Section 770. Final order directing punishment; exception

Upon the return of
  an  application  to  punish  for contempt, or upon a hearing held upon a
  warrant  of  commitment  issued  pursuant  to  section   seven   hundred
  seventy-two  or  seven  hundred seventy-three of this article, the court
  shall inform the offender that he or she has the right to the assistance
  of counsel, and when it appears that the offender is financially  unable
  to  obtain  counsel,  the  court may in its discretion assign counsel to
  represent him or her. If it is determined that the accused has committed
  the offense charged; and that it was calculated  to,  or  actually  did,
  defeat,  impair,  impede, or prejudice the rights or remedies of a party
  to an action or special proceeding, brought in the court, or before  the
  judge  or  referee; the court, judge, or referee must make a final order
  directing that he or she be punished by fine or imprisonment,  or  both,
  as  the  nature of the case requires. A warrant of commitment must issue
  accordingly, except as hereinafter provided.  Where  an  application  is
  made  under  this  article  and  in  pursuance  of  section  two hundred
  forty-five of the domestic relations law or any other section of law for
  a  final  order  directing  punishment  for  failure  to  pay   alimony,
  maintenance  or  counsel fees pursuant to an order of the court or judge
  in an action for divorce or separation and the defaulting spouse appears
  and satisfies the court or a judge before whom the  application  may  be
  pending that he or she has no means or property or income to comply with
  the terms of the order at the time, the court or judge may in its or his
  discretion deny the application to punish the defaulting spouse, without
  prejudice  to  the applicant's rights and without prejudice to a renewal
  of the application upon  notice  and  after  proof  that  the  financial
  condition of the defaulting spouse is changed.
    Where  an  application  is  made  to punish an offender for an offense
  committed with respect to  an  enforcement  procedure  under  the  civil
  practice  law  and  rules, if the offender appear and comply and satisfy
  the court or a judge before whom the application shall be  pending  that
  he  has at the time no means or property or income which could be levied
  upon pursuant to an execution issued in such an  enforcement  procedure,
  the  court  or  judge  shall deny the application to punish the offender
  without prejudice to the applicant's rights and without prejudice  to  a
  renewal  of  the  application  upon  notice  and  after  proof  that the
  financial condition of the offender has changed.