N.Y. Comp. Codes R. & Regs. tit. 22 § 1015.8

Current through Register Vol. 46, No. 16, April 17, 2024

Section 1015.8 - Duties of counsel in Family Court and Surrogate's Court

(a) This rule applies in proceedings commenced pursuant to Family Court Act, articles 3, 7 and 10 and article 6 part 1, and Social Services Law, sections 358-a, 384-b and 392 (see Family Court Act, section 1121).

(b) Counsel assigned to or retained by a party and the attorney for the child in an applicable proceeding shall represent the client until the matter is terminated by the entry of an order. Upon the entry of an order, it shall be the duty of counsel promptly to advise the parties of the right to appeal to the Appellate Division or to make a motion for permission to appeal. In the written notice, counsel shall set forth: the time limitations applicable to taking an appeal or moving for permission to appeal; the possible reasons upon which an appeal may be based; the nature and possible consequences of the appellate process; the manner of instituting an appeal or moving for permission to appeal; the procedure for obtaining a transcript of testimony, if any; and the right to apply for permission to proceed as a poor person.

(c) When a party or the attorney for the child determines to appeal or to move for permission to appeal, counsel or the attorney for the child shall serve the notice of appeal or motion for permission and shall file the notice of appeal or motion for permission with proof of service on or an admission of service by the opposing parties, including the attorney for the child when an attorney for the child has been appointed.

(d) Except when counsel has been retained to prosecute the appeal, the notice of appeal may include the statement that it is being filed and served on behalf of appellant pursuant to subdivision (c) of this section and that it shall not be deemed an appearance by counsel as counsel for appellant on the appeal.

(e) When a party has indicated a desire to appeal, counsel shall, when appropriate, move for permission to proceed as a poor person and assignment of counsel pursuant to sections 1000.14(f) and 1250.4(d) of this Title.

N.Y. Comp. Codes R. & Regs. Tit. 22 § 1015.8