N.Y. HAY Law § 263

§ 263. Payment for construction in connection with railroad grade\ncrossing eliminations. In carrying out railroad grade crossing\nelimination work under the provisions of the railroad law and the grade\ncrossing elimination act, if it becomes necessary, in the judgment of\nthe commissioner of transportation, to provide for highway facilities in\nthose instances where the department of transportation does not include\nthe same as a part of the order covering the construction for the\npayment of which all parties to the elimination are required to\nparticipate, the commissioner of transportation is authorized to provide\nfor the entire cost of such facilities out of any funds available for\nconstruction, improvement or reconstruction of highways and to have the\nsame included in the department of transportation's order and to have\nthe work performed as directed by it. Any additional right of way\nrequired for the facility provided for under this section shall be\nacquired by the county in the same way as the county acquires necessary\nlands for state highway repair, construction or reconstruction or change\nof course as provided in section ten, subdivision twenty-one, of the\nhighway law.\n