§ 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 inform the offender that he or she has the right to the assistance
of counsel, and when it appears that the offender is financially unable
to obtain counsel, the court may in its discretion assign counsel to
represent him or her. If it is determined that the accused has committed
the offense charged; and that it was calculated to, or actually did,
defeat, impair, impede, or prejudice the rights or remedies of a party
to an action or special proceeding, brought in the court, or before the
judge or referee; the court, judge, or referee must make a final order
directing that he or she be punished by fine or imprisonment, or both,
as the nature of the case requires. A warrant of commitment must issue
accordingly, except as hereinafter provided. Where an application is
made under this article and in pursuance of section two hundred
forty-five of the domestic relations law or any other section of law for
a final order directing punishment for failure to pay alimony,
maintenance or counsel fees pursuant to an order of the court or judge
in an action for divorce or separation and the defaulting spouse appears
and satisfies the court or a judge before whom the application may be
pending that he or she has no means or property or income to comply with
the terms of the order at the time, the court or judge may in its or his
discretion deny the application to punish the defaulting spouse, without
prejudice to the applicant's rights and without prejudice to a renewal
of the application upon notice and after proof that the financial
condition of the defaulting spouse is changed.

Where an application is made to punish an offender for an offense
committed with respect to an enforcement procedure under the civil
practice law and rules, if the offender appear and comply and satisfy
the court or a judge before whom the application shall be pending that
he has at the time no means or property or income which could be levied
upon pursuant to an execution issued in such an enforcement procedure,
the court or judge shall deny the application to punish the offender
without prejudice to the applicant's rights and without prejudice to a
renewal of the application upon notice and after proof that the
financial condition of the offender has changed.