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Section 601. Definition of decree and order; how order enforced. 602. Decree or order, when evidence of assets. 603. Transcript of decree or order. 604. Decree; instruments of satisfaction. 605. Enforcement of decree by execution. 606. Enforcement of decree or order by punishment for contempt; when. 607. Enforcement of decree or order by punishment for contempt; manner. S 601. Definition of decree and order; how order enforced The determination of the rights of the parties to a special proceeding in the court is a decree. A direction of the court made or entered in writing and not included in a decree is an order. A decree or order has the same effect and may be enforced in like manner as a similar judgment, decree or order made by the supreme court in an action. S 602. Decree or order, when evidence of assets A decree directing payment by a fiduciary to a creditor of, or a person interested in, the estate, or an order permitting a judgment creditor to issue an execution against a fiduciary is, except upon an appeal therefrom, presumptive evidence that there are sufficient assets in his hands to satisfy the sum which the decree directs him to pay or for which the order permits the execution to issue. A decree charging a deceased fiduciary with assets upon an accounting under 2207, is not evidence of assets in the hands of the accounting fiduciary. S 603. Transcript of decree or order 1. Clerk to furnish transcript. Upon the application of any person, the clerk must furnish to him a transcript of any decree or order. If it be for other than money only, the clerk shall insert in the transcript a brief statement of the nature of the relief awarded. Such statement may be inserted under "remarks" as contained in the form set forth in section 255-c of the judiciary law. 2. Docketing with county clerk. A transcript of a decree or order of the court may be filed in the office of the clerk of the county in which the court is located and upon such filing the clerk shall docket the decree or order in like manner and with like effect as a judgment entered in the supreme court within the county. The filing and docketing and any subsequent filing and docketing with any other county clerk shall be governed by the CPLR. S 604. Decree; instruments of satisfaction Upon the request of any person interested, there may be recorded with the court any instrument acknowledging payment of moneys pursuant to a decree or order of the court. Every such instrument to be recorded shall be acknowledged and the record thereof, or a certified copy of such record, shall be presumptive evidence of the contents of such instrument and its due execution and of any payment of money or delivery of property therein acknowledged. The foregoing shall be in addition to such procedure for satisfaction and the recording thereof as may be provided by the CPLR. S 605. Enforcement of decree by execution An execution shall not issue out of the court. The enforcement by execution of any decree or order of the court shall take place only after the docketing of a transcript as set forth in 603 of this act, whereupon the decree or order shall be enforceable by execution as if it were a judgment of the supreme court.
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S 606. Enforcement of decree or order by punishment for contempt; when 1. In any of the following cases, a decree or order of the court, directing the payment of money or requiring the performance of any act, may be enforced by serving a certified copy thereof upon the party against whom it is directed, and if he refuses or wilfully negelects to obey it, by punishing him for a contempt of court: (a) Where it cannot be enforced by execution. (b) Where part of it cannot be enforced by execution; in which case the part or parts which cannot be so enforced may be enforced as prescribed in this section. (c) Where an execution as prescribed in the preceding section has been returned wholly or partly unsatisfied. (d) Where the delinquent is a fiduciary and the decree relates to the estate, in which case the court may enforce the decree or order as prescribed in this section, either with or without requiring the issuance of an execution, or after the return of an execution, as it deems proper. 2. For the purpose of enforcement of a decree or order by means of punishment for contempt of court, the proceeding which terminated in such decree or order is deemed continued. 3. The court may refuse to punish any person for contempt of court as authorized in this section, in an instance in which facts are demonstrated to its satisfaction which would justify a release of such person from imprisonment, in accordance with the provisions of section 775 of the judiciary law. 4. No proceedings taken to enforce a decree or order of the court, either by execution, punishment for contempt or otherwise, shall preclude or affect in any manner an action or proceeding on a bond given by the person against whom the decree or order was directed. S 607. Enforcement of decree or order by punishment for contempt; manner A person interested in the compliance with a decree or order, directing the payment of a sum of money or the performance of any act, may present to the court a petition showing: 1. One of the grounds prescribed in the preceding section, 2. That a certified copy of the decree or order sought to be enforced has been personally served upon the person against whom it was entered, which service shall be equivalent to a personal demand upon the respondent for the payment of the sum directed to be paid, or the performance of the act directed by the decree or order to be performed, 3. That the respondent has refused or wilfully neglected to obey such order or decree, and 4. Praying that the respondent be directed to show cause why he should not be punished for contempt. The court may direct that a warrant of commitment issue against the respondent, pursuant to section 757 of the judiciary law, or that the respondent show cause why he should not be punished for contempt. The order to show cause may be served upon the respondent personally or upon his attorney. Upon the return thereof, if the court is satisfied that the respondent has refused or wilfully neglected to obey the decree or order, it may direct that a warrant of commitment issue against the respondent pursuant to section 757 of the judiciary law or punish the respondent under the provisions of the judiciary law.