New York Laws
Article 19 - Contempts
751 - Punishment for Criminal Contempts.

(b) In the event membership dues and sums equivalent to dues are
collected by the public employer as provided respectively in paragraph
(b) of subdivision one and subdivision three of section two hundred
eight of the civil service law, the books and records of such public
employer shall be prima facie evidence of the amount so collected.
(c) (i) An employee organization appealing an adjudication and fine
for criminal contempt imposed pursuant to subdivision two of this
section, shall not be required to pay such fine until such appeal is
finally determined.
(ii) The court to which such an appeal is taken shall, on motion of
any party thereto, grant a preference in the hearing thereof.
3. (a) Where a union or hospital wilfully disobeys a lawful mandate of
a court of record, or wilfully offers resistance to such lawful mandate,
in a case involving or growing out of a violation of section seven
hundred thirteen of the labor law, the punishment for each day that such
contempt persists may be by a fine fixed in the discretion of the court.
In fixing the amount of such fine, the court shall consider all the
facts and circumstances directly related to the contempt, including, but
not limited to: (i) the extent of the wilful defiance of, or resistance
to, the court's mandate (ii) the impact of the strike or lockout on the
public health, safety and welfare of the community and (iii) the ability
of the union or hospital to pay the fine imposed; and the court may
consider (i) the refusal of the union or hospital, or the
representatives thereof, to submit to or comply with, the fact-finding
and arbitration procedures provided in section seven hundred sixteen of
the labor law. In determining the ability of the union or hospital to
pay the fine imposed, the court shall consider both the income and the
assets of such union or hospital.
(b) A union or hospital appealing an adjudication and fine for
criminal contempt imposed pursuant to this subdivision, shall not be
required to pay such fine until such appeal is finally determined. The
court to which such an appeal is taken shall, on motion of any party
thereto, grant a preference in the hearing thereof.
(c) As used in this subdivision, "union" shall mean any labor
organization or company union as defined in section seven hundred one of
the labor law, and "hospital" shall mean any non-profit-making hospital
or residential care center as defined in that section.
4. Where any person wilfully disobeys a lawful mandate of the supreme
court issued pursuant to subdivision twelve of section sixty-three of
the executive law, the punishment for each day that such contempt
persists may be by a fine fixed in the discretion of the court, but not
to exceed five thousand dollars per day. In fixing the amount of the
fine, the court shall consider all the facts and circumstances directly
related to the contempt, including, but not limited to: (i) the extent
of the wilful defiance of or resistance to the court's mandate, (ii) the
amount of gain obtained by the wilful disobedience of the mandate, and
(iii) the effect upon the public of the wilful disobedience.
5. Where any member of the news media as defined in subdivision two of
section two hundred eighteen of this chapter, willfully disobeys a
lawful mandate of a court issued pursuant to such section, the
punishment for each day that such contempt persists may be by a fine
fixed in the discretion of the court, but not to exceed five thousand
dollars per day or imprisonment, not exceeding thirty days, in the jail
of the county where the court is sitting or both, in the discretion of
the court. In fixing the amount of the fine, the court shall consider
all the facts and circumstances directly related to the contempt,

including, but not limited to: (i) the extent of the willful defiance of
or resistance to the court's mandate, (ii) the amount of gain obtained
by the willful disobedience of the mandate, and (iii) the effect upon
the public and the parties to the proceeding of the willful
disobedience.