§ 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.
Application may be made ex parte
N.Y. Public Officers Law § 21, under Actions On Official Bonds or Undertakings.
N.Y. Public Officers Law § 21