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N.Y. Judiciary Law § 7-B Continuance of out of court proceedings before judges of same court
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§ 7-b. Continuance of out of court proceedings before judges of same court. At any stage of a special proceeding instituted before a judge of a court of record out of court, or a proceeding commenced before a judge out of court in an action or special proceeding pending in a cou…
N.Y. Judiciary Law § 7-C Continuance of special proceeding before another officer
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§ 7-c. Continuance of special proceeding before another officer. In case of the death, sickness, resignation, removal from office, absence from the county, or other disability of an officer before whom or in whose court a special proceeding has been instituted, where no express …
N.Y. Judiciary Law § 70 Judicial departments
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§ 70. Judicial departments. The state is hereby divided into four judicial departments. The first department shall consist of the counties embraced within the first and twelfth judicial districts; the second department shall consist of the counties embraced within the second, ni…
N.Y. Judiciary Law § 71 Designations by governor of justices of appellate division
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§ 71. Designations by governor of justices of appellate division. From all the justices elected to the supreme court the governor shall designate those who shall constitute the appellate division in each department, and he shall designate the presiding justice thereof, who shall…
N.Y. Judiciary Law § 72 Revocation of designation of justice of appellate division
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§ 72. Revocation of designation of justice of appellate division. Upon the written request of a justice designated for the appellate division, the governor may revoke his designation by an order to be filed in the office of court administration. Where such designation is revoked…
N.Y. Judiciary Law § 75 Location of appellate court in each department
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§ 75. Location of appellate court in each department. The appellate court shall be located, respectively, in the first department, in the county of New York; in the second department, in the borough of Brooklyn; in the third department, in the city of Albany; and in the fourth d…
N.Y. Judiciary Law § 750 Power of courts to punish for criminal contempts
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§ 750. Power of courts to punish for criminal contempts. A. A court of record has power to punish for a criminal contempt, a person guilty of any of the following acts, and no others: 1. Disorderly, contemptuous, or insolent behavior, committed during its sitting, in its immedia…
N.Y. Judiciary Law § 751 Punishment for criminal contempts
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§ 751. Punishment for criminal contempts. 1. Except as provided in subdivisions (2), (3) and (4), punishment for a contempt, specified in section seven hundred fifty, may be by fine, not exceeding one thousand dollars, or by imprisonment, not exceeding thirty days, in the jail o…
N.Y. Judiciary Law § 752 Requisites of commitment for criminal contempt; review of certain mandates
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§ 752. Requisites of commitment for criminal contempt; review of certain mandates. Where a person is committed for contempt, as prescribed in section seven hundred fifty-one, the particular circumstances of his offense must be set forth in the mandate of commitment. Such mandate…
N.Y. Judiciary Law § 753 Power of courts to punish for civil contempts
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§ 753. Power of courts to punish for civil contempts. A. A court of record has power to punish, by fine and imprisonment, or either, a neglect or violation of duty, or other misconduct, by which a right or remedy of a party to a civil action or special proceeding, pending in the…
N.Y. Judiciary Law § 753-A Contempts in cases involving or growing out of labor disputes
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§ 753-a. Contempts in cases involving or growing out of labor disputes. 1. Notwithstanding any inconsistent provision of law, where the alleged contempt is punishable under section seven hundred fifty and/or section seven hundred fifty-three and arises out of any failure or refu…
N.Y. Judiciary Law § 754 Special proceeding to punish for contempt punishable civilly
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§ 754. Special proceeding to punish for contempt punishable civilly. Sections seven hundred and fifty, seven hundred and fifty-one, and seven hundred and fifty-two, do not extend to a special proceeding to punish a person in a case specified in section seven hundred and fifty-th…
N.Y. Judiciary Law § 755 When punishment may be summary
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§ 755. When punishment may be summary. Where the offense is committed in the immediate view and presence of the court, or of the judge or referee, upon a trial or hearing, it may be punished summarily. For that purpose, an order must be made by the court, judge, or referee, stat…
N.Y. Judiciary Law § 756 Application to punish for contempt; procedure
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§ 756. Application to punish for contempt; procedure. An application to punish for a contempt punishable civilly may be commenced by notice of motion returnable before the court or judge authorized to punish for the offense, or by an order of such court or judge requiring the ac…
N.Y. Judiciary Law § 757 Application to punish for contempt committed before referee
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§ 757. Application to punish for contempt committed before referee. Where the offense is committed upon the trial of an issue referred to a referee appointed by the court, or consists of a witness's non-attendance, or refusal to be sworn or testify, before him, the application p…
N.Y. Judiciary Law § 758 Notice to delinquent officer to show cause
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§ 758. Notice to delinquent officer to show cause. Where it is prescribed by law, or by the rules of civil practice, that a notice may be served in behalf of a party, upon a sheriff or other person, requiring him to return a mandate, delivered to him, or to show cause, at a term…
N.Y. Judiciary Law § 76 Appellate division may compel sheriff to attend to room in which court is held
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§ 76. Appellate division may compel sheriff to attend to room in which court is held. The appellate division of the supreme court may enforce the performance of the duty by the sheriff of causing the room in which a term of the appellate division is held, to be properly heated, …
N.Y. Judiciary Law § 760 When application may be made
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§ 760. When application may be made. An application may be made, either before or after the final judgment in the action, or the final order in the special proceeding.
