Opinion
April 3, 1950.
Present — Nolan, P.J., Carswell, Johnston, Adel and Wenzel, JJ.
Submission of a controversy on an agreed statement of facts. Pursuant to the Grade Crossing Elimination Act (L. 1926, ch. 233), the Public Service Commission has approved the elimination of a grade crossing at Oceanside Avenue in the incorporated village of Rockville Centre. As a result, the railroad station will be elevated above the street level. The village secured the approval of the Public Service Commission to the modification of the plans for the grade elimination project so as to include in said plans an escalator from the street level to the new station platform, the escalator to be built at the expense of the village on property owned by the railroad, that portion of the railroad station to be occupied by the proposed escalator to be leased to the village by the railroad for five years. The village proposes to issue serial bonds in order to provide the necessary funds for the construction of the escalator. The question presented is whether the issue of the bonds is prohibited by sections 1 and 2 of article VIII of the Constitution of the State of New York. We are of the opinion that the issue of the bonds is prohibited by section 2 of article VIII of the State Constitution, because the construction of an escalator on railroad-owned property, although leased to the village, to provide access from one portion of railroad-owned property to another portion of railroad-owned property, is not a village purpose. Judgment is unanimously directed for plaintiff, without costs, restraining defendants, or their successors in office, from taking any further action to authorize the issue of serial bonds to pay the cost of the construction of the proposed escalator.