FCA § 776

Failure to comply with terms and conditions of suspended judgment

§ 776. Failure to comply with terms and conditions of suspended judgment. A respondent brought before the court for failure to comply with reasonable terms and conditions of an order of suspended judgment shall be subject to section seven hundred seventy-nine-a of this part. If, after hearing, the court determines by competent proof that the respondent without just cause failed to comply with such terms and conditions, the court may adjourn the matter for a new dispositional hearing in accordance with subdivision (b) or (c) of section seven hundred forty-nine of this article. The court may revoke the order of suspended judgment and proceed to make any order that might have been made at the time judgment was suspended.

Official sourcehttps://www.nysenate.gov/legislation/laws/FCT/776

In plain English

A respondent who without just cause fails to comply with suspended-judgment conditions (proven by competent proof, per § 779-a) may have the court revoke the suspended judgment and make any order it could have at the original judgment (or adjourn for a new dispositional hearing per § 749(b)/(c)).

Marked in the text: penalties, time limits, sums of money. Editorial emphasis added by this edition; it does not appear in the statute as enacted.

In print

This provision appears in Volume 5 — The JG-22 Family Court Act and in Volume 1 — The JG-22 in Plain English.