N.Y. Judiciary Law § 761 Notice to accused; service
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§ 761. Notice to accused; service. An application to punish for contempt in a civil contempt proceeding shall be served upon the accused, unless service upon the attorney for the accused be ordered by the court or judge.
N.Y. Judiciary Law § 767 When habeas corpus may issue
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§ 767. When habeas corpus may issue. If the accused is in the custody of a sheriff, or other officer, by virtue of an execution against his person, or by virtue of a mandate for any other contempt or misconduct, or a commitment on a criminal charge the court, upon proof of the f…
N.Y. Judiciary Law § 77 Courthouse of appellate division in first department
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§ 77. Courthouse of appellate division in first department. The building erected under chapter one hundred ninety-six of the laws of eighteen hundred ninety-seven is hereby constituted the courthouse of the appellate division of the supreme court in the first department, and sha…
N.Y. Judiciary Law § 770 Final order directing punishment; exception
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§ 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 …
N.Y. Judiciary Law § 771 Punishment upon return of habeas corpus
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§ 771. Punishment upon return of habeas corpus. Where the accused is brought up by virtue of a writ of habeas corpus, he must, after the final order is made, be remanded to the custody of the sheriff, or other officer, to whom the writ was directed. If the final order directs th…
N.Y. Judiciary Law § 772 Punishment upon return of application
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§ 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 th…
N.Y. Judiciary Law § 773 Amount of fine
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§ 773. Amount of fine. If an actual loss or injury has been caused to a party to an action or special proceeding, by reason of the misconduct proved against the offender, and the case is not one where it is specially prescribed by law, that an action may be maintained to recover…
N.Y. Judiciary Law § 774 Length of imprisonment and periodic review of proceedings
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§ 774. Length of imprisonment and periodic review of proceedings. 1. Where the misconduct proved consists of an omission to perform an act or duty, which is yet in the power of the offender to perform, he shall be imprisoned only until he has performed it, and paid the fine impo…
N.Y. Judiciary Law § 775 When court may release offender
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§ 775. When court may release offender. Where an offender, imprisoned as prescribed in this article, is unable to endure the imprisonment, or to pay the sum, or perform the act or duty, required to be paid or performed, in order to entitle him to be released, the court, judge, o…
N.Y. Judiciary Law § 776 Offender liable to indictment
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§ 776. Offender liable to indictment. A person, punished as prescribed in this article, may, notwithstanding, be indicted for the same misconduct, if it is an indictable offense; but the court, before which he is convicted, must, in forming its sentence, take into consideration …
N.Y. Judiciary Law § 777 Proceedings when accused does not appear
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§ 777. Proceedings when accused does not appear. Where a person has given an undertaking for his appearance, as prescribed in this article and fails to appear, on the return day of the application, the court may either issue a warrant of commitment, or make an order, directing t…
N.Y. Judiciary Law § 778 Prosecution of undertaking by person aggrieved
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§ 778. Prosecution of undertaking by person aggrieved. The order directing the undertaking to be prosecuted, may, in the discretion of the court, direct the prosecution thereof, by and in the name of any party aggrieved by the misconduct of the accused. In such a case, the plain…
N.Y. Judiciary Law § 779 Prosecution of undertaking by attorney-general or district attorney
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§ 779. Prosecution of undertaking by attorney-general or district attorney. If no party is aggrieved by the misconduct of the accused, the order must, and, in any case where the court thinks proper so to direct, it may, direct the prosecution of the undertaking, by the attorney-…
N.Y. Judiciary Law § 78 Justices of appellate division in first department may make rules for management of law libraries and court-houses of appellate division ...
