N.Y. Jud. Law § 59

§ 59. Duty of court of appeals to direct action on forfeiture of bond\ngiven by clerk of court. If the bond given by the clerk of the court of\nappeals, before entering upon his duties, as prescribed by law, is\nforfeited by a breach of its condition, the court of appeals must, by\norder, direct an action to be brought thereon. The money recovered must\nbe applied, under the direction of the court of appeals, to indemnify\nthe persons aggrieved by the breach, in proportion to their respective\nlosses, and to make good any other loss, occasioned by the breach.\n