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This entry was published on 2014-09-22
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SECTION 772
Punishment upon return of application
Judiciary (JUD) CHAPTER 30, ARTICLE 19
§ 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.