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This entry was published on 2014-09-22
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Justification of surety
Civil Practice Law & Rules (CVP) CHAPTER 8, ARTICLE 25
§ 2507. Justification of surety. (a) Motion to justify. Within ten
days after service of notice of exception, the surety excepted to or the
person upon whose behalf the undertaking was given shall move to
justify, upon notice to the adverse party and to the sheriff if he was
served with the undertaking. The surety shall be present upon the
hearing of such motion to be examined under oath. If the court find the
surety sufficient, it shall make an appropriate indorsement on the
undertaking. A certificate of qualification issued pursuant to
subsections (b), (c) and (d) of section one thousand one hundred eleven
of the insurance law shall be accepted in lieu of a justification.

(b) Failure to justify. If a motion to justify is not made within ten
days after the notice of exception is served, the undertaking shall then
be without effect, except as provided in this subdivision. Unless
otherwise provided by order of court, a surety on an undertaking
excepted to and not justified shall remain liable until a new
undertaking is given and allowed, but the original undertaking shall be
otherwise without effect.