N.Y. Pub. Off. Law § 20

§ 20. Action upon official bond or undertaking. Where a public\nofficer is required to give an official bond or undertaking, and special\nprovision is not made by law for the prosecution of the bond or\nundertaking, by or for the benefit of a person who has sustained by his\ndefault, delinquency or misconduct, an injury, for which the sureties\nupon the bond or undertaking are liable, such a person may apply for\nleave to prosecute such official bond or undertaking. Such application\nshall be made to the supreme court except as otherwise provided in this\narticle.\n