N.Y. HAY Law § 153

§ 153. Custody of shade trees. The town superintendent shall have\ncontrol of all shade trees in the town highways of the town, but not\nwithin the limits of an incorporated village, and shall prosecute\ncomplaints for malicious injury to, or unlawful acts concerning public\nshade trees. Upon recommendation of the town superintendent, the town\nboard of any town may appropriate general town moneys for setting out\nand preserving shade trees along the highways of any class in such town;\nbut no tree shall be so set out in a state highway without the consent\nin writing of the commissioner of transportation except in a village of\nthe first or second class, nor shall any trees be so set out in a county\nroad without the written consent of the county superintendent, except in\nvillages of the first and second class. Trees set out in a state highway\nunder the provisions of this section shall not be removed without the\nwritten consent of the commissioner of transportation. Trees set out in\na county road under the provisions of this section shall not be removed\nwithout the written consent of the county superintendent. Trees set out\nin a state highway within villages of the first and second class which\ntend to make travel or traffic thereon unsafe or hazardous shall be\nremoved or their location changed by the proper village autohrity when\nsuch removal or change of location is ordered by the commissioner of\ntransportation.\n