N.Y. ELN Law § 16-113

§ 16-113. Proceeding with respect to voter verifiable records. The\nsupreme court, by a justice within the judicial district, or the county\ncourt, by a county judge within his or her county, in a special\nproceeding by any candidate or his or her agent, may direct a manual\naudit of the voter verifiable audit records applicable to any candidate\nrunning for office within such judicial district or county where (1) the\nuniform statewide standard promulgated by regulation by the state board\nof elections pursuant to subdivision three of section 9-211 of this\nchapter with respect to discrepancies between manual audit tallies and\nvoting machines or systems tallies requires a further voter verifiable\nrecord audit of additional voting machines or systems or all voting\nmachines or systems applicable to such election, or (2) where evidence\npresented to the court otherwise indicates that there is a likelihood of\na material discrepancy between such manual audit tally and such voting\nmachine or system tally, or a discrepancy as defined in subdivision\nthree of section 9-208 of this chapter, which creates a substantial\npossibility that the winner of the election as reflected in the voting\nmachine or system tally could change if a voter verifiable record audit\nof additional voting machines or systems or of all voting machines or\nsystems applicable to such election were conducted.\n