§ 760 — Duties of counsel

New York § 760

• Jurisdiction: New York
• Law FCT: Family Court Act
• Part 5: Orders
• Art. 7: Proceedings Concerning Whether a Person Is In Need of Supervision

Text

§ 760. Duties of counsel. 1. If the court has entered a dispositional\norder pursuant to section seven hundred fifty-four, it shall be the duty\nof the respondent's counsel to promptly advise such respondent and if\nhis or her parent or other person responsible for his or her care is not\nthe petitioner, such parent or other person responsible for his or her\ncare, in writing of the right to appeal to the appropriate appellate\ndivision of the supreme court, the time limitations involved, the manner\nof instituting an appeal and obtaining a transcript of the testimony and\nthe right to apply for leave to appeal as a poor person if he or she is\nunable to pay the cost of an appeal. It shall be the further duty of\nsuch counsel to explain to the respondent and if his or her parent or\nother person responsible for his or her care is not the petitioner, such\nparent or person responsible for his or her care, the procedures for\ninstituting an appeal, the possible reasons upon which an appeal may be\nbased and the nature and possible consequences of the appellate process.\n 2. It shall also be the duty of such counsel to ascertain whether the\nrespondent wishes to appeal and, if so, to serve and file the necessary\nnotice of appeal.\n 3. If the respondent has been permitted to waive the appointment of\ncounsel pursuant to section two hundred forty-nine-a, it shall be the\nduty of the court to provide the notice and explanation pursuant to\nsubdivision one and, if the respondent indicates that he or she wishes\nto appeal, the clerk of the court shall file and serve the notice of\nappeal.\n