6/8


7/8


8/8

42nd st spur psc hearings

Documents