772 - Punishment upon return of application.

§  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  thereupon  must  be  to  the  same  effect  as  the  final order therein  prescribed.    Except as hereinafter provided, the offender may be committed  upon  a  certified  copy of the order so made, without further process. Where the  commitment is ordered to punish an offense committed with respect to  an  enforcement procedure under the civil practice law and rules or pursuant  to section two hundred forty-five of the domestic relations law, and the  defendant has not appeared upon the return of the application, the final  order  directing punishment and commitment of the offender shall include  a provision granting him leave to purge himself of the  contempt  within  ten  days  after personal service of the order by performance of the act  or duty the omission of which constitutes the misconduct for which he is  to be punished, and the act or duty to be performed shall  be  specified  in the order. Upon a certified copy of the order, together with proof by  affidavit  that  more  than ten days have elapsed since personal service  thereof upon the offender, and that the act or duty  specified  has  not  been performed, the court may issue without notice a warrant directed to  the  sheriff  or  other enforcement officer of any jurisdiction in which  the offender may be found. The warrant shall  command  such  officer  to  arrest the offender forthwith and bring him before the court, or a judge  thereof, to be committed or for such further disposition as the court in  its discretion shall direct.