Whenever in the construction or reconstruction of a state highway it is determined by the commissioner of transportation to modify the grade or alignment of such state highway at its intersection with a county road or a town highway, the commissioner of transportation shall have power and authority to provide for and to grade and pave a safe intersection upon the intersecting county road or town highway as he deems necessary and proper for the protection of the traveling public and the expense thereof shall be borne as a part of the cost of the construction or reconstruction of such state highway and shall be payable from any moneys appropriated for the construction or improvement or reconstruction of state highways.
N.Y. High. Law § 43