N.Y. Judiciary Law § 772: Punishment upon return of application

§ 772. Punishment upon return of application. 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.