Title JUD, Judiciary

§ 7-b. Continuance of out of court proceedings before judges of same\ncourt. At any stage of a special proceeding instituted before a judge of\na court of record out of court, or a proceeding commenced before a judge\nout of court in an action or special proceeding pending in a …

§ 7-c. Continuance of special proceeding before another officer. In\ncase of the death, sickness, resignation, removal from office, absence\nfrom the county, or other disability of an officer before whom or in\nwhose court a special proceeding has been instituted, where no expre…

§ 70. Judicial departments. The state is hereby divided into four\njudicial departments. The first department shall consist of the counties\nembraced within the first and twelfth judicial districts; the second\ndepartment shall consist of the counties embraced within the second,…

§ 71. Designations by governor of justices of appellate division. From\nall the justices elected to the supreme court the governor shall\ndesignate those who shall constitute the appellate division in each\ndepartment, and he shall designate the presiding justice thereof, who\ns…

§ 72. Revocation of designation of justice of appellate division.\nUpon the written request of a justice designated for the appellate\ndivision, the governor may revoke his designation by an order to be\nfiled in the office of court administration. Where such designation is\nrev…

§ 75. Location of appellate court in each department. The appellate\ncourt shall be located, respectively, in the first department, in the\ncounty of New York; in the second department, in the borough of\nBrooklyn; in the third department, in the city of Albany; and in the\nfour…

§ 750. Power of courts to punish for criminal contempts.\n A. A court of record has power to punish for a criminal contempt, a\nperson guilty of any of the following acts, and no others:\n 1. Disorderly, contemptuous, or insolent behavior, committed during\nits sitting, in its i…

§ 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 jai…

§ 752. Requisites of commitment for criminal contempt; review of\ncertain mandates. Where a person is committed for contempt, as\nprescribed in section seven hundred fifty-one, the particular\ncircumstances of his offense must be set forth in the mandate of\ncommitment. Such man…

§ 753. Power of courts to punish for civil contempts.\n A. A court of record has power to punish, by fine and imprisonment, or\neither, a neglect or violation of duty, or other misconduct, by which a\nright or remedy of a party to a civil action or special proceeding,\npending i…

§ 753-a. Contempts in cases involving or growing out of labor\ndisputes. 1. Notwithstanding any inconsistent provision of law, where\nthe alleged contempt is punishable under section seven hundred fifty\nand/or section seven hundred fifty-three and arises out of any failure\nor …

§ 754. Special proceeding to punish for contempt punishable civilly.\nSections seven hundred and fifty, seven hundred and fifty-one, and seven\nhundred and fifty-two, do not extend to a special proceeding to punish a\nperson in a case specified in section seven hundred and fifty…

§ 755. When punishment may be summary. Where the offense is committed\nin the immediate view and presence of the court, or of the judge or\nreferee, upon a trial or hearing, it may be punished summarily. For that\npurpose, an order must be made by the court, judge, or referee, s…

§ 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…

§ 757. Application to punish for contempt committed before referee.\nWhere the offense is committed upon the trial of an issue referred to a\nreferee appointed by the court, or consists of a witness's\nnon-attendance, or refusal to be sworn or testify, before him, the\napplicati…

§ 758. Notice to delinquent officer to show cause. Where it is\nprescribed by law, or by the rules of civil practice, that a notice may\nbe served in behalf of a party, upon a sheriff or other person,\nrequiring him to return a mandate, delivered to him, or to show cause,\nat a …

§ 76. Appellate division may compel sheriff to attend to room in which\ncourt is held. The appellate division of the supreme court may enforce\nthe performance of the duty by the sheriff of causing the room in which\na term of the appellate division is held, to be properly heate…

§ 760. When application may be made. An application may be made,\neither before or after the final judgment in the action, or the final\norder in the special proceeding.\n

§ 761. Notice to accused; service. An application to punish for\ncontempt in a civil contempt proceeding shall be served upon the\naccused, unless service upon the attorney for the accused be ordered by\nthe court or judge.\n

§ 767. When habeas corpus may issue. If the accused is in the custody\nof a sheriff, or other officer, by virtue of an execution against his\nperson, or by virtue of a mandate for any other contempt or misconduct,\nor a commitment on a criminal charge the court, upon proof of th…

§ 77. Courthouse of appellate division in first department. The\nbuilding erected under chapter one hundred ninety-six of the laws of\neighteen hundred ninety-seven is hereby constituted the courthouse of\nthe appellate division of the supreme court in the first department, and\…

§ 770. Final order directing punishment; exception. Upon the return of\nan application to punish for contempt, or upon a hearing held upon a\nwarrant of commitment issued pursuant to section seven hundred\nseventy-two or seven hundred seventy-three of this article, the court\nsh…

§ 771. Punishment upon return of habeas corpus. Where the accused is\nbrought up by virtue of a writ of habeas corpus, he must, after the\nfinal order is made, be remanded to the custody of the sheriff, or other\nofficer, to whom the writ was directed. If the final order directs…

§ 772. Punishment upon return of application. Upon the return of an\napplication to punish for contempt, the questions which arise must be\ndetermined, as upon any other motion; and, if the determination is to\nthe effect specified in section seven hundred and seventy, the order…

§ 773. Amount of fine. If an actual loss or injury has been caused to\na party to an action or special proceeding, by reason of the misconduct\nproved against the offender, and the case is not one where it is\nspecially prescribed by law, that an action may be maintained to reco…

§ 774. Length of imprisonment and periodic review of proceedings. 1.\nWhere the misconduct proved consists of an omission to perform an act or\nduty, which is yet in the power of the offender to perform, he shall be\nimprisoned only until he has performed it, and paid the fine i…

