N.Y. JUD Law § 779

§ 779. Prosecution of undertaking by attorney-general or district\nattorney. If no party is aggrieved by the misconduct of the accused, the\norder must, and, in any case where the court thinks proper so to direct,\nit may, direct the prosecution of the undertaking, by the\nattorney-general, or by the district attorney of the county in which it\nwas given, in the name of the people. In an action, brought pursuant to\nthe order, the people are entitled to recover the entire sum, specified\nin the undertaking. Out of the money collected, the court, which\ndirected the prosecution, must direct that the person, at whose instance\nthe warrant was issued, be paid such a sum as it thinks proper, to\nsatisfy the costs and expenses incurred by him, and to compensate him\nfor any loss or injury sustained by him, by reason of the misconduct.\nThe residue of the money must be paid into the treasury of the state.\n