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§ 78. Justices of appellate division in first department may make rules for management of law libraries and court-houses of appellate division and supreme court. The justices of the appellate division in the first department shall from time to time make such rules as they may de…
N.Y. Judiciary Law § 780 Sheriff liable for taking insufficient sureties
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§ 780. Sheriff liable for taking insufficient sureties. After the return of an execution, issued upon a judgment, rendered in an action upon the undertaking, an action, to recover the amount of the judgment, may be maintained against the sheriff, where it appears that, at the ti…
N.Y. Judiciary Law § 781 Punishment of misconduct at trial term
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§ 781. Punishment of misconduct at trial term. Where a misconduct, which is punishable by fine or imprisonment, as prescribed in this article, occurs at a trial term, or with respect to a mandate returnable at such term, and was not punished at the term at which it occurred, the…
N.Y. Judiciary Law § 79 Appointment of terms of appellate division in each department
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§ 79. Appointment of terms of appellate division in each department. The terms of the appellate divisions of the supreme court are to be appointed by the appellate division in each department, and are to be held at such times and places and shall continue as long as the appellat…
N.Y. Judiciary Law § 790 Clerk to make schedule of fines imposed
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§ 790. Clerk to make schedule of fines imposed. Where a fine has been imposed by a court of record, upon a grand or trial juror, or upon any officer or other person, without being accompanied with an order for the immediate commitment of the person so fined, until the fine is pa…
N.Y. Judiciary Law § 791 Issue and contents of warrant
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§ 791. Issue and contents of warrant. The clerk must immediately issue a warrant, under the seal of the court, directed to the sheriff of the county, and commanding him to collect from each of the persons named in the schedule annexed to the warrant, the sum therein set opposite…
N.Y. Judiciary Law § 792 Execution of warrant
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§ 792. Execution of warrant. The sheriff to whom a warrant is issued, must collect each fine out of the personal property of the person fined, as prescribed by law or the rules of civil practice for the collection, by levy upon and sale of personal property, of an execution issu…
N.Y. Judiciary Law § 793 Return of warrant
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§ 793. Return of warrant. The sheriff must return the warrant, with his proceeding thereupon, at the term of the court; or, where the fine was imposed, in any county except New York, by the supreme court, or the county court at the term of the county court; held next after the e…
N.Y. Judiciary Law § 794 Proceedings if fine not collected
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§ 794. Proceedings if fine not collected. Where it appears, by the return, that a fine remains uncollected, and it does not appear that the sheriff has the delinquent in custody, the district attorney must, if he has good reason to believe that the sheriff might, with due dilige…
N.Y. Judiciary Law § 795 Liability of sheriff for omission of duty
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§ 795. Liability of sheriff for omission of duty. An action may be maintained, in behalf of the people, against a sheriff, to whom a warrant is directed and delivered, as prescribed in this article, to recover damages for any omission of duty with respect to the same, in a case …
N.Y. Judiciary Law § 796 Application of article
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§ 796. Application of article. This article does not apply to a case, where special provision for the collection of a fine is otherwise made by law.
N.Y. Judiciary Law § 798 Remitting fines and penalties and discharging recognizances
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§ 798. Remitting fines and penalties and discharging recognizances. Upon the application of a person, who has been fined by a court, or of a person whose recognizance has become forfeited, or of his surety or of a person who has posted cash bail, or bail by credit card or simila…
N.Y. Judiciary Law § 799 Restrictions upon power to remit
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§ 799. Restrictions upon power to remit. Section seven hundred and ninety-eight does not authorize a county court to remit any part of a fine exceeding two hundred and fifty dollars imposed by the supreme court upon conviction for a criminal offense; or a fine to any amount impo…
N.Y. Judiciary Law § 799-A Notice of application for remission and discharge and costs on remission
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§ 799-a. Notice of application for remission and discharge and costs on remission. An application for an order, as prescribed in section seven hundred and ninety-eight, cannot be heard, until such notice thereof as the court deems reasonable, has been given to the district-attor…
N.Y. Judiciary Law § 8 Emergency relocations of court terms
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§ 8. Emergency relocations of court terms. 1. Notwithstanding any other provision of law, if an emergency or other exigent circumstance or the imminent threat thereof prevents the safe and practicable holding of a term of any court at the location designated by law therefor, the…
N.Y. Judiciary Law § 80 Time for appointment of terms of appellate division in the first department
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§ 80. Time for appointment of terms of appellate division in the first department. The justices of the appellate division in the first department shall fix a time and place for holding the terms of the appellate division in the first department on or before the first day of Dece…
N.Y. Judiciary Law § 81 Associate justice of appellate division to preside in absence of presiding justice
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§ 81. Associate justice of appellate division to preside in absence of presiding justice. If the presiding justice is not present at the sitting of the appellate division, the associate justice presiding in the department having served the longest time as such, or, if two are pr…
N.Y. Judiciary Law § 810 Chief judge's library
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§ 810. Chief judge's library. The consultation library of the court of appeals is continued. This library shall be under the exclusive supervision of that court and the chief judge may add thereto from any funds available.
N.Y. Judiciary Law § 811 Court of appeals judges' law libraries
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§ 811. Court of appeals judges' law libraries. The law libraries of the judges of the court of appeals are continued. Each judge has sole custody and control of the library assigned to him or to her and on expiration of the judge's term of office he or she shall deliver it to hi…