N.Y. Highway Law § 349-d: Application of law, rules, conditions and regulations

§ 349-d. Application of law, rules, conditions and regulations. All

provisions of this chapter and all rules, conditions and regulations by

the commissioner of transportation that are consistent with the

provisions of this article, shall be applicable to the performance of

the acts herein specified, and, notwithstanding any inconsistent

provisions of this chapter, or any other laws, general or special, the

commissioner is authorized and empowered to carry out the provisions of

this article and to perform and do such other and further acts not

hereby specifically provided in this article as may be necessary

hereunder, provided however that no public street, main route or

thoroughfare or any portion thereof, that is designated in this article,

shall be deemed to be a part of the system of highways of the state of

New York for purposes of maintenance and repair, until (1) such public

street, main route or thoroughfare or any portion thereof shall have

been constructed, reconstructed or improved as provided in this article,

and (2) such commissioner shall have issued an official order declaring

such public street, main route or thoroughfare or any portion thereof,

exclusive of service roads and intersecting street bridges, to be a part

of such system of highways for such purposes of maintenance and repair.

Such official order shall specify the date when the provisions thereof

shall become effective, and shall be filed in the office of the

department of transportation of the state of New York, and a certified

copy thereof shall be filed (1) in the office of the department of state

and (2) in the office of the clerk or of the official who performs the

related functions of the city in which such public street, main route or

thoroughfare or any portion thereof is located. Upon completion of such

filing, all such provisions of this chapter and all such rules,

conditions and regulations shall be applicable as stated in this

section.