Legislation

Search OpenLegislation Statutes
This entry was published on 2014-09-22
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
SECTION 1121
Special procedures
Family Court Act (FCT) CHAPTER 686, ARTICLE 11
§ 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.