N.Y. CPLR § 7006

NEW YORK CIVIL PRACTICE LAW AND RULES (CPLR) New York State | For Informational Purposes Only CPLR § 7006 Obedience to the writ § 7006. Obedience to the writ. (a) Generally; defects in form. Aperson upon whom the writ or a copy thereof is served, whether it isdirected to him or not, shall make a return to it and, if required byit, produce the body of the person detained at the time and placespecified, unless the person detained is too sick or infirm to make therequired trip. A writ of habeas corpus shall not be disobeyed for defectof form so long as the identity of the person detained may be derivedfrom its contents.(b) Compelling obedience. If the person upon whom the writ or a copythereof is served refuses or neglects fully to obey it, without showingsufficient cause, the court before whom the writ is returnable, uponproof of its service, shall forthwith issue a warrant of attachmentagainst him directed to the sheriff in any county in which such personmay be found requiring him to be brought before the court issuing thewarrant; he may be ordered committed in close custody to the county jailuntil he complies with the order of the court. Where such person is asheriff, the warrant shall be directed to a person specificallydesignated to execute it. Such person shall have power to call to hisaid the same assistance as the sheriff in executing the warrant; asheriff shall be committed to a jail in a county other than his own.(c) Precept to bring up person detained. A court issuing a warrant ofattachment as prescribed in subdivision (b) may at the same time, orthereafter, issue a precept to the person to whom the warrant isdirected ordering him immediately to bring before the court the persondetained.