N.Y. Family Court Act § 1120: Counsel for parties and children on appeal

§ 1120. Counsel for parties and children on appeal. (a) Upon an

appeal in a proceeding under this act, the appellate division to which

such appeal is taken, or is sought to be taken, shall assign counsel to

any person upon a showing that such person is one of the persons

described in section two hundred sixty-two of this act and is

financially unable to obtain independent counsel or upon certification

by an attorney in accordance with section eleven hundred eighteen of

this article. The appellate division to which such appeal is taken, or

is sought to be taken, may in its discretion assign counsel to any party

to the appeal. Counsel assigned under this section shall be compensated

and shall receive reimbursement for expenses reasonably incurred in the

same manner provided by section seven hundred twenty-two-b of the county

law. The appointment of counsel 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. Counsel may be relieved of his

or her representation upon application to the court to which the appeal

is taken for termination of the appointment, by the court on its own

motion or, in the case of a motion for leave to appeal to the court of

appeals, upon application to the appellate division. Upon termination of

the appointment of counsel for an indigent party the court shall

promptly appoint another attorney.

(b) Whenever an attorney has been appointed by the family court

pursuant to section two hundred forty-nine of this act to represent a

child in a proceeding described therein, the appointment shall continue

without further court order or appointment where (i) the attorney on

behalf of the child files a notice of appeal, or (ii) where a party to

the original proceeding files a notice of appeal. The attorney for the

child may be relieved of his representation upon application to the

court to which the appeal is taken for termination of the appointment.

Upon approval of such application the court shall appoint another

attorney for the child.

(c) An appellate court may appoint an attorney to represent a child in

an appeal in a proceeding originating in the family court where an

attorney was not representing the child at the time of the entry of the

order appealed from or at the time of the filing of the motion for

permission to appeal and when independent legal representation is not

available to such child.

(d) Nothing in this section shall be deemed to relieve attorneys for

children of their duties pursuant to subdivision one of sections 354.2

and seven hundred sixty of this act.

(e) An attorney appointed or continuing to represent a child under

this section shall be compensated and shall receive reimbursement for

expenses reasonably incurred in the same manner provided by section

thirty-five of the judiciary law.

(f) In any case where an attorney is or shall be representing a child

in an appellate proceeding pursuant to subdivision (b) or (c) of this

section, such attorney shall be served with a copy of the notice of

appeal.