N.Y. Highway Law § 199: Widening highways; petition

§ 199. Widening highways; petition. When any part of a highway in any

town of this state, not in an incorporated village or city, running

between two or more villages or cities, has, because of the wearing away

by a river or stream or any other natural cause, become narrower than

the width required by statute, and is dangerous to the users of such

highway, twelve or more resident taxpayers of such town may present a

petition to the supreme court in the judicial district within which such

town is situated. The petition shall describe the part of the highway

proposed to be widened and state that such highway has become lessened

in width by the action of a river or stream or other cause, that it is

dangerous to the traveling public, that the widening and improvement of

such highway is necessary for the public convenience and welfare, that

the highway is an important leading road between two or more cities or

villages, that the cost of such widening and improvement would exceed

the sum of two thousand five hundred dollars and would be too burdensome

on the town or towns otherwise liable therefor. Such petition shall be

verified by at least three of the petitioners. On receipt of the

petition by supreme court the court shall appoint a time and place for a

meeting to hear all persons interested in the proposed widening of the

highway. The court shall examine the part of the highway proposed to be

widened, hear any reasons for or against such widening and ascertain the

probable cost of the work. If the court shall determine that the

proposed widening of the highway is necessary and that the cost thereof

would be too burdensome for the town, exceeding in probable cost two

thousand five hundred dollars, they shall notify the board of

supervisors of the county of such decision. The board of supervisors

shall thereupon cause one-half of the amount of the estimated cost to be

raised by the county and paid to the supervisor of the town or towns in

which that part of the highway proposed to be widened as aforesaid is

located, and said supervisor shall apply the sum so received by him

towards the payment of the cost of such widening. The balance of the

expense shall be raised in the manner provided by law, by the town or

towns in which that part of the highway proposed to be widened as

aforesaid is located.