N.Y. Family Court Act § 1121: Special procedures

§ 1121. Special procedures. 1. Consistent with the provisions of

sections 354.2, seven hundred sixty and one thousand fifty-two-b of this

act the provisions of this section shall apply to appeals taken from

orders issued pursuant to articles three, seven, ten and ten-A and parts

one and two of article six of this act, and pursuant to sections three

hundred fifty-eight-a, three hundred eighty-three-c, three hundred

eighty-four, and three hundred eighty-four-b of the social services law.

2. Upon the filing of such order, it shall be the duty of counsel to

the parties and the child to promptly advise the parties in writing of

the right to appeal to the appropriate appellate division of the supreme

court, the time limitations involved, the manner of instituting an

appeal and obtaining a transcript of the testimony and the right to

apply for leave to appeal as a poor person if the party is unable to pay

the cost of an appeal. It shall be the further duty of such counsel to

explain to the client the procedures for instituting an appeal, the

possible reasons upon which an appeal may be based and the nature and

possible consequences of the appellate process.

3. It shall also be the duty of such counsel to ascertain whether the

party represented by such attorney wishes to appeal and, if so, to serve

and file the necessary notice of appeal and, as applicable, to apply for

leave to appeal as a poor person, to file a certification of continued

eligibility for appointment of counsel pursuant to section eleven

hundred eighteen of this article, and to submit such other documents as

may be required by the appropriate appellate division.

4. If the party has been permitted to waive the appointment of counsel

appointed pursuant to section two hundred forty-nine-a or two hundred

sixty-two of this act, it shall be the duty of the court to advise the

party of the right to the appointment of counsel for the purpose of

filing an appeal.

5. Where a party wishes to appeal, it shall also be the duty of such

counsel, where appropriate, to apply for assignment of counsel for such

party pursuant to applicable provisions of this act, the judiciary law

and the civil practice law and rules, and to file a certification of

continued eligibility for appointment of counsel and, in the case of

counsel assigned to represent an adult party, continued indigency,

pursuant to section one thousand one hundred eighteen of this article

and to submit such other documents as may be required by the appropriate

appellate division.

6. (a) Except as provided for herein, counsel for the appellant shall,

no later than ten days after filing the notice of appeal, request

preparation of the transcript of the proceeding appealed therefrom.

(b) Counsel assigned or appointed pursuant to article eleven of the

civil practice law and rules or section eleven hundred twenty of this

act shall, no later than ten days after receipt of notice of such

appointment, request preparation of the transcript of the proceeding

appealed from.

(c) In any case where counsel is assigned or appointed pursuant to

paragraph (b) of this subdivision subsequent to the filing of the notice

of appeal, such counsel shall, within ten days of such assignment or

appointment, request preparation of the transcript of the proceeding

appealed from.

(d) Where the appellant is seeking relief to proceed as a poor person

pursuant to article eleven of the civil practice law and rules, the

transcript of the proceeding appealed from shall be requested within ten

days of the order determining the motion.

7. Such transcript shall be completed within thirty days from the

receipt of the request of the appellant. Where such transcript is not

completed within such time period, the court reporter or director of the

transcription service responsible for the preparation of the transcript

shall notify the administrative judge of the appropriate judicial

district. Such administrative judge shall establish procedures to

effectuate the timely preparation of such transcript. The appellate

divisions may establish additional procedures to effectuate the timely

preparation of transcripts.

The appellate division shall establish procedures to ensure the

expeditious filing and service of the appellant's brief, the answering

brief and any reply brief, which may include scheduling orders. The

appellant shall perfect the appeal within sixty days of receipt of the

transcript of the proceeding appealed from or within any different time

that the appellate division has by rule prescribed for perfecting such

appeals under subdivision (c) of rule five thousand five hundred thirty

of the civil practice law and rules or as otherwise specified by the

appellate division. Such sixty day or other prescribed period may be

extended by the appellate division for good cause shown upon written

application to the appellate division showing merit to the appeal and a

reasonable ground for an extension of time. Upon the granting of such an

extension of time the appellate division shall issue new specific

deadlines by which the appellant's brief, the answering brief and any

reply brief must be filed and served.