N.Y. C.P.L.R. 2506

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