{"jurisdiction": "us-ny", "code": "fca", "section": "1120", "citation": "FCA § 1120", "heading": "Counsel for parties and children on appeal", "text": ["§ 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."], "official_source": "https://www.nysenate.gov/legislation/laws/FCT/1120", "from_official_api": true, "plain_english": "- **(a)** The AD **shall assign counsel** to a person shown to be a **§ 262 person** who is **financially unable** to obtain counsel, or on a § 1118 certification; the AD **may** in its discretion assign counsel to **any party.** Compensation/expenses follow **County Law § 722-b.** The appointment **continues** for filing a notice of appeal or motion for leave to the Court of Appeals. Counsel may be relieved on application; the court then **promptly appoints another.**\n- **(b)** ★ An attorney appointed for a **child** under FCA § 249 **continues without further order** when the child's attorney (or a party) files a notice of appeal, until relieved on application.\n- **(c)** An appellate court **may appoint** an attorney for a child in an appeal where the child had none at the time of the order/motion and independent representation isn't available.\n- **(d)** Doesn't relieve attorneys for children of their duties under §§ 354.2(1) and 760.\n- **(e)** Compensation/expenses for a child's attorney follow **Judiciary Law § 35.**\n- **(f)** Where an attorney represents a child on appeal under (b) or (c), that attorney **must be served** with the notice of appeal.", "retrieved": "2026-09-27", "url": "https://elyphived.com/us-ny/fca/1120", "publisher": "Elyphived LLC"}