2006 New York Code - Punishment Upon Return Of Application.



 
    §  772.  Punishment  upon return of application. Upon the return of an
  application to punish for contempt, the questions which  arise  must  be
  determined,  as  upon  any other motion; and, if the determination is to
  the effect specified in section seven hundred  and  seventy,  the  order
  thereupon  must  be  to  the  same  effect  as  the  final order therein
  prescribed.
    Except as hereinafter provided, the offender may be committed  upon  a
  certified  copy of the order so made, without further process. Where the
  commitment is ordered to punish an offense committed with respect to  an
  enforcement procedure under the civil practice law and rules or pursuant
  to section two hundred forty-five of the domestic relations law, and the
  defendant has not appeared upon the return of the application, the final
  order  directing punishment and commitment of the offender shall include
  a provision granting him leave to purge himself of the  contempt  within
  ten  days  after personal service of the order by performance of the act
  or duty the omission of which constitutes the misconduct for which he is
  to be punished, and the act or duty to be performed shall  be  specified
  in the order. Upon a certified copy of the order, together with proof by
  affidavit  that  more  than ten days have elapsed since personal service
  thereof upon the offender, and that the act or duty  specified  has  not
  been performed, the court may issue without notice a warrant directed to
  the  sheriff  or  other enforcement officer of any jurisdiction in which
  the offender may be found. The warrant shall  command  such  officer  to
  arrest the offender forthwith and bring him before the court, or a judge
  thereof, to be committed or for such further disposition as the court in
  its discretion shall direct.

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