N.Y. Railroad Law § 173-b

§ 173-b. Every city, town and village of this state, in addition to\nsuch powers as it may have relating to the granting of rights,\nprivileges, franchises, powers or consents to use the streets, roads,\nhighways, avenues, parks or public places for the construction and\noperation of street surface railroads within its corporate limits, shall\nhave power, subject to the provisions of sections one hundred and\nseventy-three-a to one hundred and seventy-three-h, both inclusive, of\nthis article, to grant to a duly incorporated railroad corporation of\nthis state, organized to construct, maintain and operate a street\nsurface railroad, a terminable permit to occupy or use any of the\nstreets, roads, highways, avenues, parks or public places of such city,\ntown or village for the construction and operation of a street surface\nrailroad, and to agree upon and contract for the terms and conditions\nthereof; provided that no street surface railroad or extensions or\nbranches thereof shall be built, extended or operated unless the\nconditions set forth in section one hundred and seventy-one of this\narticle have been complied with.\n