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Enforcement of decree or order by punishment for contempt; when 1
Surrogate's Court Procedure Act (SCP) CHAPTER 59-A, ARTICLE 6
§ 606. Enforcement of decree or order by punishment for contempt; when

1. In any of the following cases, a decree or order of the court,
directing the payment of money or requiring the performance of any act,
may be enforced by serving a certified copy thereof upon the party
against whom it is directed, and if he refuses or wilfully negelects to
obey it, by punishing him for a contempt of court:

(a) Where it cannot be enforced by execution.

(b) Where part of it cannot be enforced by execution; in which case
the part or parts which cannot be so enforced may be enforced as
prescribed in this section.

(c) Where an execution as prescribed in the preceding section has
been returned wholly or partly unsatisfied.

(d) Where the delinquent is a fiduciary and the decree relates to the
estate, in which case the court may enforce the decree or order as
prescribed in this section, either with or without requiring the
issuance of an execution, or after the return of an execution, as it
deems proper.

2. For the purpose of enforcement of a decree or order by means of
punishment for contempt of court, the proceeding which terminated in
such decree or order is deemed continued.

3. The court may refuse to punish any person for contempt of court as
authorized in this section, in an instance in which facts are
demonstrated to its satisfaction which would justify a release of such
person from imprisonment, in accordance with the provisions of section
775 of the judiciary law.

4. No proceedings taken to enforce a decree or order of the court,
either by execution, punishment for contempt or otherwise, shall
preclude or affect in any manner an action or proceeding on a bond given
by the person against whom the decree or order was directed.