Where a public officer is required to give an official bond or undertaking, and special provision is not made by law for the prosecution of the bond or undertaking, by or for the benefit of a person who has sustained by his default, delinquency or misconduct, an injury, for which the sureties upon the bond or undertaking are liable, such a person may apply for leave to prosecute such official bond or undertaking. Such application shall be made to the supreme court except as otherwise provided in this article.
New York Legal Code