N.Y. High. Law § 310

§ 310. Damages to be paid before opening the road. The damages\nassessed by the jury shall be paid by the party for whose benefit the\nroad is laid out, before the road is opened or used; but if the jury\nshall certify that the necessity of such private road was occasioned by\nthe alteration or discontinuance of a public highway, such damages shall\nbe paid by the town and refunded to the applicant.\n