NY Pub Off L § 11 (2021)
2021 New York Laws PBO - Public Officers Article 2 - Appointment and Qualification of Public Officers 11 - Official Undertakings.

§ 11. Official  undertakings.  1.  Every  official  undertaking,  when required by or in pursuance of law to be hereafter executed or filed  by any  officer,  shall  be to the effect that he will faithfully discharge the duties of his office and promptly  account  for  and  pay  over  all moneys  or  property received by him as such officer, in accordance with law, or in default thereof, that the parties executing such  undertaking will  pay  all  damages, costs and expenses resulting from such default, not exceeding  a  sum,  if  any,  specified  in  such  undertaking.  The undertaking of a state officer or clerk or employee shall be approved by the  attorney-general  as to its form and manner of execution and by the comptroller as to the sufficiency of the sureties and be  filed  in  the comptroller's  office.  The undertaking of a municipal officer shall, if not otherwise provided by law, be  approved  as  to  its  form  and  the sufficiency  of  the  sureties  by the chief executive officer or by the governing body of the municipality and be filed with the clerk  thereof. The  approval  by  such  governing body may be a resolution, a certified copy of which shall be attached to the undertaking. The  undertaking  of such county officer shall, if not otherwise provided by law, be approved as  to  its form and the sufficiency of the sureties by the clerk of the county, and filed in his office.  The  undertaking  of  a  town  officer shall,  if not otherwise provided by law, be approved as to its form and the sufficiency of the sureties by the clerk of the county and filed  in his  office.  The  sum specified in an official undertaking shall be the sum for which such undertaking shall be required by or in  pursuance  of law  is given. If no sum, or a different sum from that required by or in pursuance of law, be specified in the undertaking, it shall be deemed to be an undertaking for the amount so required. If no sum be  required  by or  in  pursuance  of  law  to  be  so  specified,  the officer or board authorized to approve the undertaking shall fix the sum to be  specified therein.   Every   official  undertaking  shall  be  executed  and  duly acknowledged by at least two sureties, each of whom  shall  add  thereto his  affidavit  that he is a freeholder or householder within the state, stating his occupation and  residence  and  the  street  number  of  his residence  and  place  of  business  if in a city, and a sum which he is worth over and above his just debts and liabilities and property  exempt from  execution.  The aggregate of the sums so stated in such affidavits must be at least double the amount specified in the undertaking. If  the surety  on an official undertaking of a state or local officer, clerk or employee of the state or political subdivision thereof or of a municipal corporation be a fidelity or surety corporation, the reasonable  expense of procuring such surety, not exceeding one percentum per annum upon the sum  for  which such undertaking shall be required by or in pursuance of law to be given, shall be  a  charge  against  the  state  or  political subdivision or municipal corporation respectively in and for which he is elected  or  appointed, except that the expense of procuring such surety as aforesaid, on an  official  undertaking  of  any  officer,  clerk  or employee  in  any  city  department  of  the city of New York, or of any office, board or body of said city, or of a  borough  or  county  within said  city,  including  officers,  clerks  and  employees of every court within said city, shall not be a charge upon said city or  upon  any  of the  counties  contained within said city, unless the comptroller of the said city, shall first have approved the  necessity  of  requiring  such official  undertaking  to  be given, and shall have approved of or fixed the amount of any such official undertaking; but  this  exception  shall not apply to an official undertaking specifically required by statute to be  given, and the amount of which is specifically fixed by statute. The failure to execute an official undertaking in the form or by the  number of  sureties  required by or in pursuance of law, or of a surety thereto  to make an affidavit required by or in pursuance of law, or in the  form so  required,  or  the omission from such an undertaking of the approval required by or in pursuance of law, shall not affect  the  liability  of the sureties therein.   2.  Notwithstanding  the  foregoing  provisions of this section or any other law, general, special or local, requiring an official  undertaking to  be conditioned substantially to the effect that an officer, clerk or employee will faithfully discharge his duties and promptly  account  for and  pay  over  all  moneys  or property received by him in his official capacity, it shall be permissible in lieu thereof, with the consent  and approval  of  the  officer  or  governing body authorized to require the undertaking, for any department or agency of the state or any  municipal corporation  or  district corporation or department or agency thereof to procure a blanket undertaking from any duly authorized corporate  surety covering  officers,  clerks  and employees. Any such blanket undertaking entered into on or after January first, nineteen  hundred  seventy-eight shall indemnify against losses:  (a)  through the failure of the officers, clerks and employees covered thereunder faithfully to perform their duties or to account properly for all moneys  or  property  received  by  virtue  of  their  positions  or employment, and  (b)  through  fraudulent  or dishonest acts committed by the officers, clerks and employees covered thereunder.   Notwithstanding any provisions of the civil practice law and rules any such blanket undertaking entered into prior to January  first,  nineteen hundred  eighty-three  may  contain  a provision that no suit, action or proceeding of any kind to recover on account of loss under such  blanket undertaking  shall  be  brought after the expiration of three years from the cancellation of such blanket undertaking as an  entirety.  Any  such blanket  undertaking  shall  be  approved  as  to  its  form,  manner of execution and sufficiency of the surety and filed  and  the  expense  of procuring such surety paid in the same manner as provided in subdivision one  of this section. The failure to execute such blanket undertaking in the form required by law, or the omission of the  approval  required  by law, shall not affect the liability of the surety thereon.   3.  Nothing  herein  contained  shall  be  construed  to  prevent  the procuring of a blanket undertaking to cover the liability  of  employees handling  funds collected pursuant to the provisions of section fifty of the vehicle and traffic law.   4. Notwithstanding the provisions of this section or  any  other  law, general  or  special,  requiring  an  official undertaking or bond to be conditioned substantially to the effect that a state officer,  clerk  or employee  will  faithfully discharge his duties and promptly account for and pay over all moneys or property received  by  him  in  his  official capacity,  the comptroller may, in his discretion, waive the requirement of procuring such official undertaking  or  bond,  and  the  expense  of procuring an official undertaking or bond shall not be a charge upon the state  unless the comptroller shall first have approved the necessity of requiring such official undertaking or bond.