N.Y. HAY Law § 63

§ 63. Discontinuance of part of highway due to grade crossing\nelimination. Whenever the commissioner of transportation shall determine\nthat a state highway is affected by a side line or a new location by\nreason of the elimination of a highway-railroad crossing at grade\npursuant to an order of the department of transportation, or by reason\nof the improvement or reconstruction of an existing railroad grade\ncrossing, and as a result thereof a section of the said highway no\nlonger serves a useful purpose as a part of the state highway system, he\nshall upon the completion and acceptance of the elimination work, make\nan official order that the said section of the highway including any and\nall bridges and culverts located thereon or immediately adjacent\nthereto, shall no longer be maintained by the state. If such section of\nhighway or part thereof is located in an incorporated village, such\nsection or part thereof including any bridge and culvert thereon, shall\nbe maintained thereafter by the village in which such section or part\nthereof is located, excepting however that any bridge and culvert\nthereon, which were maintained by the town in which such village is\nlocated, before the improvement of the section by the state, shall be\nmaintained by such town. If such section of highway was at the time of\nits improvement by the state on a county road, such section or as much\nthereof outside of the limits of an incorporated village, together with\nany bridge and culvert thereon, shall be maintained thereafter by the\ncounty or counties where it is located. The transfer of maintenance of a\nsection of highway and of any bridge and culvert thereon to any county,\ntown or village as herein provided shall become effective upon the\nmailing of a certified copy of such official order to the clerk or\nclerks of the board or boards of supervisors of the county or counties,\nto the town clerk or clerks or to the clerk or clerks of the village or\nvillages, as the case may be.\n