New York Prosecutors Training Institute
NYPTI Law - NYS Statutes
ยง 428. Issuance of warrant; certificate of warrant. (a) The court may
issue a warrant, directing that the respondent be arrested, brought
before the court, when a petition is presented to the court under
section four hundred twenty-three and it appears that
(i) the summons cannot be served, or
(ii) the respondent has failed to obey the summons; or
(iii) the respondent is likely to leave the jurisdiction; or
(iv) a summons, in the court's opinion, would be ineffectual; or
(v) the safety of the petitioner is endangered; or
(vi) a respondent on bail or on parole has failed to appear.
(b) The petitioner may not serve a warrant upon the respondent, unless
the court itself grants such permission upon the application of the
petitioner. The clerk of the court may issue to the petitioner or to the
representative of an incorporated charitable or philanthropic society
having a legitimate interest in the family a certificate stating that a
warrant for the respondent has been issued by the court. The
presentation of such certificate by said petitioner or representative to
any peace officer, acting pursuant to his special duties, or police
officer authorizes him to arrest the respondent and take him to court.
(c) A certificate of warrant expires ninety days from the date of
issue but may be renewed from time to time by the clerk of the court.
(d) Rules of court shall provide that a record of all unserved
warrants be kept and that periodic reports concerning unserved warrants
be made.
