N.Y. Highway Law § 241: Proceedings in court

§ 241. Proceedings in court. Whenever two or more adjoining towns

which, under the provisions of this chapter shall be liable to make or

maintain any bridge whether in the same or different counties, three

freeholders in either of such towns may, by petition signed by them,

apply to the town board in each of such towns, to build, rebuild or

repair such bridge, and if such town boards refuse to build, rebuild or

repair such bridge within a reasonable time, either for want of funds or

any other cause, such freeholders, upon affidavit and notice of motion,

a copy of which shall be served on the supervisor or town clerk of each

of said towns at least eight days before the hearing, may apply to the

supreme court at a special term thereof, to be held in the judicial

district in which such bridge or any part thereof shall be located, for

an order requiring such town boards to direct the town superintendents

to build, rebuild or repair such bridge, and the court upon such motion

may, in doubtful cases, refer the case to some disinterested person to

ascertain the requisite facts in relation thereto, and to report the

evidence thereof to the court. Upon the coming in of the report, in case

of such reference, or upon or after the hearing of the motion, in case

no reference shall be ordered, the court shall make an order thereon as

the justice of the case shall require. If the motion be granted in whole

or in part, whereby funds shall be needed to carry the order into

effect, such court shall specify the amount of money required for that

purpose, and how much thereof shall be raised in each town.