§ 1120 — Counsel for parties and children on appeal

New York § 1120

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

Text

§ 1120. Counsel for parties and children on appeal. (a) Upon an\nappeal in a proceeding under this act, the appellate division to which\nsuch appeal is taken, or is sought to be taken, shall assign counsel to\nany person upon a showing that such person is one of the persons\ndescribed in section two hundred sixty-two of this act and is\nfinancially unable to obtain independent counsel or upon certification\nby an attorney in accordance with section eleven hundred eighteen of\nthis article. The appellate division to which such appeal is taken, or\nis sought to be taken, may in its discretion assign counsel to any party\nto the appeal. Counsel assigned under this section shall be compensated\nand shall receive reimbursement for expenses reasonably incurred in the\nsame manner provided by section seven hundred twenty-two-b of the county\nlaw. The appointment of counsel by the appellate division shall\ncontinue for the purpose of filing a notice of appeal or motion for\nleave to appeal to the court of appeals. Counsel may be relieved of his\nor her representation upon application to the court to which the appeal\nis taken for termination of the appointment, by the court on its own\nmotion or, in the case of a motion for leave to appeal to the court of\nappeals, upon application to the appellate division. Upon termination of\nthe appointment of counsel for an indigent party the court shall\npromptly appoint another attorney.\n (b) Whenever an attorney has been appointed by the family court\npursuant to section two hundred forty-nine of this act to represent a\nchild in a proceeding described therein, the appointment shall continue\nwithout further court order or appointment where (i) the attorney on\nbehalf of the child files a notice of appeal, or (ii) where a party to\nthe original proceeding files a notice of appeal. The attorney for the\nchild may be relieved of his representation upon application to the\ncourt to which the appeal is taken for termination of the appointment.\nUpon approval of such application the court shall appoint another\nattorney for the child.\n (c) An appellate court may appoint an attorney to represent a child in\nan appeal in a proceeding originating in the family court where an\nattorney was not representing the child at the time of the entry of the\norder appealed from or at the time of the filing of the motion for\npermission to appeal and when independent legal representation is not\navailable to such child.\n (d) Nothing in this section shall be deemed to relieve attorneys for\nchildren of their duties pursuant to subdivision one of sections 354.2\nand seven hundred sixty of this act.\n (e) An attorney appointed or continuing to represent a child under\nthis section shall be compensated and shall receive reimbursement for\nexpenses reasonably incurred in the same manner provided by section\nthirty-five of the judiciary law.\n (f) In any case where an attorney is or shall be representing a child\nin an appellate proceeding pursuant to subdivision (b) or (c) of this\nsection, such attorney shall be served with a copy of the notice of\nappeal.\n