N.Y. JUD Law § 758

§ 758. Notice to delinquent officer to show cause. Where it is\nprescribed by law, or by the rules of civil practice, that a notice may\nbe served in behalf of a party, upon a sheriff or other person,\nrequiring him to return a mandate, delivered to him, or to show cause,\nat a term of a court, why he should not be punished, or why an\nattachment should not be issued against him, for a contempt of the\ncourt; the party, in whose behalf the notice is served, may, at the time\nspecified therein, file with the clerk, proof, by affidavit or other\nwritten evidence, of the delivery of the mandate to the accused; of the\ndefault or other act, upon the occurrence of which, he was entitled to\nserve the notice; of the service of the notice; and of the failure to\ncomply therewith. Thereupon the proceedings are the same, as where an\norder to show cause is made, and it, and a copy of the affidavits upon\nwhich it is granted, are served upon the accused.\n