§ 772 — Punishment upon return of application

New York § 772

• Jurisdiction: New York
• Law JUD: Judiciary
• Art. 19: Contempts

Text

§ 772. Punishment upon return of application. Upon the return of an\napplication to punish for contempt, the questions which arise must be\ndetermined, as upon any other motion; and, if the determination is to\nthe effect specified in section seven hundred and seventy, the order\nthereupon must be to the same effect as the final order therein\nprescribed.\n Except as hereinafter provided, the offender may be committed upon a\ncertified copy of the order so made, without further process. Where the\ncommitment is ordered to punish an offense committed with respect to an\nenforcement procedure under the civil practice law and rules or pursuant\nto section two hundred forty-five of the domestic relations law, and the\ndefendant has not appeared upon the return of the application, the final\norder directing punishment and commitment of the offender shall include\na provision granting him leave to purge himself of the contempt within\nten days after personal service of the order by performance of the act\nor duty the omission of which constitutes the misconduct for which he is\nto be punished, and the act or duty to be performed shall be specified\nin the order. Upon a certified copy of the order, together with proof by\naffidavit that more than ten days have elapsed since personal service\nthereof upon the offender, and that the act or duty specified has not\nbeen performed, the court may issue without notice a warrant directed to\nthe sheriff or other enforcement officer of any jurisdiction in which\nthe offender may be found. The warrant shall command such officer to\narrest the offender forthwith and bring him before the court, or a judge\nthereof, to be committed or for such further disposition as the court in\nits discretion shall direct.\n