name of The City of New York to acquire title for the use of the public to the lands, tenements and hereditaments required for the purpose of opening and extending:

Cleveland avenue, between Thomson avenue and Skillman avenue;

First street, between Thomson avenue and Jackson avenue;

Second street, between Woodside avenue and Jackson avenue; and

Third street, between Thomson avenue and Jackson avenue, in the Borough of Queens, in The City of New York; and

Whereas, The said First street, Second street and Third street, so proposed to be opened, cross the tracks of the Northside Division of the Long Island Railroad Company; and

Whereas, In pursuance of section 61 of the Railroad Law (chapter 565, Laws of 1890), notice of the intention of The City of New York to lay out said First street, Second street and Third street across the tracks of the said Northside Division of the Long Island Railroad Company was given to said railway company on April 1, 1907; and

Whereas, In pursuance of section 61 of the Railroad Law, a hearing was had thereon before the Board of Estimate and Apportionment on April 19, 1907; and

Whereas, The said Board on the said date duly determined that it was necessary that said First street, Second street and Third street should cross the tracks of the said Northside Division of the Long Island Railroad Company; and

Whereas, Section 61 of the Railroad Law provides that application shall be made to the Board of Railroad Commissioners to determine whether such streets shall pass over or under such railroad, or at grade; and

Whereas, The Corporation Counsel of The City of New York was requested by the said Board of Estimate and Apportionment, in a resolution adopted on the 19th day of April, 1907, to take the necessary steps to have the Board of Railroad Commissioners determine whether the said First street, Second street and Third street shall pass over or under such railroad, or at grade; and

Whereas, By chapter 429 of the Laws of 1907, the Board of Railroad Commissioners has been abolished and all the powers and duties of said Board are devolved upon and are to be exercised and performed by the Public Service Commission:

Now, The City of New York, in pursuance of said chapter 429 of the Laws of 1907, and of section 61 of the Railroad Law, applies to the Public Service Commission of the First District to determine whether the said First, Second and Third streets shall pass over or under, or at grade of the tracks of the said Northside Division of the Long Island Railroad Company, and requests that the Public Service Commission of the First District appoint a time and place for a hearing in relation thereto, and that

a notice of the time and place of such hearing be served upon the Corporation Counsel of The City of New York.

Dated New York, December 18, 1907.

(Signed)

F. K. PENDLETON,

Corporation Counsel of The City of New York.

Note-It has been proposed by the Long Island Railroad Company to elevate. their tracks, but have as yet made no move to do same.

The plans are filed, and when the tracks are elevated, the above streets, First, Second and Third, will cross under the railroad. If the streets are at present regulated and graded as proposed, they will cross the tracks at grade.

(2)

2950

The Secretary presented an application by The City of New York for the Commission to determine whether Grout avenue should pass over, under or at grade of the tracks of the Flushing and Northside Division of the Long Island Railroad, and a request that the Commission appoint a time and place for a hearing.

It was moved and duly seconded that the matter be referred to the Counsel to the Commission.

Ayes-Commissioners Bassett, Maltbie, Eustis.

Nays-None.

Carried.

The application was as follows:

In the Matter

of

The application of The City of New York, relative to acquiring title to Grout avenue, between Greenpoint avenue and Fisk avenue, Second Ward, Borough of Queens, City of New York.

To the Public Service Commission of the First District:

Whereas, The Board of Estimate and Apportionment of The City of New York, by a resolution adopted on the 19th day of April, 1907, initiated proceedings in the name of The City of New York to acquire title for the use of the public to the lands, tenements and hereditaments required for the purpose of opening and extending Grout avenue, from Greenpoint avenue to Fisk avenue, Second Ward, Borough of Queens, in The City of New York; and

Whereas, The said Grout avenue, so proposed to be opened, crosses the track of the Flushing and Northside Division of the Long Island Railroad Company; and

Whereas, In pursuance of section 61 of the Railroad Law (chapter 565, Laws of 1890), notice of the intention of The City of New York to lay out said Grout street across the tracks of the said Flushing and Northside Division of the Long Island Railroad Company was given to said railroad company on April 1, 1907; and

Whereas, In pursuance of section 61 of the Railroad Law, a hearing was had thereon before the Board of Estimate and Apportionment on April 19, 1907; and

Whereas, The said Board on the said day duly determined that it was necessary that the said Grout avenue should cross the tracks of the Long Island Railroad as aforesaid; and

Whereas, Section 61 of the Railroad Law provides that application shall be made to the Board of Railroad Commissioners to determine whether Grout avenue shall pass over or under such railroad, or at grade; and

Whereas, The Corporation Counsel of The City of New York was requested by the said Board of Estimate and Apportionment, in a resolution adopted on the 19th day of April, 1907, to take the necessary steps to have the Board of Railroad Commissioners determine whether Grout avenue shall pass over or under such railroad, or at grade; and

