N.Y. Judiciary Law § 758: Notice to delinquent officer to show cause

§ 758. Notice to delinquent officer to show cause. Where it is

prescribed by law, or by the rules of civil practice, that a notice may

be served in behalf of a party, upon a sheriff or other person,

requiring him to return a mandate, delivered to him, or to show cause,

at a term of a court, why he should not be punished, or why an

attachment should not be issued against him, for a contempt of the

court; the party, in whose behalf the notice is served, may, at the time

specified therein, file with the clerk, proof, by affidavit or other

written evidence, of the delivery of the mandate to the accused; of the

default or other act, upon the occurrence of which, he was entitled to

serve the notice; of the service of the notice; and of the failure to

comply therewith. Thereupon the proceedings are the same, as where an

order to show cause is made, and it, and a copy of the affidavits upon

which it is granted, are served upon the accused.