New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter B - Second Judicial Department › Article 1 - Appellate Division › Subarticle A - Rules of Practice › Part 671 - Additional Duties Of Counsel And The Court Clerk In Criminal Actions, In And Cplr Article 78 Proceedings, In Proceedings Instituted By Motion Made Pursuant To Cpl 440.10 Or 440.20 And Family Court Act Proceedings › Section 671.10 - Duties of assigned counsel in the Surrogate's Court and the Family Court

Current through Register Vol. 46, No. 28, July 10,
						  2024
(a)
						  Upon the entry of an order in the Surrogate's Court and Family Court from which
						  an appeal may be taken, it shall be the duty of assigned counsel for the
						  unsuccessful party, immediately after the entry of the order, to give either by
						  mail or personally, written notice to the client advising of the right to
						  appeal or to make application for permission to appeal, and request written
						  instructions as to whether he or she desires to take an appeal or to make such
						  application. Thereafter, if the client gives to counsel timely written notice
						  of his or her desire to appeal or to make such application, counsel shall
						  promptly serve and file the necessary formal notice of appeal, or make
						  application to this court for permission to appeal. Unless counsel shall have
						  been retained to prosecute the appeal, the notice of appeal may contain the
						  additional statement that it is being served and filed on appellant's behalf
						  pursuant to this rule and that it shall not be deemed to be counsel's
						  appearance as appellant's attorney on the appeal.
(b) In counsel's written
						  notice to the client advising of the right to appeal or to make application for
						  permission to appeal, counsel shall also set forth:
(1) the applicable time limitations
						  with respect to the taking of the appeal or the making of the application for
						  permission to appeal;
(2) the manner of instituting the
						  appeal and, if a trial or hearing was held and stenographic minutes taken, the
						  manner of obtaining a typewritten transcript of such minutes;
(3) the client's right, upon
						  proof of his or her financial inability to retain counsel and to pay the costs
						  and expenses of the appeal, to make application to this court for the
						  assignment of counsel to prosecute the appeal; and, if stenographic minutes
						  were taken, for a direction to the clerk and the stenographer of the trial
						  court that a typewritten transcript of such minutes be furnished without charge
						  to assigned counsel or, if the client prosecutes the appeal pro se, to the
						  client; and
(4) in
						  such notice counsel shall also request the written instructions of his client,
						  and if the client thereafter gives counsel timely written notice of his or her
						  desire to make application for permission to appeal or to apply for the relief
						  provided in paragraph (3) of this section, or to make any one or all of these
						  applications, counsel shall proceed promptly to do so.