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This entry was published on 2014-09-22
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SECTION 1118
Applicability of civil practice law and rules
Family Court Act (FCT) CHAPTER 686, ARTICLE 11
§ 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.