Legislation

Search OpenLegislation Statutes
This entry was published on 2014-09-22
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
SECTION 607
Enforcement of decree or order by punishment for contempt; manner A person interested in the compliance with a decree or order, directing...
Surrogate's Court Procedure Act (SCP) CHAPTER 59-A, ARTICLE 6
§ 607. Enforcement of decree or order by punishment for contempt; manner

A person interested in the compliance with a decree or order,
directing the payment of a sum of money or the performance of any act,
may present to the court a petition showing:

1. One of the grounds prescribed in the preceding section,

2. That a certified copy of the decree or order sought to be enforced
has been personally served upon the person against whom it was entered,
which service shall be equivalent to a personal demand upon the
respondent for the payment of the sum directed to be paid, or the
performance of the act directed by the decree or order to be performed,

3. That the respondent has refused or wilfully neglected to obey such
order or decree, and

4. Praying that the respondent be directed to show cause why he should
not be punished for contempt.

The court may direct that a warrant of commitment issue against the
respondent, pursuant to section 757 of the judiciary law, or that the
respondent show cause why he should not be punished for contempt. The
order to show cause may be served upon the respondent personally or upon
his attorney.

Upon the return thereof, if the court is satisfied that the respondent
has refused or wilfully neglected to obey the decree or order, it may
direct that a warrant of commitment issue against the respondent
pursuant to section 757 of the judiciary law or punish the respondent
under the provisions of the judiciary law.