2006 New York Code - Amount Of Fine.



 
    §  773. Amount of fine. If an actual loss or injury has been caused to
  a party to an action or special proceeding, by reason of the  misconduct
  proved  against  the  offender,  and  the  case  is  not one where it is
  specially prescribed by law, that an action may be maintained to recover
  damages for the loss or injury, a  fine,  sufficient  to  indemnify  the
  aggrieved  party,  must be imposed upon the offender, and collected, and
  paid over to the aggrieved party, under the direction of the court.  The
  payment  and  acceptance of such a fine constitute a bar to an action by
  the aggrieved party, to recover damages for the loss or injury.
    Where it is not shown that such an actual  loss  or  injury  has  been
  caused,  a  fine  may  be  imposed,  not  exceeding  the  amount  of the
  complainant's costs and expenses, and two hundred and fifty  dollars  in
  addition  thereto,  and  must  be  collected and paid, in like manner. A
  corporation may be fined as prescribed in this section.
    If a fine is imposed 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  it
  has  not  been  shown that such an actual loss or injury has been caused
  and the defendant has not appeared upon the return of  the  application,
  the  order imposing fine, if any, shall include a provision granting the
  offender leave to purge himself of the contempt within  ten  days  after
  personal service of the order by appearing and satisfying the court that
  he  is  unable  to  pay  the fine or, in the discretion of the court, by
  giving an undertaking in a sum to be fixed by the court conditioned upon
  payment of the fine plus costs  and  expenses  and  his  appearance  and
  performance  of  the  act or duty, the omission of which constitutes the
  misconduct for which he is to be punished. The order may also include  a
  provision  committing  the  offender to prison until the fine plus costs
  and expenses are paid, or until he is discharged according to law.  Upon
  a  certified  copy  of  the  order imposing fine, together with proof by
  affidavit that more than ten days have elapsed  since  personal  service
  thereof upon the offender, and that the fine plus costs and expenses has
  not  been paid, 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 other disposition as the  court  in
  its discretion shall direct.

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