2013 New York Consolidated Laws
CVP - Civil Practice Law & Rules
Article 25 - (2501 - 2513) UNDERTAKINGS
2506 - Exception to surety; allowance where no exception taken.

 
    §  2506. Exception to surety; allowance where no exception taken.  (a)
  Exception to surety. If a certificate of qualification  issued  pursuant
  to  subsections  (b),  (c)  and  (d) of section one thousand one hundred
  eleven of the insurance law is not filed with the undertaking,  a  party
  may  except  to  the  sufficiency  of  a  surety  by a written notice of
  exception served upon the adverse party within ten days after receipt of
  a copy of the undertaking. Where the undertaking has been served upon  a
  party  by  the  sheriff,  the notice of exception shall be served on the
  sheriff and on the adverse party.   Exceptions deemed by  the  court  to
  have  been  taken  unnecessarily,  or  for  vexation or delay, may, upon
  notice, be set aside, with costs.
    (b) Allowance where no exception taken. Where no exception to sureties
  is taken within ten days or where exceptions taken  are  set  aside  the
  undertaking is allowed.