N.Y. State Law § 58
Whenever any lands, structures or waters, situated within the boundaries of this state, are, in the judgment of the governor, necessary for purposes of public defense, or for other public purposes incidental thereto including public highway purposes, the estates, titles and interests in and to such lands, structures or waters, belonging to or vested in any person, corporation or municipality, may be acquired by the state as provided in this article. If any of such lands are, in the judgment of the governor, needed for public highway purposes leading to, from, across or around such appropriated lands, such estate as may in his judgment be necessary therefor may be acquired in such strips of land, not exceeding one hundred feet in width, as in his judgment are needed for such purposes. The governor shall, whenever lands, structures or waters, to be designated by him, are required for such purposes, direct the adjutant-general, attorney-general, and the commissioner of transportation, to take such actions and institute such proceedings as may be necessary to acquire such lands and easements in the name and for the benefit of the people of the state. Such officers when so directed are in each instance hereby constituted a temporary commission for the purpose of acquiring title to the lands so designated and the structures and waters thereon.
N.Y. State § 58