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This entry was published on 2014-09-22
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Amount of fine
Judiciary (JUD) CHAPTER 30, ARTICLE 19
§ 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.