New York Consolidated Laws
N.Y. Judiciary Law § 774 (2026)
Length of imprisonment and periodic review of proceedings
✓ text as retrieved May 2026 (this copy records no edition or section history)
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§ 774. Length of imprisonment and periodic review of proceedings. 1. Where the misconduct proved consists of an omission to perform an act or duty, which is yet in the power of the offender to perform, he shall be imprisoned only until he has performed it, and paid the fine imposed, but if he shall perform the act or duty required to be performed, he shall not be imprisoned for the fine imposed more than three months if the fine is less than five hundred dollars, or more than six months if the fine is five hundred dollars or more. In such case, the order, and the warrant of commitment, if one is issued, must specify the act or duty to be performed, and the sum to be paid. In every other case, where special provision is not otherwise made by law, the offender may be imprisoned for a reasonable time, not exceeding six months, and until the fine, if any, is paid; and the order, and the warrant of commitment, if any, must specify the amount of the fine, and the duration of the imprisonment. If the term of imprisonment is not specified in the order, the offender shall be imprisoned for the fine imposed three months if the fine is less than five hundred dollars, and six months if the fine imposed is five hundred dollars or more. If the offender is required to serve a specified term of imprisonment, and in addition to pay a fine, he shall not be imprisoned for the nonpayment of such fine for more than three months if such fine is less than five hundred dollars or more than six months if the fine imposed is five hundred dollars or more in addition to the specified time of imprisonment. 2. In all instances where any offender shall have been imprisoned pursuant to article nineteen of the judiciary law and where the term of such imprisonment is specified to be an indeterminate period of time or for a term of more than three months, such offender, if not then discharged by law from imprisonment, shall within ninety days after the commencement of such imprisonment be brought, by the sheriff, or other officer, as a matter of course personally before the court imposing such imprisonment and a review of the proceedings shall then be held to determine whether such offender shall be discharged from imprisonment. At periodic intervals of not more than ninety days following such review, the offender, if not then discharged by law from imprisonment, shall be brought, by the sheriff, or other officer, as a matter of course personally before the court imposing such imprisonment and further reviews of the proceedings shall then be held to determine whether such offender shall be discharged from imprisonment. Where such imprisonment shall have arisen out of or during the course of any action or proceeding, the clerk of the court before which such review of the proceedings shall be held, or the judge or justice of such court in case there be no clerk, shall give reasonable notice in writing of the date, time and place of each such review to each party or his attorney who shall have appeared of record in such action or proceeding, at their last known address.
Notes of Decisions
Cited in 32
cases (1 in the last 5 years), 1985–2021 · leading case: People ex rel. Kuby v. Warden, 305 A.D.2d 339 (N.Y. App. Div. 2d Dep't 2003).
People ex rel. Kuby v. Warden, 305 A.D.2d 339 (N.Y. App. Div. 2d Dep't 2003). “The Supreme Court, upon determining that it was within Litvinenko’s power to perform the act or duty required to purge his contempt, directed his incarceration in December 2001 (see Judiciary Law § 774 [1]). The court subsequently periodically reviewed Litvinenko’s continued…”
Martinez v. Martinez, 44 A.D.3d 945 (N.Y. App. Div. 2d Dep't 2007). “Such imprisonment, however, which is in the nature of punishment for civil contempt (see Edwards v Edwards, 122 AD2d 18 [1986]), may only continue until such time as the offender, if it is within his or her power, complies with the support order (see Judiciary Law § 774 [1];…”
Matter of Provost v. Provost, 147 A.D.3d 1256 (N.Y. App. Div. 3d Dep't 2017). “Such a sentence is in the nature of a civil contempt, which “may only continue until such time as the offender, if it is within his or her power, complies with the support order” (Matter of Martinez v Martinez, 44 AD3d 945, 947 [2007]; see Family Ct Act § 156; Judiciary Law §…”
Cooper v. Cooper, 21 A.D.3d 869 (N.Y. App. Div. 2d Dep't 2005). “This Court stayed enforcement of those portions of the Supreme Court’s orders directing incarceration, including the directive requiring reincarceration. Even if the plaintiff had been properly adjudicated in contempt, the Supreme Court erred in failing to give her an…”
GARENANI v. Cnty. of Clinton, 552 F. Supp. 2d 328 (N.D.N.Y. 2008). “2d 416 (3d Dep’t 1998) (internal quotation marks omitted); see N.Y. Judiciary Law § 774 (1) (McKinney 2003).”
Dep't of Hous. Pres. & Dev. v. Living Waters Realty Inc., 14 Misc. 3d 484 (N.Y. City Civ. Ct. 2006). “minal contempt, it is ordered and adjudged that, pursuant to Judiciary Law § 751, each prior owner shall pay a fine of $1,000 to the petitioner, that Harriet Thomas shall be committed to the city or county jail for a definite period of 10 days, and then until such time as the…”
Kaminski v. Kaminski, 212 A.D.2d 1045 (N.Y. App. Div. 4th Dep't 1995). “Judiciary Law § 774 *1046 (1) provides that, "[w]here the misconduct proved consists of an omission to perform an act or duty, which is yet in the power of the offender to perform, he shall be imprisoned only until he has performed it, and paid the fine imposed * * * [and i]n…”
Hymowitz v. Hymowitz, 149 A.D.2d 568 (N.Y. App. Div. 2d Dep't 1989). “Such imprisonment, however, which is in the nature of punishment for civil contempt (Edwards v *569 Edwards, 122 AD2d 18 ; Wides v Wides, 96 AD2d 592 ), may only continue until such time as the offender, if it is within his power, complies with the support order (Judiciary Law §…”
Edwards v. Edwards, 122 A.D.2d 18 (N.Y. App. Div. 2d Dep't 1986). “The power of the court to punish a civil contempt is limited by Judiciary Law § 774 (1) which states: "Where the misconduct proved consists of an omission to perform an act or duty, which is yet in the power of the offender to perform, he shall be imprisoned only until he has…”
Schmitt, Michael D. v. Piampiano, James J., 117 A.D.3d 1478 (N.Y. App. Div. 4th Dep't 2014). “We therefore disregard the mistaken reference to civil contempt in the order, as well as the reference to Judiciary Law § 774, which has no relevance to the finding of contempt inasmuch as respondent did not impose a period of imprisonment (see generally CPLR 2001, 5019 [a]).”
Bongiovanni v. Bongiovanni, 295 A.D.2d 296 (N.Y. App. Div. 2d Dep't 2002). “He could not be incarcerated for a determinate term of four months and then be incarcerated for an additional determinate term of 60 days (see Judiciary Law § 774 [1], [2]). The defendant’s remaining contentions are without merit.”
Matter of Augliera v. Araujo, 184 A.D.3d 824 (N.Y. App. Div. 2d Dep't 2020). “Although the court is empowered to impose a sentence of incarceration of up to six months for willful failure to comply with a support order ( see Family Ct Act § 454[3][a]; Matter of Cox v Cox , 133 AD2d 828 ), such incarceration may only continue until the offender complies…”
N.Y. Judiciary Law § 774(1): 1 case
Matter of Augliera v. Araujo, 184 A.D.3d 824 (N.Y. App. Div. 2d Dep't 2020). “Although the court is empowered to impose a sentence of incarceration of up to six months for willful failure to comply with a support order ( see Family Ct Act § 454[3][a]; Matter of Cox v Cox , 133 AD2d 828 ), such incarceration may only continue until the offender complies…”
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