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Home » US Law » 2022 New York Laws » Consolidated Laws » CVP - Civil Practice Law and Rules » Article 25 - Undertakings » 2506 – Exception to Surety; Allowance Where No Exception Taken.
§  2506. Exception to surety; allowance where no exception taken.  (a)
Exception to surety. If a certificate of qualification  issued  pursuant
to  subsections  (b),  (c)  and  (d) of section one thousand one hundred
eleven of the insurance law is not filed with the undertaking,  a  party
may  except  to  the  sufficiency  of  a  surety  by a written notice of
exception served upon the adverse party within ten days after receipt of
a copy of the undertaking. Where the undertaking has been served upon  a
party  by  the  sheriff,  the notice of exception shall be served on the
sheriff and on the adverse party.   Exceptions deemed by  the  court  to
have  been  taken  unnecessarily,  or  for  vexation or delay, may, upon
notice, be set aside, with costs.

(b) Allowance where no exception taken. Where no exception to sureties is taken within ten days or where exceptions taken are set aside the undertaking is allowed.