N.Y. Surr. Ct. Proc. Act § 607

Current through 2024 NY Law Chapter 457

Section 607 - Enforcement of decree or order by punishment for contempt; manner

A person interested in the compliance with a decree or order, directing the payment of a sum of money or the performance of any act, may present to the court a petition showing:

1. One of the grounds prescribed in the preceding section,

2. That a certified copy of the decree or order sought to be enforced has been personally served upon the person against whom it was entered, which service shall be equivalent to a personal demand upon the respondent for the payment of the sum directed to be paid, or the performance of the act directed by the decree or order to be performed,

3. That the respondent has refused or wilfully neglected to obey such order or decree, and

4. Praying that the respondent be directed to show cause why he should not be punished for contempt.

The court may direct that a warrant of commitment issue against the respondent, pursuant to section 757 of the judiciary law, or that the respondent show cause why he should not be punished for contempt. The order to show cause may be served upon the respondent personally or upon his attorney.

Upon the return thereof, if the court is satisfied that the respondent has refused or wilfully neglected to obey the decree or order, it may direct that a warrant of commitment issue against the respondent pursuant to section 757 of the judiciary law or punish the respondent under the provisions of the judiciary law.

N.Y. Surr. Ct. Proc. Act Law § 607