N.Y. High. Law § 173

§ 173. Petition for acquisition. Whenever the town superintendent of\nhighways of any township shall determine that public necessity requires\nthe laying out of a new or additional highway, and the land therefor\ncannot be obtained by the dedication of the owners thereof, or if a\nhighway proposed to be constructed or improved shall deviate from the\nline of the highway already existing and the town board be unable to\nacquire land by purchase for such requisite right of way as provided by\nsection one hundred and seventy-one of this chapter, he may apply to the\ntown board of his town for permission to institute a proceeding to\nacquire so much land as may be necessary to lay out such new or\nadditional highway, and when such consent shall have been given by the\ntown board of such town, the said town superintendent of highways may\nmake application pursuant to the eminent domain procedure law to supreme\ncourt in the judicial district in which such proposed highway is\nsituated, to obtain an order for permission to file an acquisition map\nof the property to be acquired.\n