102 PUBLIC SERVICE COMMlSSlON FOR FIRST DISTRICT

STATE OF NEW YORK

PUBLIC SERVICE COMMISSION, FIRST DISTRICT

OPINION OF THE OOMMISSION

In the Matter of the Application of the

BOARD OF ESTIMATE AND
APPORTIONMENT OF THE CITY OF NEW YORK for a determina-
tion 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 New
York, are necessary and convenient for the public service, or
whether, 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 the
end 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 of
the 8treet.

Opinion approved April 22, 1921.

BARRETr, Commissioner:
By chapter 788 of the laws of 1917 the Commission was
empowered, 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 elevated
structure and appurtenances in East Forty·second street.
The statute further provided that the authorization might be
given by a certificate granted by the Commission to the railway
company, with the approval of the Board of Estimate and Appor-
tionment, and accepted by the railway company, such certificate to
include such terms and conditions 88 might be necessary or proper
to accomplish such removal, and to provide for the payment of the
expense thereof either by the company or by the city, or by appor-
tionment of the same between the company and the city.
Nothing having been accomplished under the Act of 1917 the t

Legislature, in 1919, passed an act, chapter 611 of the laws of

that year, amending the Act of 1917 by adding thereto a new
section which provides that if, on or before October 1, 1919, DO
certificate shall have been made, approved, and accepted pursuant
to the provisions of the preceding section, and no agreement can
be reached with the Manhattan Railway Company as to the
removal of the structure, the Commission, on presentation to it of a
certified copy of a resolution of the Board of Estimate and Appor-
tionment containing a request therefor, shall institute a proceed-
ing and conduct a hearing before the Commission for the purpose
of determiniDg whether the structure and its appurtenances are