Section 606. Enforcement of decree or order by punishment for contempt; when 1  


Latest version.
  • 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.