N.Y. High. Law § 41

§ 41. Maintenance of highways after preliminary work pending permanent\npaving. Upon the completion of a contract for the preliminary grading\nand structures of a state highway the commissioner of transportation\nshall maintain said preliminary grading and structures until the\npermanent pavement is laid thereon and charge the cost thereof together\nwith the state's share of the cost of said permanent pavement against\nthe money appropriated and available for the construction of state\nhighways.\n