2006 New York Code - Prosecution Of Undertaking By Attorney-general Or District Attorney.

 
    §  779.  Prosecution  of  undertaking  by attorney-general or district
  attorney. If no party is aggrieved by the misconduct of the accused, the
  order must, and, in any case where the court thinks proper so to direct,
  it  may,  direct  the   prosecution   of   the   undertaking,   by   the
  attorney-general,  or by the district attorney of the county in which it
  was given, in the name of the people. In an action, brought pursuant  to
  the  order, the people are entitled to recover the entire sum, specified
  in the undertaking.  Out  of  the  money  collected,  the  court,  which
  directed the prosecution, must direct that the person, at whose instance
  the  warrant  was  issued,  be  paid  such a sum as it thinks proper, to
  satisfy the costs and expenses incurred by him, and  to  compensate  him
  for  any  loss  or injury sustained by him, by reason of the misconduct.
  The residue of the money must be paid into the treasury of the state.