N.Y. Lien Law § 21-a: Vacating lien for a public improvement, by order of court

§ 21-a. Vacating lien for a public improvement, by order of court. A

lien against the amount due or to become due a contractor from the state

or a public corporation, for the construction or demolition of a public

improvement, may be vacated and canceled by an order of the supreme

court. Before such order shall be granted, a notice shall be served upon

the lienor personally or, in such manner as the court may direct. Such

notice shall require the lienor to commence an action to enforce the

lien within a time specified in the notice, not less than thirty days

from the time of service, or show cause at a special term of the supreme

court in the judicial district embracing the county wherein the notice

of lien is filed, at a time and place specified therein, why the notice

of lien should not be vacated and canceled of record. Proof of such

service and that the lienor has not commenced the action to foreclose

such a lien, as directed in the notice, shall be made by affidavit, at

the time of applying for such order.