§ 1118 — Applicability of civil practice law and rules

New York § 1118

• Jurisdiction: New York
• Law FCT: Family Court Act
• Art. 11: Appeals

Text

§ 1118. Applicability of civil practice law and rules. The provisions\nof the civil practice law and rules apply where appropriate to appeals\nunder this article, provided, however, that the fees required by section\neight thousand twenty-two of the civil practice law and rules shall not\nbe required where the attorney for the appellant or attorney for the\nmovant, as applicable, certifies that such appellant or movant has been\nassigned counsel or an attorney for a child pursuant to section two\nhundred forty-nine, two hundred sixty-two or eleven hundred twenty of\nthis act or section seven hundred twenty-two of the county law, or is\nrepresented by a legal aid society or a legal services program or other\nnonprofit organization, which has as its primary purpose the furnishing\nof legal services to indigent persons, or by private counsel working on\nbehalf of or under the auspices of such society or organization. Where\nthe attorney for the appellant or the attorney for the movant certifies\nin accordance with procedures established by the appropriate appellate\ndivision that the appellant or movant has been represented in family\ncourt by assigned counsel or an attorney for a child, pursuant to\nsection two hundred forty-nine, two hundred sixty-two or eleven hundred\ntwenty of this act or section seven hundred twenty-two of the county\nlaw, or is represented by a legal aid society or legal services program\nor some other nonprofit organization, which has as its primary purpose\nthe furnishing of legal services to indigent persons, or by private\ncounsel working on behalf or under the auspices of such society or\norganization, and that the appellant, who has indicated an intention to\nappeal, or movant, continues to be eligible for assignment of counsel\nand, in the case of counsel assigned to represent an adult party,\ncontinues to be indigent, the appellant or movant shall be presumed\neligible for poor person relief pursuant to section eleven hundred one\nof the civil practice law and rules and for assignment of counsel on\nappeal without further motion. The appointment of counsel and granting\nof poor person relief by the appellate division shall continue for the\npurpose of filing a notice of appeal or motion for leave to appeal to\nthe court of appeals.\n