N.Y. High. Law § 153
The town superintendent shall have control of all shade trees in the town highways of the town, but not within the limits of an incorporated village, and shall prosecute complaints for malicious injury to, or unlawful acts concerning public shade trees. Upon recommendation of the town superintendent, the town board of any town may appropriate general town moneys for setting out and preserving shade trees along the highways of any class in such town; but no tree shall be so set out in a state highway without the consent in writing of the commissioner of transportation except in a village of the first or second class, nor shall any trees be so set out in a county road without the written consent of the county superintendent, except in villages of the first and second class. Trees set out in a state highway under the provisions of this section shall not be removed without the written consent of the commissioner of transportation. Trees set out in a county road under the provisions of this section shall not be removed without the written consent of the county superintendent. Trees set out in a state highway within villages of the first and second class which tend to make travel or traffic thereon unsafe or hazardous shall be removed or their location changed by the proper village autohrity when such removal or change of location is ordered by the commissioner of transportation.
N.Y. High. Law § 153