N.Y. Judiciary Law § 770: Final order directing punishment; exception

§ 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.