N.Y. Highway Law § 158: Neglect or refusal to prosecute

§ 158. Neglect or refusal to prosecute. If the town superintendent

shall neglect or refuse to prosecute for any penalty, knowing the same

to have been incurred, he shall be liable to a penalty of ten dollars

for every such neglect or refusal, which shall be recovered by action in

the name of the town, by the supervisor, or by any taxpayer of the town

who shall indemnify the town for the costs and expense of the action, in

such manner as the supervisor may approve.