Article 11 Flashcards
T/F? The filing of an appeal stays the order from which the appeal is taken
False
FCA 1114
T/F? Notice of appeal shall be served on the adverse party and law guardian, if any
True
FCA 1115
A transcript shall be completed within ___ days of the request
30 days
FCA 1121
An appeal from the FC goes to
appellate division of supreme court of judicial department where the FC is located
FCA 1111
T/F? All FC orders are appealable as of right
False
FCA 1112
An appeal from a FC order must be taken no later than: (the earliest of the 3 following situations)
a) 30 days after the receipt of the by appellant in court
b) 35 days from the mailing of the order to the appellant by the clerk of the court
c) 30 days after personal service by party or law guardian upon appellant, whichever is earliest
FCA 1113
An appeal is taken from a proceeding where a law guardian had been appointed to represent a child. What happens to the status of the law guardian?
It continues without the need for any further court order
FCA 1120
AN appeal from the FC is taken to
A. appellate term of the Supreme Court in judicial department where FC is located
B. appellate division of judicial department of where the FC is located
C. Court of appeals (Albany County)
D. none of the above
B. appellate division of judicial department of where the FC is located’
FCA 1111
Which of the following statements relating to an appeal from the FC is correct?
A. printed briefs are required
B. CPL provisions relating to appeals apply
C. appellant must file 2 copies of notice of appeal with clerk of FC
D. Appellate court may not appoint a law guardian
C. appellant must file 2 copies of notice of appeal with clerk of FC
FCA 1115
Appellant (person appealing) a FC order must file with the clerk of the FC
A. the original notice of appeal only
B. the original notice of appeal and one copy
C. the original notice of appeal and two copies
D. the original notice of appeal and three copies
C. the original notice of appeal and two copies
FCA 1115
Choose the best answer: Where a law guardian has been appointed to represent a child in a FC proceeding and thereafter an appeal is filed, the law guardian shall continue in his capacity without further court order where
A. the law guardian has filed the appeal
B. a party in action has filed a notice of appeal
C. only if he so consents
D. A and B are correct, but not C
D. A and B are correct, but not C
FCA 1120
Choose the best answer: Which of the following FC orders is/are appealable as of right?
A. any final order
B. any intermediate order involving abuse
C. any intermediate or final order
D. A and B, but not C
D. A and B, but not C
FCA 1112
An appeal from a FC order must be taken within
A. 30 days from last hearing date
B. 30 days after service of order on appellant in court
C. 30 days from date of order
D. 35 days after receipt of order by appellant in court
B. 30 days after service of order on appellant in court
FCA 1113
Which of the following is false? An appeal from a FC order
A. stays the order from which the appeal has been taken
B. must be taken within 30 days after service of order upon the appellant in court
C. stays execution, if so ordered by appellate division
D. requires the service of a notice of appeal
A. stays the order from which the appeal has been taken
FCA 1114
Which of the following statements is false?
A. The filing of an appeal stays the order form which the appeal is taken
B. a justice of the appellate court may stay execution of the order being appealed
C. Appellate court judge may order surety by written undertaking to stay a support order being appealed
D. A notice of appeal shall be served on the adverse party and law guardian, if any
A. The filing of an appeal stays the order form which the appeal is taken
FCA 1114
