2012 New York Consolidated Laws
CVP - Civil Practice Law & Rules
Article 23 - (2301 - 2309) SUBPOENAS, OATHS AND AFFIRMATIONS
2308 - Disobedience of subpoena.

 
    § 2308. Disobedience of subpoena. (a) Judicial. Failure to comply with
  a  subpoena  issued  by  a judge, clerk or officer of the court shall be
  punishable as a contempt of court. If the witness is a party  the  court
  may  also strike his or her pleadings. A subpoenaed person shall also be
  liable to the person on whose behalf  the  subpoena  was  issued  for  a
  penalty not exceeding one hundred fifty dollars and damages sustained by
  reason of the failure to comply. A court may issue a warrant directing a
  sheriff  to  bring  the  witness  into  court. If a person so subpoenaed
  attends or is brought into court, but refuses without  reasonable  cause
  to  be  examined,  or  to  answer  a legal and pertinent question, or to
  produce a book, paper or other thing which he or  she  was  directed  to
  produce  by the subpoena, or to subscribe his or her deposition after it
  has been correctly reduced to writing, the court may forthwith  issue  a
  warrant  directed  to  the  sheriff  of  the county where the person is,
  committing him or her to jail, there to remain until he or  she  submits
  to  do  the  act  which he or she was so required to do or is discharged
  according  to  law.  Such  a  warrant  of   commitment   shall   specify
  particularly  the  cause  of  the  commitment  and,  if  the  witness is
  committed for refusing to answer  a  question,  the  question  shall  be
  inserted in the warrant.
    (b)  Non-judicial. (1) Unless otherwise provided, if a person fails to
  comply with a subpoena which is not returnable in a court, the issuer or
  the person on whose behalf the subpoena  was  issued  may  move  in  the
  supreme court to compel compliance. If the court finds that the subpoena
  was  authorized,  it  shall  order  compliance  and may impose costs not
  exceeding fifty dollars. A subpoenaed person shall also be liable to the
  person on whose behalf  the  subpoena  was  issued  for  a  penalty  not
  exceeding  fifty  dollars and damages sustained by reason of the failure
  to comply. A court may issue a warrant directing a sheriff to bring  the
  witness  before the person or body requiring his appearance. If a person
  so subpoenaed attends or is brought before  such  person  or  body,  but
  refuses  without  reasonable  cause to be examined, or to answer a legal
  and pertinent question, or to produce a book, paper or other thing which
  he was directed  to  produce  by  the  subpoena,  or  to  subscribe  his
  deposition  after  it  has been correctly reduced to writing, the court,
  upon proof by affidavit, may issue a warrant directed to the sheriff  of
  the  county where the person is, committing him to jail, there to remain
  until he submits to do the act which he was so  required  to  do  or  is
  discharged  according to law. Such a warrant of commitment shall specify
  particularly the  cause  of  the  commitment  and,  if  the  witness  is
  committed  for  refusing  to  answer  a  question, the question shall be
  inserted in the warrant.
    (2)  Notwithstanding  the  provisions  of  paragraph   one   of   this
  subdivision, if a person fails to comply with a subpoena issued pursuant
  to section one hundred eleven-p of the social services law by the office
  of temporary and disability assistance or a social services district, or
  its   authorized   representative,  or  another  state's  child  support
  enforcement agency governed by title IV-D of the  social  security  act,
  such  office  or  district is authorized to impose a penalty against the
  subpoenaed person. The amount of the penalty shall be determined by  the
  commissioner  of  the  office of temporary and disability assistance and
  set forth in regulation, and shall not exceed fifty dollars. Payment  of
  the   penalty  shall  not  be  required,  however,  if  in  response  to
  notification of the imposition of  the  penalty  the  subpoenaed  person
  complies immediately with the subpoena.
    (c) Review of proceedings. Within ninety days after the offender shall
  have  been committed to jail he shall, if not then discharged by law, be
  brought, by the sheriff,  or  other  officer,  as  a  matter  of  course

  personally  before  the  court  issuing  the warrant of commitment and a
  review of the proceedings shall then be held to  determine  whether  the
  offender  shall  be discharged from commitment. At periodic intervals of
  not  more  than  ninety days following such review, the offender, if not
  then discharged by law from such commitment, shall be  brought,  by  the
  sheriff,  or  other  officer,  personally  before  the court issuing the
  warrant of commitment and further reviews of the proceedings shall  then
  be held to determine whether he shall be discharged from commitment. The
  clerk  of the court before which such review of the proceedings shall be
  held, or the judge or justice of such court in case there be  no  clerk,
  shall  give  reasonable notice in writing of the date, time and place of
  each such review to each party or his attorney who shall  have  appeared
  of  record in the proceeding resulting in the issuance of the warrant of
  commitment, at their last known address.