§ 540.10 Forfeiture of bail; generally.\n 1. If, without sufficient excuse, a principal does not appear when\nrequired or does not render himself amenable to the orders and processes\nof the criminal court wherein bail has been posted, the court must enter\nsuch facts upon its minutes and the bail bond or the cash bail, as the\ncase may be, is thereupon forfeited.\n 2. If the principal appears at any time before the final adjournment\nof the court, and satisfactorily excuses his neglect, the court may\ndirect the forfeiture to be discharged upon such terms as are just. If\nthe forfeiture is not so discharged and the forfeited bail consisted of\na bail bond, the district attorney, within one hundred twenty days after\nthe adjournment of the court at which such bond was directed to be\nforfeited, must proceed against the obligor or obligors who executed\nsuch bond, in the manner prescribed in subdivision three. If the\nforfeited bail consisted of cash bail, the county treasurer with whom it\nis deposited shall give written notice of the forfeiture to the person\nwho posted cash bail for the defendant may at any time after the final\nadjournment of the court or forty-five days after notice of forfeiture\nrequired herein has been given, whichever comes later, apply the money\ndeposited to the use of the county.\n 3. A bail bond or cash bail, upon being forfeited, together with a\ncertified copy of the order of the court forfeiting the same, must be\nfiled by the district attorney in the office of the clerk of the county\nwherein such order was issued. Such clerk must docket the same in the\nbook kept by him for docketing of judgments and enter therein a judgment\nagainst the obligor or obligors who executed such bail bond for the\namount of the penalty of said bond or against the person who posted the\ncash bail for the amount of the cash bail, and the bond and the\ncertified copy of the order of the court forfeiting the bond or the cash\nbail constitutes the judgment roll. Such judgment constitutes a lien on\nthe real estate of the obligor or obligors who executed such bail bond\nfrom the time of the entry of the judgment. An execution may be issued\nto collect the amount of said bail bond in the same form and with the\nsame effect as upon a judgment recovered in an action in said county\nupon a debt in favor of the people of the state of New York against such\nobligor or obligors.\n
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