N.Y. Public Officers Law § 23: Order granting leave; action thereupon

§ 23. Order granting leave; action thereupon. Upon such an

application, the court must grant an order, permitting the applicant to

maintain an action upon the bond or undertaking. The action must be

brought, in the court which granted the order, by the applicant as

plaintiff; and it may be maintained, as if the applicant was the obligee

named in the bond or undertaking, except as otherwise expressly

prescribed in this article.