N.Y. Jud. Law § 757

§ 757. Application to punish for contempt committed before referee.\nWhere the offense is committed upon the trial of an issue referred to a\nreferee appointed by the court, or consists of a witness's\nnon-attendance, or refusal to be sworn or testify, before him, the\napplication prescribed in this section may be made returnable before him\nor before the court. The application shall contain on its face a notice\nthat the purpose of the hearing is to punish the accused for a contempt\nof court, and that such punishment may consist of fine or imprisonment,\nor both, according to law.\n