N.Y. Civil Practice Law & Rules § 2507: Justification of surety

§ 2507. Justification of surety. (a) Motion to justify. Within ten

days after service of notice of exception, the surety excepted to or the

person upon whose behalf the undertaking was given shall move to

justify, upon notice to the adverse party and to the sheriff if he was

served with the undertaking. The surety shall be present upon the

hearing of such motion to be examined under oath. If the court find the

surety sufficient, it shall make an appropriate indorsement on the

undertaking. A certificate of qualification issued pursuant to

subsections (b), (c) and (d) of section one thousand one hundred eleven

of the insurance law shall be accepted in lieu of a justification.

(b) Failure to justify. If a motion to justify is not made within ten

days after the notice of exception is served, the undertaking shall then

be without effect, except as provided in this subdivision. Unless

otherwise provided by order of court, a surety on an undertaking

excepted to and not justified shall remain liable until a new

undertaking is given and allowed, but the original undertaking shall be

otherwise without effect.