2006 New York Code - Power Of Courts To Punish For Civil Contempts.



 
    § 753. Power of courts to punish for civil contempts.
    A. A court of record has power to punish, by fine and imprisonment, or
  either,  a neglect or violation of duty, or other misconduct, by which a
  right or remedy of a party to a  civil  action  or  special  proceeding,
  pending  in the court may be defeated, impaired, impeded, or prejudiced,
  in any of the following cases:
    1. An attorney, counsellor, clerk, sheriff, coroner, or other  person,
  in  any  manner  duly  selected  or  appointed  to perform a judicial or
  ministerial service, for a misbehavior in his office or trust, or for  a
  wilful  neglect  or  violation of duty therein; or for disobedience to a
  lawful mandate of the court, or of a judge thereof,  or  of  an  officer
  authorized to perform the duties of such a judge.
    2.  A  party  to  the  action  or  special  proceeding, for putting in
  fictitious bail or a fictitious surety, or for any deceit or abuse of  a
  mandate or proceeding of the court.
    3.  A  party  to  the  action  or  special  proceeding,  an  attorney,
  counsellor, or other person, for the non-payment  of  a  sum  of  money,
  ordered  or  adjudged  by  the  court to be paid, in a case where by law
  execution can not be awarded for the collection of such  sum  except  as
  otherwise  specifically provided by the civil practice law and rules; or
  for any other disobedience to a lawful mandate of the court.
    4. A person, for assuming to be an attorney or  counsellor,  or  other
  officer of the court, and acting as such without authority; for rescuing
  any  property  or  person  in  the custody of an officer, by virtue of a
  mandate of the court; for  unlawfully  detaining,  or  fraudulently  and
  wilfully  preventing,  or  disabling  from  attending  or  testifying, a
  witness, or a party to the action or special proceeding, while going to,
  remaining at, or returning from, the sitting where  it  is  noticed  for
  trial  or  hearing;  and  for  any  other unlawful interference with the
  proceedings therein.
    5. A person subpoenaed as a witness, for  refusing  or  neglecting  to
  obey  the  subpoena,  or  to  attend,  or to be sworn, or to answer as a
  witness.
    6. A person duly notified to attend as a  juror,  at  a  term  of  the
  court,  for  improperly  conversing with a party to an action or special
  proceeding, to be tried at that term,  or  with  any  other  person,  in
  relation  to  the  merits  of  that action or special proceeding; or for
  receiving a communication from any person, in relation to the merits  of
  such an action or special proceeding, without immediately disclosing the
  same  to  the court; or a person who attends and acts or attempts to act
  as a juror in the place and stead of a person who has been duly notified
  to attend.
    7. An inferior magistrate, or a judge or other officer of an  inferior
  court,  for proceeding, contrary to law, in a cause or matter, which has
  been  removed  from  his  jurisdiction  to  the  court  inflicting   the
  punishment;  or  for  disobedience to a lawful order or other mandate of
  the latter court.
    8. In any other case, where an attachment or any other  proceeding  to
  punish for a contempt, has been usually adopted and practiced in a court
  of  record, to enforce a civil remedy of a party to an action or special
  proceeding in that court, or to protect the right of a party.
    B. A court not of record has such power to punish for a civil contempt
  as is specifically granted to it by statute.

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