§ 751. Punishment for criminal contempts. 1. Except as provided in\nsubdivisions (2), (3) and (4), punishment for a contempt, specified in\nsection seven hundred fifty, may be by fine, not exceeding one thousand\ndollars, or by imprisonment, not exceeding thirty days, in the jail of\nthe county where the court is sitting, or both, in the discretion of the\ncourt. Where the punishment for contempt is based on a violation of an\norder of protection issued under section 530.12 or 530.13 of the\ncriminal procedure law, imprisonment may be for a term not exceeding\nthree months. Where a person is committed to jail, for the nonpayment of\na fine, imposed under this section, he must be discharged at the\nexpiration of thirty days; but where he is also committed for a definite\ntime, the thirty days must be computed from the expiration of the\ndefinite time.\n Such a contempt, committed in the immediate view and presence of the\ncourt, may be punished summarily; when not so committed, the party\ncharged must be notified of the accusation, and have a reasonable time\nto make a defense.\n 2. (a) Where an employee organization, as defined in section two\nhundred one of the civil service law, wilfully disobeys a lawful mandate\nof a court of record, or wilfully offers resistance to such lawful\nmandate, in a case involving or growing out of a strike in violation of\nsubdivision one of section two hundred ten of the civil service law, the\npunishment for each day that such contempt persists may be by a fine\nfixed in the discretion of the court. In the case of a government exempt\nfrom certain provisions of article fourteen of the civil service law,\npursuant to section two hundred twelve of such law, the court may, as an\nadditional punishment for such contempt, order forfeiture of the rights\ngranted pursuant to the provisions of paragraph (b) of subdivision one,\nand subdivision three of section two hundred eight of such law, for such\nspecified period of time, as the court shall determine or, in the\ndiscretion of the court, for an indefinite period of time subject to\nrestoration upon application, with notice to all interested parties,\nsupported by proof of good faith compliance with the requirements of\nsubdivision one of section two hundred ten of the civil service law\nsince the date of such violation, such proof to include, for example,\nthe successful negotiation, without a violation of subdivision one of\nsection two hundred ten of the civil service law, of a contract covering\nthe employees in the unit affected by such violation; provided, however,\nthat where a fine imposed pursuant to this subdivision remains wholly or\npartly unpaid, after the exhaustion of the cash and securities of the\nemployee organization, such forfeiture shall be suspended to the extent\nnecessary for the unpaid portion of such fine to be accumulated by the\npublic employer and transmitted to the court. In fixing the amount of\nthe fine and/or duration of the forfeiture, the court shall consider all\nthe facts and circumstances directly related to the contempt, including,\nbut not limited to: (i) the extent of the wilful defiance of or a\nresistance to the court's mandate (ii) the impact of the strike on the\npublic health, safety, and welfare of the community and (iii) the\nability of the employee organization to pay the fine imposed; and the\ncourt may consider (i) the refusal of the employee organization or the\nappropriate public employer, as defined in section two hundred one of\nthe civil service law, or the representatives thereof, to submit to the\nmediation and fact-finding procedures provided in section two hundred\nnine of the civil service law and (ii) whether, if so alleged by the\nemployee organization, the appropriate public employer or its\nrepresentatives engaged in such acts of extreme provocation as to\ndetract from the responsibility of the employee organization for the\nstrike. In determining the ability of the employee organiza
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