N.Y. Surrogate's Court Procedure Act § 407: Assignment of counsel for indigent persons 1

§ 407. Assignment of counsel for indigent persons

1. (a) Each of the persons described below in this subdivision has

the right to the assistance of counsel. When such person first appears

in court, the surrogate shall advise such person before proceeding that

he has the right to be represented by counsel of his own choosing, of

his right to have an adjournment to confer with counsel, and of his

right to have counsel assigned by the court in any case where he is

financially unable to obtain the same;

(i) the respondent in any proceeding under section three hundred

eighty-four-b of the social services law;

(ii) the respondent in any proceeding for the approval of a surrender

instrument under section three hundred eighty-four of the social

services law;

(iii) the parent of a child in any adoption proceeding who opposes the

adoption of such child;

(iv) the parent of any child seeking custody or contesting the

substantial infringement of his or her right to custody of such child,

in any proceeding before the court in which the court has jurisdiction

to determine such custody;

(v) any of the above persons upon an appeal in any of the above

proceedings.

(b) In addition to the cases listed in paragraph (a) of this

subdivision, a judge may assign counsel to represent any adult in a

proceeding under this act if he determines that such assignment of

counsel is mandated by the constitution of this state or of the United

States, and includes such determination in the order assigning counsel.

2. Any order for the assignment of counsel issued under this section

shall be implemented as provided in article eighteen-B of the county

law.