Article 11 Flashcards
(42 cards)
1111- Appeals to appellate division
An appeal may be taken to the ___________________ of the Supreme Court of the Judicial Department in which the family court whose order is appealed from is located
Appellate Division
1112- Appealable orders.
An appeal may be taken as of right from any order of ___________ and, in the discretion of the appropriate appellate division, from _____________________ under this act
Disposition………….. any other order
1112- Appealable orders.
Only under Article 10 with cases involving abuse or neglect can an _________ or _____________ order be taken as of right. This is unusual - note it.
intermediate or final
1112- Appealable orders.
Pending determination on such appeal, such order shall be stayed where the effect of the order would be to _____________ the child where the court before which the appeal is pending finds such stay is necessary to avoid imminent risk to the child’s life or health
A preference under ____________ shall be afforded without the necessity for a ___________ .
Thanks to the magic of copy and paste,I now bring you a repeat of that section from the FutureClerk 2023: THE CLERKENING notes:
5521- Preferences for appeal may be granted in the discretion of the court. A preference will also be given to orders or judgments stemming from the following: FCA articles -3 (JD), 6 (TERMINATION OF PARENTAL RIGHTS), 7 (PINS),10 and 10A (ABUSE and NEGLECT),and certain articles of the Social Services Law
Discharge ……… CPLR 5521 ……. motion
1112- Appealable orders.
In any proceeding originating under Article 10 of this act where the family court issues an order which will result in the return of a child who was previously remanded or placed with someone other than the respondent, such order shall be stayed until ____________ the day after the day on which such order is issued, unless such stay is waived by written stipulation by all parties to the proceeding. It is always in the judge’s discretion to stay an order returning a child to the custody of the respondent for a longer period of time
05:00:00 PM
1113- Time of appeal.
An appeal must be taken no later than _________ from service upon the appellant of the order being appealed from or ______________ from the appellant receiving the order in court or _________________ from the mailing of the order to the appellant by the clerk of the court, whichever is earliest
THIRTY (30) DAYS ………….. THIRTY (30) DAYS……. THIRTY FIVE (35) DAYS
1113- Time of appeal.
When service of the order is made by the court, the time to take an appeal shall not commence unless the order contains a “__________ “ concerning the times for taking an appeal as explained above as well as the date and manner of service of the order
statement
1114 Effect of appeal; stay
The timely filing of an appeal (DOES/DOES NOT) stay the order being appealed from; however a justice of the ______________ may stay execution of the order from which an appeal is taken on such conditions, if any, as may be appropriate.
does not ………. appellate division
1114 Effect of appeal; stay
(Bard) If an order of support under Articles Four or Five is appealed, the appellate division may stay the order on the condition that during the pendency of the appeal the appellant provides sufficient __________ and agrees to pay the amount specified in the order to the family court.
The stay may further provide that the family court will hold the payments in escrow or disburse them for the support of the petitioner or other person for whose benefit the order was made until a decision on the appeal is issued.
surety
1114 Effect of appeal; stay
Any party or AFC to a child protective proceeding may apply to a justice of the appellate division for a stay of an order issued pursuant to_____________ of this chapter returning a child to the custody of a respondent.
- The party applying for the stay shall notify the attorneys for all parties and AFC of the time and place of such application.
- If requested by any party present, oral argument shall be had on the application, except for good cause stated upon the record.
- The party applying for the stay shall state in the application the errors of fact or law allegedly committed by the family court.
- A party applying to the court for the granting or continuation of such stay shall make every reasonable effort to obtain a complete transcript of the proceeding before the family court.
- If a stay is granted, a schedule shall be set for an expedited appeal.
part two of article ten
1115- Notices of appeal
An appeal as of right shall be taken by filing the original ____________ with the clerk of the family court in which the order was made and from which the appeal is taken.
notice of appeal
1115- Notices of appeal
A notice of appeal shall be served upon any ___________ and the “__________ “ if any.
adverse party….. attorney for the child
1115- Notices of appeal
The appellant shall file __________ of such notice together with proof of service, with the clerk of the family court, who shall then forthwith transmit __________ to the clerk of the appropriate appellate division
TWO (2) COPIES……. ONE(1) COPY
1116- Printed case and brief not required.
A printed case on appeal or a printed brief (SHALL/SHALL NOT) be required
SHALL NOT
1117- Costs.
If costs and disbursements are awarded to the respondent from an appeal instituted by a social services official,they shall be a __________ charge paid by the ____________
County ……… COUNTY
1118- Applicability of civil practice law and rules
- Where appropriate for appeals under this article, the provisions of the _______ apply.
- The fees required under CPLR 8022 (SHALL/SHALL NOT) apply where the attorney representing the appellant is an assigned counsel or “attorney for the child”, or a legal aid society
CPLR…… Shall not
1118- Applicability of civil practice law and rules
Where the appellant continues to be eligible for the assignment of counsel and continues to be indigent, they shall be presumed eligible for _________ relief under CPLR 1101
poor person
1118 Applicability of civil practice law and rules
The appointment of counsel and granting of poor person relief by the appellate division shall ________ for purposes of filing the notice of appeal or motion for leave to appeal
continue
1119 Effective date
The effective date of this act is ___________ . We need to know this why?
09/01/62
1120 Counsel for parties and children on appeal
Upon appeal, the appellate division shall assign counsel to __________ who qualifies under FCA 262 and is financially unable to obtain independent counsel.
any person
1120 Counsel for parties and children on appeal
- The appellate division in its discretion may assign counsel to ________ in an appeal.
- Counsel assigned under this section shall be compensated and receive reimbursement for expenses.
any party
1120 Counsel for parties and children on appeal
The appointment of counsel by the appellate division shall continue for the purpose of filing __________ or motion for leave to appeal to _______________.
a notice of appeal………the court of appeals
1120 Counsel for parties and children on appeal
Counsel may be relieved upon application to the court or 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 appointment of counsel for an indigent party, the court shall promptly _______________
appoint another attorney
1120 Counsel for parties and children on appeal
Whenever a “attorney for the child” has been appointed by the family court to represent a child, the appointment shall continue without further court order or appointment where:
- The “_____________ “ on behalf of the child files a notice of appeal
- Where a party to the original proceeding files a __________________
attorney for the child ………… notice of appeal
