2006 New York Code - Discontinuance Of Part Of Highway Due To Grade Crossing Elimination.

 
    §  63.  Discontinuance  of  part  of  highway  due  to  grade crossing
  elimination. Whenever the commissioner of transportation shall determine
  that a state highway is affected by a side line or  a  new  location  by
  reason  of  the  elimination  of  a  highway-railroad  crossing at grade
  pursuant to an order of the department of transportation, or  by  reason
  of  the  improvement  or  reconstruction  of  an existing railroad grade
  crossing, and as a result thereof a  section  of  the  said  highway  no
  longer serves a useful purpose as a part of the state highway system, he
  shall  upon  the completion and acceptance of the elimination work, make
  an official order that the said section of the highway including any and
  all  bridges  and  culverts  located  thereon  or  immediately  adjacent
  thereto,  shall no longer be maintained by the state. If such section of
  highway or part thereof is located  in  an  incorporated  village,  such
  section  or part thereof including any bridge and culvert thereon, shall
  be maintained thereafter by the village in which such  section  or  part
  thereof  is  located,  excepting  however  that  any  bridge and culvert
  thereon, which were maintained by the town  in  which  such  village  is
  located,  before  the  improvement of the section by the state, shall be
  maintained by such town. If such section of highway was at the  time  of
  its  improvement  by the state on a county road, such section or as much
  thereof outside of the limits of an incorporated village, together  with
  any  bridge  and  culvert thereon, shall be maintained thereafter by the
  county or counties where it is located. The transfer of maintenance of a
  section of highway and of any bridge and culvert thereon to any  county,
  town  or  village  as  herein  provided  shall become effective upon the
  mailing of a certified copy of such  official  order  to  the  clerk  or
  clerks  of the board or boards of supervisors of the county or counties,
  to the town clerk or clerks or to the clerk or clerks of the village  or
  villages, as the case may be.