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FCA - FUTURE CLERK 2023: THE CLERKENING > Article 11 > Flashcards

Article 11 Flashcards

1
Q

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

A

Appellate Division

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2
Q

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

A

Disposition………….. any other order

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3
Q

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.

A

intermediate or final

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4
Q

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

A

Discharge ……… CPLR 5521 ……. motion

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5
Q

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

A

05:00:00 PM

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6
Q

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

A

THIRTY (30) DAYS ………….. THIRTY (30) DAYS……. THIRTY FIVE (35) DAYS

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7
Q

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

A

statement

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8
Q

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.

A

does not ………. appellate division

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9
Q

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.

A

surety

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10
Q

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.
A

part two of article ten

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11
Q

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.

A

notice of appeal

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12
Q

1115- Notices of appeal

A notice of appeal shall be served upon any ___________ and the “__________ “ if any.

A

adverse party….. attorney for the child

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13
Q

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

A

TWO (2) COPIES……. ONE(1) COPY

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14
Q

1116- Printed case and brief not required.

A printed case on appeal or a printed brief (SHALL/SHALL NOT) be required

A

SHALL NOT

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15
Q

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 ____________

A

County ……… COUNTY

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16
Q

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
A

CPLR…… Shall not

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17
Q

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

A

poor person

18
Q

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

A

continue

19
Q

1119 Effective date
The effective date of this act is ___________ . We need to know this why?

A

09/01/62

20
Q

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.

A

any person

21
Q

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.
A

any party

22
Q

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

a notice of appeal………the court of appeals

23
Q

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 _______________

A

appoint another attorney

24
Q

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:

  1. The “_____________ “ on behalf of the child files a notice of appeal
  2. Where a party to the original proceeding files a __________________
A

attorney for the child ………… notice of appeal

25
Q

1120 Counsel for parties and children on appeal

If an “attorney for the child” is relieved, the court shall ____________

A

appoint another.

26
Q

1120- Counsel for parties and children on appeal

The court may appoint a “attorney for the child” to represent a child in an appeal, where an “attorney for the child” was not representing the child at the time of the entry of the original order at the time of the filing of the motion for permission to appeal and when independent legal representation is ___________ to such child.

A

not available

27
Q

1120 Counsel for parties and children on appeal

An attorney appointed shall be compensated and receive reimbursement of their expenses provided by section ___________________

A

35 of the judiciary law

28
Q

1120 Counsel for parties and children on appeal

When an attorney is representing a child in an appellate proceeding they shall be served with a copy of ______________

A

the notice of appeal

29
Q

1121- Special procedures

It is the duty of counsel to _______________________________ to promptly advise the parties ____________ of the right to appeal, the time frames, costs and procedures for taking an appeal, and obtaining a transcript of the testimony.

  • It shall further be the duty of counsel to determine whether the party wishes to appeal and to serve and file the appeal on their behalf, and to apply for leave to appeal as a poor person
  • The attorney shall also advise on the appeal procedures, reasons for appeal, and possible consequences.
A

the parties and the “attorney for the child” …….. IN WRITING

30
Q

1121- Special procedures

(Bard)The attorney must ascertain the party’s wish to appeal, file the necessary documents, and submit other documents for poor person status and documents as required by the appellate division.

A

1121- Special procedures

(Bard)The attorney must ascertain the party’s wish to appeal, file the necessary documents, and submit other documents for poor person status and documents as required by the appellate division.

31
Q

1121- Special procedures

Where the party has been permitted to waive the appointment of counsel, it shall be the duty of ____________ to advise the party of the right to the appointment of counsel for the purpose of filing an appeal

A

the court

32
Q

1121- Special procedures

It shall also be the duty of counsel to file a “certification of continued eligibility for appointment of counsel”

A

1121- Special procedures

It shall also be the duty of counsel to file a “certification of continued eligibility for appointment of counsel”

33
Q

1121- Special procedures

Counsel for the appellant shall no later than ___________ after filing the notice of appeal, request preparation of the transcript of the proceeding being appealed from.

A

TEN (10) DAYS

34
Q

1121- Special procedures

Counsel assigned or appointed for poor persons shall no later than __________ after such appointment, request preparation of the transcript of the proceeding being appealed from

A

TEN (10) DAYS

35
Q

1121- Special procedures

Where a motion is granted for poor person relief, the appellant shall request the transcript of the proceeding being appealed from no later than ___________ of the order determining the motion

A

TEN (10) DAYS

36
Q

1121- Special procedures

The transcript shall be completed within __________ of the request of the appellant.
Where it is not completed in that time, the court reporter or transcription service responsible shall notify the administrative judge of the judicial district.

A

THIRTY (30) DAYS

37
Q

1121- Special procedures

The appellant shall perfect the appeal within _____________ of the receipt of the transcript, although such period may be adjusted or extended by the appellate division

A

SIXTY (60) DAYS

REMEMBER IT THIS WAY: 10 DAYS- 30 DAYS - 60 DAYS

38
Q

1122- Filing of papers on appeal to the appellate division by electronic means

“Electronic means” means any method of transmission of information between computers or other machines designed for the purpose of sending and receiving such transmissions, and which allows the recipient to reproduce the information transmitted in a tangible medium of expression

A

1122- Filing of papers on appeal to the appellate division by electronic means

“Electronic means” means any method of transmission of information between computers or other machines designed for the purpose of sending and receiving such transmissions, and which allows the recipient to reproduce the information transmitted in a tangible medium of expression

39
Q

1122- Filing of papers on appeal to the appellate division by electronic means

The appellate division in each ____________ may promulgate rules authorizing a program in the use of electronic means for the taking and perfection of appeals

A

judicial department

40
Q

1122- Filing of papers on appeal to the appellate division by electronic means

(Bard) Such rules shall not require an unrepresented party or any attorney who furnishes a certificate stating they lack the necessary computer hardware, internet connection, scanner, or knowledge to participate in the electronic filing program to take or perfect an appeal by electronic means. (AKA the Dinosaur attorney provision)

A

1122- Filing of papers on appeal to the appellate division by electronic means

(Bard) Such rules shall not require an unrepresented party or any attorney who furnishes a certificate stating they lack the necessary computer hardware, internet connection, scanner, or knowledge to participate in the electronic filing program to take or perfect an appeal by electronic means. (AKA the Dinosaur attorney provision)

41
Q

1122- Filing of papers on appeal to the appellate division by electronic means

(BARD) Before promulgating rules for electronic filing, the appellate division must consult with the ________________ and provide an opportunity for review and comment by affected parties.
Affected parties include city, state, county and women’s bar associations, institutional legal service providers, not-for-profit legal service providers, 18B attorneys, unaffiliated attorneys who regularly appear, and any other persons in whose county a program has been implemented.

A

chief administrator of the courts

42
Q

1122- Filing of papers on appeal to the appellate division by electronic means

To the extent practicable, rules promulgated by the appellate division in each judicial department pursuant to this section shall____________

A

be uniform.

FCA - FUTURE CLERK 2023: THE CLERKENING (46 decks)

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