N.Y. High. Law § 170
Whenever the town superintendent shall lay out any highway, either upon application to him or otherwise, he shall notify the county superintendent, whose duty it shall be to either make a survey, or cause the same to be made, and the town superintendent shall incorporate the survey in an order to be signed by him, and to be filed and recorded in the office of the town clerk, who shall note the time of recording the same. Notwithstanding the provisions of any general or special law, the county superintendent, his agents, contractors or employees when engaged on work connected with laying out a town highway, may pursuant to the eminent domain procedure law enter upon any property for the purpose of making surveys, test pits, test borings, or other investigations. Claims for any damage caused by such work may be adjusted by the town board or determined pursuant to the eminent domain procedure law. The cost of such survey shall be a town charge payable in the same manner as other charges against the town.
N.Y. High. Law § 170