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This entry was published on 2014-09-22
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SECTION 1120
Counsel for parties and children on appeal
Family Court Act (FCT) CHAPTER 686, ARTICLE 11
§ 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.