New York Laws
Article 19 - Contempts
758 - Notice to Delinquent Officer to Show Cause.

§ 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 of a court, why he should not be punished, or why an
attachment should not be issued against him, for a contempt of the
court; the party, in whose behalf the notice is served, may, at the time
specified therein, file with the clerk, proof, by affidavit or other
written evidence, of the delivery of the mandate to the accused; of the
default or other act, upon the occurrence of which, he was entitled to
serve the notice; of the service of the notice; and of the failure to
comply therewith. Thereupon the proceedings are the same, as where an
order to show cause is made, and it, and a copy of the affidavits upon
which it is granted, are served upon the accused.

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