Whereas, By chapter 429 of the Laws of 1907, the Board of Railroad Commissioners has been abolished and all the powers and duties of said Board are devolved upon and are to be exercised and performed by the Public Service Commission;

Now, The City of New York, in pursuance of said chapter 429 of the Laws of 1907, and of section 61 of the Railroad Law, applies to the Public Service Commission of the First District to determine whether Grout avenue shall pass over or under or at grade of the tracks of the said Flushing and Northside Division of the Long Island Railroad Company, and requests that the Public Service Commission of the First District appoint a time and place for a hearing in relation thereto, and that a notice of the time and place of such hearing be served upon the Corporation Counsel of The City of New York.

Dated New York, December 18, 1907.

(Signed)

F. K. PENDLETON,

Corporation Counsel of The City of New York.

Note-Grout avenue would be grade crossing if regulated at present. Will cross under railroad when elevated.

(3)

2960 The Secretary presented an application by The City of New York for the Commission to determine whether Sixth and Seventh streets should pass over, under, or at grade of the tracks of the Northside Division of the Long Island Railroad, and a request that the Commission appoint a time and place for a hearing.

It was moved and duly seconded that the matter be referred to the Counsel to the Commission.

Ayes-Commissioners Bassett, Maltbie, Eustis.

Nays-None.

Carried.

The application was as follows:

In the Matter

of

The application of The City of New York, relative to acquiring title to Kelly avenue, between Woodside avenue and Jackson avenue; Sixth street, between Thomson avenue and Seventh street; and Seventh street, between Thomson avenue and Jackson avenue, Second Ward, in the Borough of Queens, City of New York.

To the Public Service Commission, First District:

Whereas, The Board of Estimate and Apportionment of The City of New York, by a resolution adopted on the 19th day of April, 1907, initiated proceedings in the name of The City of New York to acquire title for the use of the public to the lands, tenements and hereditaments required for the purpose of opening and extending Kelly avenue, between Woodside avenue and Jackson avenue; Sixth street, between Thomson avenue and Seventh street; and Seventh street, between Thomson avenue and Jackson avenue, in the Second Ward, Borough of Queens, City of New York; and

Whereas, The said Sixth street and Seventh street so proposed to be opened cross the tracks of the Northside Division of the Long Island Railroad Company; and

Whereas, In pursuance of section 61 of the Railroad Law (chapter 565, Laws of 1890), notice of the intention of The City of New York to lay out said Sixth and Seventh streets across the tracks of the said Northside Division of the Long Island Railroad Company was given to said railroad company on April 1, 1907; and

Whereas, In pursuance of section 61 of the Railroad Law, a hearing was had thereon before the Board of Estimate and Apportionment on April 19, 1907; and

Whereas, The said Board on the said date duly determined that it was necessary that the said Sixth and Seventh streets cross the tracks of the said Northern Division of the Long Island Railroad Company; and

Whereas, Section 61 of the Railroad Law provides that application shall be made to the Board of Railroad Commissioners to determine whether such streets shall pass over, or under, such railroad, or at grade; and

Whereas, The Corporation Counsel of The City of New York was requested by the said Board of Estimate and Apportionment, in a resolution adopted on the 19th day of April, 1907, to take the necessary steps to have the Board of Railroad Commissioners determine whether the said Sixth and Seventh streets shall pass over or under such railroad or at grade; and

Whereas, By chapter 429 of the Laws of 1907, the Board of Railroad Commissioners has been abolished and all the powers and duties of said Board are devolved upon and are to be exercised and performed by the Public Service Commission;

Now, The City of New York, in pursuance of said chapter 429 of the Laws of 1907, and of section 61 of the Railroad Law, applies to the Public Service Commission of the First District to determine whether the said Sixth and Seventh streets shall pass over or under or at the grade of the tracks of the said Northside Division of the Long Island Railroad Company, and requests that the Public Service Commission of the First District appoint a time and place for a hearing in relation thereto, and that notice of the time and place of such hearing be served upon the Corporation Counsel of The City of New York.

Dated December 18, 1907.

(Signed)

F. K. PENDLETON, Corporation Counsel of The City of New York.

(4)

2916

The Secretary presented an application by The City of New York for the Commission to determine whether Hegeman avenue should pass over, under or at grade of the tracks of the Manhattan Beach Branch of the Long Island Railroad Company, and of the Brooklyn and Rockaway Beach Railroad Company, and a request that the Commission appoint a time and place for a hearing.

It was moved, and duly seconded, that the matter be referred to the Counsel to the Commission.

Ayes-Commissioners Bassett, Maltbie, Eustis.

Nays-None.

Carried.