§ 1121 — Special procedures

New York § 1121

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

Text

§ 1121. Special procedures. 1. Consistent with the provisions of\nsections 354.2, seven hundred sixty and one thousand fifty-two-b of this\nact the provisions of this section shall apply to appeals taken from\norders issued pursuant to articles three, seven, ten and ten-A and parts\none and two of article six of this act, and pursuant to sections three\nhundred fifty-eight-a, three hundred eighty-three-c, three hundred\neighty-four, and three hundred eighty-four-b of the social services law.\n 2. Upon the filing of such order, it shall be the duty of counsel to\nthe parties and the child to promptly advise the parties in writing of\nthe right to appeal to the appropriate appellate division of the supreme\ncourt, the time limitations involved, the manner of instituting an\nappeal and obtaining a transcript of the testimony and the right to\napply for leave to appeal as a poor person if the party is unable to pay\nthe cost of an appeal. It shall be the further duty of such counsel to\nexplain to the client the procedures for instituting an appeal, the\npossible reasons upon which an appeal may be based and the nature and\npossible consequences of the appellate process.\n 3. It shall also be the duty of such counsel to ascertain whether the\nparty represented by such attorney wishes to appeal and, if so, to serve\nand file the necessary notice of appeal and, as applicable, to apply for\nleave to appeal as a poor person, to file a certification of continued\neligibility for appointment of counsel pursuant to section eleven\nhundred eighteen of this article, and to submit such other documents as\nmay be required by the appropriate appellate division.\n 4. If the party has been permitted to waive the appointment of counsel\nappointed pursuant to section two hundred forty-nine-a or two hundred\nsixty-two of this act, it shall be the duty of the court to advise the\nparty of the right to the appointment of counsel for the purpose of\nfiling an appeal.\n 5. Where a party wishes to appeal, it shall also be the duty of such\ncounsel, where appropriate, to apply for assignment of counsel for such\nparty pursuant to applicable provisions of this act, the judiciary law\nand the civil practice law and rules, and to file a certification of\ncontinued eligibility for appointment of counsel and, in the case of\ncounsel assigned to represent an adult party, continued indigency,\npursuant to section one thousand one hundred eighteen of this article\nand to submit such other documents as may be required by the appropriate\nappellate division.\n 6. (a) Except as provided for herein, counsel for the appellant shall,\nno later than ten days after filing the notice of appeal, request\npreparation of the transcript of the proceeding appealed therefrom.\n (b) Counsel assigned or appointed pursuant to article eleven of the\ncivil practice law and rules or section eleven hundred twenty of this\nact shall, no later than ten days after receipt of notice of such\nappointment, request preparation of the transcript of the proceeding\nappealed from.\n (c) In any case where counsel is assigned or appointed pursuant to\nparagraph (b) of this subdivision subsequent to the filing of the notice\nof appeal, such counsel shall, within ten days of such assignment or\nappointment, request preparation of the transcript of the proceeding\nappealed from.\n (d) Where the appellant is seeking relief to proceed as a poor person\npursuant to article eleven of the civil practice law and rules, the\ntranscript of the proceeding appealed from shall be requested within ten\ndays of the order determining the motion.\n 7. Such transcript shall be completed within thirty days from the\nreceipt of the request of the appellant. Where such transcript is not\ncompleted within such time period, the court reporter or director of the\ntranscription service responsible for the preparation of the transcript\nshall notify the administrative judge of the appropriate judicial\ndistrict. Such administrative judge shall establish procedures to\neffectuate the timely preparation of such transcript. The appellate\ndivisions may establish additional procedures to effectuate the timely\npreparation of transcripts.\n The appellate division shall establish procedures to ensure the\nexpeditious filing and service of the appellant's brief, the answering\nbrief and any reply brief, which may include scheduling orders. The\nappellant shall perfect the appeal within sixty days of receipt of the\ntranscript of the proceeding appealed from or within any different time\nthat the appellate division has by rule prescribed for perfecting such\nappeals under subdivision (c) of rule five thousand five hundred thirty\nof the civil practice law and rules or as otherwise specified by the\nappellate division. Such sixty day or other prescribed period may be\nextended by the appellate division for good cause shown upon written\napplication to the appellate division showing merit to the appeal and a\nreasonable ground for an extension of time. Upon the granting of such an\nextension of time the appellate division shall issue new specific\ndeadlines by which the appellant's brief, the answering brief and any\nreply brief must be filed and served.\n