N.Y. PBG Law § 15

§ 15. Actions and proceedings against the commissioner or the state;\nintervention by commissioner in certain actions and proceedings. With\nregard to duties or liabilities arising out of this chapter, the state\nor the commissioner may be sued in the same manner as a private person.\nIn any action or proceeding affecting any state project the commissioner\nshall be given notice thereof, and he shall take such steps in such\naction or proceeding as may be necessary to protect the public interest.\nIf, in the opinion of the commissioner, it is necessary or desirable in\nthe public interest, that he intervene in such action or proceeding he\nshall be permitted to do so as a matter of right. Whenever in connection\nwith a state project under any instrument or law, a notice of default in\nwriting is required to be served upon an authority or municipality\nbefore the institution of any action or proceeding, a copy of such\nnotice shall be served upon the commissioner at least five days before\ncommencement of the action or proceeding. No costs shall be awarded\nagainst the commissioner or the state in any such litigation.\n