N.Y. Civil Practice Law & Rules § 2512: Undertaking by the state, municipal corporation or public officer

§ 2512. Undertaking by the state, municipal corporation or public

officer. 1. Any provision of law authorizing or requiring an undertaking

to be given by a party shall be construed as excluding the state, a

domestic municipal corporation or a public officer in behalf of the

state or of such a corporation. Such parties shall, however, be liable

for damages as provided in such provision of law in an amount not

exceeding an amount which shall be fixed by the court whenever it would

require an undertaking of a private party.

2. Where an appeal is taken by any such party, only the court to which

the appeal is taken may fix the amount which shall limit the liability

for damages pursuant to this section.