N.Y. Comp. Codes R. & Regs. tit. 17 § 919.4
The commissioner may require alteration or closure of any existing private rail crossing, including farm crossings, located in an intercity rail passenger service corridor. The department may participate in the costs of such alteration or closure without a hearing. Such alteration or closure as reflected by plans, specifications and other documents deemed necessary by the commissioner must be submitted for review and written approval of the commissioner before such alteration or closure can be made. In the event that the railroad owning the crossing, the property owners directly impacted by the crossing, and the department cannot agree with respect to the alteration or closure of an existing private rail crossing, the commissioner shall conduct a hearing on the need for such alteration or closure and whether any other alternatives are available. The commissioner may consider the use of an alternative route or the closure of the crossing. The commissioner may also determine the apportionment of costs for the alteration and maintenance of such crossing, including any warning devices. Once a decision has been rendered, the commissioner shall provide a copy of the decision to all affected railroads and property owners.
N.Y. Comp. Codes R. & Regs. Tit. 17 § 919.4