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					                                      STATE OF NEW YORK
                                DEPARTMENT OF TRANSPORTATION

CASE 33012 – Proceeding on motion of the Commissioner of Transportation, pursuant to Section 95 of
the Railroad Law, for a determination as to whether the crossing carrying Ferry Road over the tracks of
CSX Transportation, Inc. (the former owner being Consolidated Rail Corporation) in the Town of
Stuyvesant, Columbia County, should be closed and discontinued, and whether the private rail crossing of
Pinkowski (Ice House) Road, also in the Town of Stuyvesant, Columbia County, over the said tracks
should be declared a public crossing, and, if so, the manner in which the said Pinkowski (Ice House) Road
shall cross the said tracks of CSX Transportation, Inc. FURTHER PUBLIC HEARING.

PETITIONER’S ADDRESS:
      Commissioner of Transportation, 50 Wolf Road, Albany, NY 12232

                                              * * * *
NOTICE is hereby given that a further public hearing in the above entitled matter will be held before
HON. PETER S. LOOMIS, Chief Administrative Law Judge, at the Town of Stuyvesant Town Hall, 5
Sunset Drive, Stuyvesant, NY 12173 on Wednesday, May 12, 2010, commencing at 9:30 AM.

By order adopted October 17, 1995, a proceeding was instituted under Section 95 of the Railroad Law,
seeking a determination as to whether the public crossing at grade carrying Ferry Road over the tracks of
CSX Transportation, Inc. (the former owner being Consolidated Rail Corporation) in the Town of
Stuyvesant, Columbia County, should be closed and discontinued, and whether the private rail crossing of
Pinkowski (Ice House) Road, also in the Town of Stuyvesant, Columbia County, over the said tracks
should be declared a public crossing, and, if so, the manner in which the said Pinkowski (Ice House) Road
shall cross the said tracks of CSX Transportation, Inc. A hearing was thereafter held in the matter on
October 27, 1995, and on April 17, 1996, an order was adopted directing that the crossing of Ferry Road
be closed and discontinued, with appropriate barricades erected to prevent vehicular access, and that the
crossing of Pinkowski (Ice House) Road be designated a public crossing, the said crossing to be
reconstructed and equipped with automatic flashers and gates. On December 13, 2006, a further order was
adopted citing testimony at the October 27, 1995 hearing concerning the construction of a connector road
between Ferry and Pinkowski (Ice House) Roads, and directing that the order of April 17, 1996 be
amended to provide that the Ferry Road crossing remain open and the Pinkowski (Ice House) Road
crossing remain private until the connector road is constructed. On April 28, 2010, an order was adopted
directing that a further hearing be held. That order noted that the Department of Transportation has
received federal American Recovery and Reinvestment Act (ARRA) funding to progress safety
improvements on Pinkowski (Ice House) Road's crossing in the near future. It was ordered that the record
in this proceeding therefore be reopened to inquire as to whether the Ferry Road crossing should be
closed and discontinued and the manner in which Pinkowski (Ice House) Road shall cross the said tracks
of CSX Transportation, Inc. This hearing will inquire into that issue, establish a record and enable a
determination as to what, if any, further actions should be ordered in this case with respect to the
crossings of Ferry Road and Pinkowski (Ice House) Road.

Parties are directed to advise this Department if a sign language interpreter, assistive listening system or
any other accommodations will be required to facilitate participation in this hearing. In such a case, please
contact the Office of Proceedings at Area Code 518-457-1182.

                                                  By the Office of Proceedings

				
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