2012 New York Consolidated Laws
CVP - Civil Practice Law & Rules
Article 25 - (2501 - 2513) UNDERTAKINGS
2507 - Justification of surety.

 
    §  2507.  Justification  of  surety. (a) Motion to justify. Within ten
  days after service of notice of exception, the surety excepted to or the
  person upon whose  behalf  the  undertaking  was  given  shall  move  to
  justify,  upon  notice to the adverse party and to the sheriff if he was
  served with the undertaking.  The  surety  shall  be  present  upon  the
  hearing  of such motion to be examined under oath. If the court find the
  surety sufficient, it shall  make  an  appropriate  indorsement  on  the
  undertaking.   A   certificate   of  qualification  issued  pursuant  to
  subsections (b), (c) and (d) of section one thousand one hundred  eleven
  of the insurance law shall be accepted in lieu of a justification.
    (b)  Failure to justify. If a motion to justify is not made within ten
  days after the notice of exception is served, the undertaking shall then
  be without effect,  except  as  provided  in  this  subdivision.  Unless
  otherwise  provided  by  order  of  court,  a  surety  on an undertaking
  excepted  to  and  not  justified  shall  remain  liable  until  a   new
  undertaking  is given and allowed, but the original undertaking shall be
  otherwise without effect.