§ 756. Application to punish for contempt; procedure. An application\nto punish for a contempt punishable civilly may be commenced by notice\nof motion returnable before the court or judge authorized to punish for\nthe offense, or by an order of such court or judge requiring the accused\nto show cause before it, or him, at a time and place therein specified,\nwhy the accused should not be punished for the alleged offense. The\napplication shall be noticed, heard and determined in accordance with\nthe procedure for a motion on notice in an action in such court,\nprovided, however, that, except as provided in section fifty-two hundred\nfifty of the civil practice law and rules or unless otherwise ordered by\nthe court, the moving papers shall be served no less than ten and no\nmore than thirty days before the time at which the application is\nnoticed to be heard. The application shall contain on its face a notice\nthat the purpose of the hearing is to punish the accused for a contempt\nof court, and that such punishment may consist of fine or imprisonment,\nor both, according to law together with the following legend printed or\ntype written in a size equal to at least eight point bold type:\n WARNING:\n YOUR FAILURE TO APPEAR\n IN COURT MAY RESULT IN\n YOUR IMMEDIATE ARREST\n AND IMPRISONMENT FOR\n CONTEMPT OF COURT.\n
‹ Prev All New York sections Next ›
Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.