N.Y. GCT Law § 35

§ 35. Permits for building in bed of mapped streets. For the purpose\nof preserving the integrity of such official map or plan no permit shall\nhereafter be issued for any building in the bed of any street or highway\nshown or laid out on such map or plan, provided, however, that if the\nland within such mapped street or highway is not yielding a fair return\non its value to the owner, the board of appeals or other similar board\nin any city which has established such a board having power to make\nvariances or exception in zoning regulations shall have power in a\nspecific case by the vote of a majority of its members to grant a permit\nfor a building in such street or highway which will as little as\npracticable increase the cost of opening such street or highway, or tend\nto cause a change of such official map or plan, and such board may\nimpose reasonable requirements as a condition of granting such permit,\nwhich requirements shall inure to the benefit of the city. Before taking\nany action authorized in this section, the board of appeals or similar\nboard shall give a hearing at which parties in interest and others shall\nhave an opportunity to be heard. At least fifteen days notice of the\ntime and place of such hearing shall be published in an official\npublication of said city or in a newspaper of general circulation\ntherein. Any such decision shall be subject to review by certiorari\norder issued out of a court of record in the same manner and pursuant to\nthe same provisions as in appeals from the decisions of such board upon\nzoning regulations.\n Where a proposed street widening or extension has been shown on such\nofficial map or plan for ten years or more and the city has not acquired\ntitle thereto, the city may, after a hearing on notice as hereinabove\nprovided, grant a permit for a building and/or structure in such street\nor highway and shall impose such reasonable requirements as are\nnecessary to protect the public interest as a condition of granting such\npermit, which requirements shall inure to the benefit of the city.\n