Section 21-A. Vacating lien for a public improvement, by order of court

A
  lien against the amount due or to become due a contractor from the state
  or a public corporation, for the construction or demolition of a  public
  improvement,  may  be  vacated  and  canceled by an order of the supreme
  court. Before such order shall be granted, a notice shall be served upon
  the lienor personally or, in such manner as the court may  direct.  Such
  notice  shall  require  the  lienor to commence an action to enforce the
  lien within a time specified in the notice, not less  than  thirty  days
  from the time of service, or show cause at a special term of the supreme
  court  in  the judicial district embracing the county wherein the notice
  of lien is filed, at a time and place specified therein, why the  notice
  of  lien  should  not  be  vacated and canceled of record. Proof of such
  service and that the lienor has not commenced the  action  to  foreclose
  such  a  lien, as directed in the notice, shall be made by affidavit, at
  the time of applying for such order.