N.Y. Family Court Act § 1118: Applicability of civil practice law and rules

§ 1118. Applicability of civil practice law and rules. The provisions

of the civil practice law and rules apply where appropriate to appeals

under this article, provided, however, that the fees required by section

eight thousand twenty-two of the civil practice law and rules shall not

be required where the attorney for the appellant or attorney for the

movant, as applicable, certifies that such appellant or movant has been

assigned counsel or an attorney for a child pursuant to section two

hundred forty-nine, two hundred sixty-two or eleven hundred twenty of

this act or section seven hundred twenty-two of the county law, or is

represented by a legal aid society or a legal services program or other

nonprofit organization, which has as its primary purpose the furnishing

of legal services to indigent persons, or by private counsel working on

behalf of or under the auspices of such society or organization. Where

the attorney for the appellant or the attorney for the movant certifies

in accordance with procedures established by the appropriate appellate

division that the appellant or movant has been represented in family

court by assigned counsel or an attorney for a child, pursuant to

section two hundred forty-nine, two hundred sixty-two or eleven hundred

twenty of this act or section seven hundred twenty-two of the county

law, or is represented by a legal aid society or legal services program

or some other nonprofit organization, which has as its primary purpose

the furnishing of legal services to indigent persons, or by private

counsel working on behalf or under the auspices of such society or

organization, and that the appellant, who has indicated an intention to

appeal, or movant, continues to be eligible for assignment of counsel

and, in the case of counsel assigned to represent an adult party,

continues to be indigent, the appellant or movant shall be presumed

eligible for poor person relief pursuant to section eleven hundred one

of the civil practice law and rules and for assignment of counsel on

appeal without further motion. The appointment of counsel and granting

of poor person relief by the appellate division shall continue for the

purpose of filing a notice of appeal or motion for leave to appeal to

the court of appeals.