New York Laws
Article 2-A - Actions on Official Bonds or Undertakings
21 - Application May Be Made Ex Parte.

ยง 21. Application may be made ex parte. Such application may be made
without notice; but in that case the officer, or either of his sureties,
may apply upon notice, to vacate an order permitting the applicant to
maintain an action, upon any ground showing that it ought not to have
been granted.