Section 772. Punishment upon return of application  


Latest version.
  • 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.