FCA § 1052-B

Duties of counsel

§ 1052-b. Duties of counsel. 1. If the court has entered a dispositional order pursuant to section one thousand fifty-two it shall be the duty of the respondent's counsel promptly to advise such respondent in writing of his or her 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 respondent is unable to pay the cost of an appeal. It shall be the further duty of such counsel to explain to the respondent 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.

2. It also shall be the duty of such counsel to ascertain whether the respondent wishes to appeal and, if so, to serve and file the necessary notice of appeal.

Official sourcehttps://www.nysenate.gov/legislation/laws/FCT/1052-B

In plain English

Respondent's counsel must promptly advise (in writing) of the right to appeal, time limits, how to appeal, poor-person relief, and must file the notice of appeal if the respondent wants one. ★

Marked in the text: penalties, time limits, sums of money. Editorial emphasis added by this edition; it does not appear in the statute as enacted.

In print

This provision appears in Volume 5 — The JG-22 Family Court Act and in Volume 1 — The JG-22 in Plain English.