N.Y. Pub. Off. Law § 23

§ 23. Order granting leave; action thereupon. Upon such an\napplication, the court must grant an order, permitting the applicant to\nmaintain an action upon the bond or undertaking. The action must be\nbrought, in the court which granted the order, by the applicant as\nplaintiff; and it may be maintained, as if the applicant was the obligee\nnamed in the bond or undertaking, except as otherwise expressly\nprescribed in this article.\n