§ 775. When court may release offender. Where an offender, imprisoned\nas prescribed in this article, is unable to endure the imprisonment, or\nto pay the sum, or perform the act or duty, required to be paid or\nperformed, in order to entitle him to be released, the court, judge…

§ 776. Offender liable to indictment. A person, punished as prescribed\nin this article, may, notwithstanding, be indicted for the same\nmisconduct, if it is an indictable offense; but the court, before which\nhe is convicted, must, in forming its sentence, take into considerati…

§ 777. Proceedings when accused does not appear. Where a person has\ngiven an undertaking for his appearance, as prescribed in this article\nand fails to appear, on the return day of the application, the court may\neither issue a warrant of commitment, or make an order, directin…

§ 778. Prosecution of undertaking by person aggrieved. The order\ndirecting the undertaking to be prosecuted, may, in the discretion of\nthe court, direct the prosecution thereof, by and in the name of any\nparty aggrieved by the misconduct of the accused. In such a case, the\np…

§ 779. Prosecution of undertaking by attorney-general or district\nattorney. If no party is aggrieved by the misconduct of the accused, the\norder must, and, in any case where the court thinks proper so to direct,\nit may, direct the prosecution of the undertaking, by the\nattor…

§ 78. Justices of appellate division in first department may make\nrules for management of law libraries and court-houses of appellate\ndivision and supreme court. The justices of the appellate division in\nthe first department shall from time to time make such rules as they may…

§ 780. Sheriff liable for taking insufficient sureties. After the\nreturn of an execution, issued upon a judgment, rendered in an action\nupon the undertaking, an action, to recover the amount of the judgment,\nmay be maintained against the sheriff, where it appears that, at the…

§ 781. Punishment of misconduct at trial term. Where a misconduct,\nwhich is punishable by fine or imprisonment, as prescribed in this\narticle, occurs at a trial term, or with respect to a mandate returnable\nat such term, and was not punished at the term at which it occurred, …

§ 79. Appointment of terms of appellate division in each department.\nThe terms of the appellate divisions of the supreme court are to be\nappointed by the appellate division in each department, and are to be\nheld at such times and places and shall continue as long as the\nappe…

§ 790. Clerk to make schedule of fines imposed. Where a fine has been\nimposed by a court of record, upon a grand or trial juror, or upon any\nofficer or other person, without being accompanied with an order for the\nimmediate commitment of the person so fined, until the fine is…

§ 791. Issue and contents of warrant. The clerk must immediately issue\na warrant, under the seal of the court, directed to the sheriff of the\ncounty, and commanding him to collect from each of the persons named in\nthe schedule annexed to the warrant, the sum therein set oppos…

§ 792. Execution of warrant. The sheriff to whom a warrant is issued,\nmust collect each fine out of the personal property of the person fined,\nas prescribed by law or the rules of civil practice for the collection,\nby levy upon and sale of personal property, of an execution i…

§ 793. Return of warrant. The sheriff must return the warrant, with\nhis proceeding thereupon, at the term of the court; or, where the fine\nwas imposed, in any county except New York, by the supreme court, or the\ncounty court at the term of the county court; held next after th…

§ 794. Proceedings if fine not collected. Where it appears, by the\nreturn, that a fine remains uncollected, and it does not appear that the\nsheriff has the delinquent in custody, the district attorney must, if he\nhas good reason to believe that the sheriff might, with due dil…

§ 795. Liability of sheriff for omission of duty. An action may be\nmaintained, in behalf of the people, against a sheriff, to whom a\nwarrant is directed and delivered, as prescribed in this article, to\nrecover damages for any omission of duty with respect to the same, in a\nc…

§ 796. Application of article. This article does not apply to a case,\nwhere special provision for the collection of a fine is otherwise made\nby law.\n

§ 798. Remitting fines and penalties and discharging recognizances.\nUpon the application of a person, who has been fined by a court, or of a\nperson whose recognizance has become forfeited, or of his surety or of a\nperson who has posted cash bail, or bail by credit card or sim…

§ 799. Restrictions upon power to remit. Section seven hundred and\nninety-eight does not authorize a county court to remit any part of a\nfine exceeding two hundred and fifty dollars imposed by the supreme\ncourt upon conviction for a criminal offense; or a fine to any amount\n…

§ 799-a. Notice of application for remission and discharge and costs\non remission. An application for an order, as prescribed in section\nseven hundred and ninety-eight, cannot be heard, until such notice\nthereof as the court deems reasonable, has been given to the\ndistrict-a…

§ 8. Emergency relocations of court terms. 1. Notwithstanding any\nother provision of law, if an emergency or other exigent circumstance or\nthe imminent threat thereof prevents the safe and practicable holding of\na term of any court at the location designated by law therefor, …

§ 80. Time for appointment of terms of appellate division in the first\ndepartment. The justices of the appellate division in the first\ndepartment shall fix a time and place for holding the terms of the\nappellate division in the first department on or before the first day of\n…

§ 81. Associate justice of appellate division to preside in absence of\npresiding justice. If the presiding justice is not present at the\nsitting of the appellate division, the associate justice presiding in\nthe department having served the longest time as such, or, if two are…

§ 810. Chief judge's library. The consultation library of the court of\nappeals is continued. This library shall be under the exclusive\nsupervision of that court and the chief judge may add thereto from any\nfunds available.\n

§ 811. Court of appeals judges' law libraries. The law libraries of\nthe judges of the court of appeals are continued. Each judge has sole\ncustody and control of the library assigned to him or to her and on\nexpiration of the judge's term of office he or she shall deliver it to…