N.Y. Comp. Codes R. & Regs. tit. 22 § 1000.14

Current through Register Vol. 46, No. 15, April 10, 2024

Section 1000.14 - Poor persons

(a) Motion. A motion for permission to proceed on appeal as a poor person and for assignment of counsel may be made by any party pursuant to section 1000.13(a) of this Part.

(1) Supporting papers; all appeals. An affidavit in support of a motion for permission to proceed on appeal as a poor person and for assignment of counsel shall set forth the amount and sources of the movant's income; that the movant is unable to pay the costs, fees and expenses necessary to prosecute or respond to the appeal; and whether any other person is beneficially interested in any recovery sought and, if so, whether every such person is unable to pay such costs, fees and expenses (see CPLR 1101[a]; Judiciary Law, section 35 [1]; County Law, section 722 ).

(2) Supporting papers; civil appeals. In a civil appeal, an affidavit in support of a motion for permission to proceed on appeal as a poor person shall also set forth sufficient facts so that the merit of the contentions can be ascertained (CPLR 1101[a]).

(i) Exceptions. This subdivision has no application to appeals described in Family Court Act, section 1120(a), SCPA 407(1) and Judiciary Law, section 35(1).

(3) Service on county attorney. A motion for permission to proceed on appeal as a poor person and assignment of counsel shall be served with sufficient notice on the county attorney in the county from which the appeal arises (see CPLR 1101[c]).

(4) Certification in lieu of motion. In appeals pursuant to the Family Court Act, in lieu of a motion, an application for either permission to proceed as a poor person or for permission to proceed as a poor person and assignment of counsel may be made by trial counsel or the law guardian, as appropriate, by filing with the clerk a certification of continued indigency and continued eligibility for assignment of counsel pursuant to Family Court Act, section 1118. Counsel shall attach to the certification a copy of the order from which the appeal is taken together with the decision, if any, and a copy of the notice of appeal with proof of service and filing.

(b) Stenographic transcripts. Except as provided by order of this court, the clerk of the court from which the appeal is taken shall provide a party granted permission to proceed on appeal as a poor person with a stenographic copy of the minutes of the proceeding upon which the appeal is based, along with one copy of any other paper or document on file in the clerk's office that is relevant and necessary to the appeal.

(c) Records and briefs. A person granted permission to proceed on appeal as a poor person shall perfect the appeal by filing 10 copies of a brief with proof of service of one copy on each respondent.

(1) In a criminal appeal, a person granted permission to proceed on appeal as a poor person shall file a properly certified transcript of the trial or hearing underlying the appeal, if any, a copy of the Pre-Sentence Investigation Report, if relevant and necessary, one copy of an appendix consisting of the documents described in section 1000.4(e) of this Part with proof of service of one copy of the appendix on each respondent, and exhibits as required by section 1000.4(g) of this Part.

(2) In a civil appeal, a person granted permission to proceed on appeal as a poor person shall file one copy of the stipulated or settled record with proof of service of one copy on each party to the appeal and shall file exhibits as required by section 1000.4(g) of this Part.

(d) Filing fee. A person granted permission to proceed on appeal as a poor person shall not be required to pay a filing fee (CPLR 1102[d]).

(e) Respondent. When an appellant has been granted permission to appeal as a poor person, a respondent shall file 10 briefs with proof of service of one copy on appellant.

N.Y. Comp. Codes R. & Regs. Tit. 22 § 1000.14