2023 New York Laws › CVP - Civil Practice Law and Rules › Article 23 - Subpoenas, Oaths and Affirmations › 2308 - Disobedience of Subpoena.

§ 2308. Disobedience of subpoena. (a) Judicial. Failure to comply with
a  subpoena  issued  by  a judge, clerk or officer of the court shall be
punishable as a contempt of court. If the witness is a party  the  court
may  also strike his or her pleadings. A subpoenaed person shall also be
liable to the person on whose behalf  the  subpoena  was  issued  for  a
penalty not exceeding one hundred fifty dollars and damages sustained by
reason of the failure to comply. A court may issue a warrant directing a
sheriff  to  bring  the  witness  into  court. If a person so subpoenaed
attends or is brought into court, but refuses without  reasonable  cause
to  be  examined,  or  to  answer  a legal and pertinent question, or to
produce a book, paper or other thing which he or  she  was  directed  to
produce  by the subpoena, or to subscribe his or her deposition after it
has been correctly reduced to writing, the court may forthwith  issue  a
warrant  directed  to  the  sheriff  of  the county where the person is,
committing him or her to jail, there to remain until he or  she  submits
to  do  the  act  which he or she was so required to do or is discharged
according  to  law.  Such  a  warrant  of   commitment   shall   specify
particularly  the  cause  of  the  commitment  and,  if  the  witness is
committed for refusing to answer  a  question,  the  question  shall  be
inserted in the warrant.
(b)  Non-judicial. (1) Unless otherwise provided, if a person fails to
comply with a subpoena which is not returnable in a court, the issuer or
the person on whose behalf the subpoena  was  issued  may  move  in  the
supreme court to compel compliance. If the court finds that the subpoena
was  authorized,  it  shall  order  compliance  and may impose costs not
exceeding fifty dollars. A subpoenaed person shall also be liable to the
person on whose behalf  the  subpoena  was  issued  for  a  penalty  not
exceeding  fifty  dollars and damages sustained by reason of the failure
to comply. A court may issue a warrant directing a sheriff to bring  the
witness  before the person or body requiring his appearance. If a person
so subpoenaed attends or is brought before  such  person  or  body,  but
refuses  without  reasonable  cause to be examined, or to answer a legal
and pertinent question, or to produce a book, paper or other thing which
he was directed  to  produce  by  the  subpoena,  or  to  subscribe  his
deposition  after  it  has been correctly reduced to writing, the court,
upon proof by affidavit, may issue a warrant directed to the sheriff  of
the  county where the person is, committing him to jail, there to remain
until he submits to do the act which he was so  required  to  do  or  is
discharged  according to law. Such a warrant of commitment shall specify
particularly the  cause  of  the  commitment  and,  if  the  witness  is
committed  for  refusing  to  answer  a  question, the question shall be
inserted in the warrant.
(2)  Notwithstanding  the  provisions  of  paragraph   one   of   this
subdivision, if a person fails to comply with a subpoena issued pursuant
to section one hundred eleven-p of the social services law by the office
of temporary and disability assistance or a social services district, or
its   authorized   representative,  or  another  state's  child  support
enforcement agency governed by title IV-D of the  social  security  act,
such  office  or  district is authorized to impose a penalty against the
subpoenaed person. The amount of the penalty shall be determined by  the
commissioner  of  the  office of temporary and disability assistance and
set forth in regulation, and shall not exceed fifty dollars. Payment  of
the   penalty  shall  not  be  required,  however,  if  in  response  to
notification of the imposition of  the  penalty  the  subpoenaed  person
complies immediately with the subpoena.
(c) Review of proceedings. Within ninety days after the offender shall
have  been committed to jail he shall, if not then discharged by law, be
brought, by the sheriff,  or  other  officer,  as  a  matter  of  course

personally  before  the  court  issuing  the warrant of commitment and a
review of the proceedings shall then be held to  determine  whether  the
offender  shall  be discharged from commitment. At periodic intervals of
not  more  than  ninety days following such review, the offender, if not
then discharged by law from such commitment, shall be  brought,  by  the
sheriff,  or  other  officer,  personally  before  the court issuing the
warrant of commitment and further reviews of the proceedings shall  then
be held to determine whether he shall be discharged from commitment. 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 the proceeding resulting in the issuance of the warrant of
commitment, at their last known address.