N.Y. HAY Law § 180

§ 180. Limitations upon laying out highways. No highways shall be laid\nout less than three rods in width, nor through buildings or any fixtures\nor erections for the purpose of trade or manufactures, or any yard or\nenclosure necessary to the use and enjoyment thereof, without the\nconsent of the owner or owners thereof, unless so ordered by the supreme\ncourt in the judicial district in which the proposed highway is\nsituated; such order shall be made on the certificate of the town\nsuperintendent of the town or towns in which the proposed highway is\nsituated, showing that the public interests will be greatly promoted by\nthe laying out and opening of such highway; a copy of the certificate\nwith eight days' notice of the time and place of the hearing before the\nsupreme court shall be served on the owners of the land, or if they are\nnot residents of the county upon the occupants; the supreme court upon\nsuch certificates, and the proofs and other proceedings therein, may\norder the highway to be laid out and opened, if it deems it necessary\nand proper. Upon confirmation by the supreme court, the town\nsuperintendent shall then lay out and open such highway as in other\ncases. The provisions of this section shall not apply to buildings,\nfixtures, erections, yards or enclosures, made or placed on such land\nafter an application for the laying out and opening the highway shall\nhave been made. In case the highway to be laid out shall constitute an\nextension or continuation of a public highway already in use, and shall\nnot as to such new portion, exceed half a mile in length, the town\nsuperintendent may lay out such extension or continuation of a width of\nless than three rods, provided, however, that it be not less than the\nwidest part of the highway of which it is an extension or continuation.\nIn such case the town superintendent shall specify in his certificate\nthe precise width of the new portion of such highway, and shall certify\nthat such width is as great at least as the widest part of the highway\nof which it is a continuation or extension. No highway shall be laid out\nwhich shall be identical or substantially so with a highway previously\ndiscontinued or abandoned for public purposes within seven years of such\ndiscontinuance or abandonment, nor where other land or property has been\nconveyed to the town at the time of such discontinuance or abandonment\nin counties adjoining cities with upward of one million inhabitants.\n