§ 21-a. Vacating lien for a public improvement, by order of court. A\nlien against the amount due or to become due a contractor from the state\nor a public corporation, for the construction or demolition of a public\nimprovement, may be vacated and canceled by an order of the supreme\ncourt. Before such order shall be granted, a notice shall be served upon\nthe lienor personally or, in such manner as the court may direct. Such\nnotice shall require the lienor to commence an action to enforce the\nlien within a time specified in the notice, not less than thirty days\nfrom the time of service, or show cause at a special term of the supreme\ncourt in the judicial district embracing the county wherein the notice\nof lien is filed, at a time and place specified therein, why the notice\nof lien should not be vacated and canceled of record. Proof of such\nservice and that the lienor has not commenced the action to foreclose\nsuch a lien, as directed in the notice, shall be made by affidavit, at\nthe time of applying for such order.\n
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