Article 11 Appeals Flashcards
FCA 1112 (b)
In any proceeding pursuant to article 10 FCA, where the court directs a return of the child placed in the custody of someone other than the respondent, the order:
(a) may be stayed until 5 PM of the next business day
(b) shall be stayed until 5 PM of the next day
(c) may be stayed until 5 PM of the next day
(d) shall be stayed until 5 PM of the next business day
(d) 1112 (b) FCA
The key words here are SHALL and the NEXT BUSINESS DAY. The automatic 1 day stay may be waived if all parties so stipulate in writing or on the record. The court may direct a stay for a longer period.
FCA 1113
An appeal must be taken no later than how many days after service upon the appellant of any order from which the appeal is taken?
(a) 15 days
(b) 20 days
(c) 30 days
(d) 35 days
(c) 1113 FCA
All such orders shall contain the following statement in conspicuous print: “Pursuant to section 1113 FCA an appeal must be taken within 30 days of receipt of the order by appellant in court, 35 days from the mailing of the order to the appellant by the clerk of the court or 30 days after service by a party or an attorney for the child upon the appellant which ever is earliest”.
FCA 1115
Which of the following statements is/are correct regarding a notice of appeal:
(1) notice shall be filed with the clerk of the appellate division
(2) notice shall be filed with the clerk of the family court
(3) notice shall be served on any adverse party
(a) 1 only
(b) 1 & 2 only
(c) 2 & 3 only
(d) 1,2 & 3
(c) 1115 FCA
The original notice of appeal is filed with the clerk of the family court in which the order was made and from which the order was taken. The notice shall be served on any adverse party and upon the child’s attorney, if any, as provided in CPLR 5515 sub. 1. The appellant shall file two copies of the notice with the clerk of the family court who shall transmit one copy of the notice to the clerk of the appropriate appellate division.
FCA 1115
The appellant shall file how many copies of the notice of appeal with the clerk of the family court?
(a) 2 copies
(b) 3 copies
(c) 5 copies
(d) 6 copies
(a) 1115 FCA
The appellant shall file 2 copies of the notice of appeal with the clerk of the family court who shall forthwith transmit one copy to the clerk of the appropriate appellate division.
FCA 1120 (b)
Which of the following statements regarding attorneys for children under article 11 FCA is/are correct?
(1) an appointment of an attorney to represent a child continues when a party files a notice of appeal
(2) an appointment continues when the attorney files a notice of appeal
(3) the attorney may apply to the court to be relieved of his or her appointment
(4) attorneys continuing to represent a person under 1120 FCA may be compensated
(a) 1 & 2 only
(b) 3 & 4 only
(c) 1,2 & 3 only
(d) 2,3 & 4 only
(c) 1120 (b),(e) FCA
An attorney appointed or continuing to represent a child automatically continues his or her representation whenever the attorney files a notice of appeal or a party to the original proceeding files an appeal. The attorney SHALL be compensated and shall be reimbursed for expenses reasonably incurred. The attorney 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.
FCA 1121 6. (b)
Counsel assigned or appointed pursuant to article 11 CPLR (Poor Persons) to represent a poor person on an appeal shall request preparation of the transcript of the proceedings appealed from, no later than how many days after receipt of the notice of the assignment to represent?
(a) 5 days
(b) 10 days
(c) 15 days
(d) 30 days
(b) 1121 (b)FCA
10 DAYS
FCA 1121 7.
How many days from the receipt of the request for the transcript by the appellant shall the court reporter supply such transcript?
(a) 5 days
(b) 10 days
(c) 15 days
(d) 30 days
(d) 1121 7. FCA
The transcript shall be completed within 30 days from the request, where practicable. If the transcript is not completed within such time the court reporter shall notify the administrative judge of the appropriate judicial district.
FCA 1121 7.
The appellant shall perfect the appeal within how many days of the receipt of the transcript of the proceeding appealed from
(a) 10 days
(b) 15 days
(c) 30 days
(d) 60 days
(d) 1121 7. FCA
The 60 day time limit is basic under section 1121 7., but be aware that the appellate division in each department may by rule prescribe other limitations (5530 (c) CPLR).
FCA 1111 T OR F
Appeals may be taken to the appellate division of the supreme court of the judicial district in which the family court is located.
(F) 1111 FCA
Appeals may be taken to the appellate division of the supreme court of the judicial DEPARTMENT in which the family court whose order is appealed from is located.
Reminder: There are 4 appellate division departments in New York state. Each department is made up of a number of judicial districts.
Example: The 2nd appellate division department includes the 2nd, 9th, 10th and 11th judicial districts.
FCA 1112 (a) T OR F
An appeal from an order in a case involving abuse or neglect may be taken as of right and shall be afforded a preference.
(T) 1112 (a) FCA
A preference in accordance with CPLR rule 5521 shall be offered without the necessity of a motion for appeals under FCA Article Three; parts one and two of Article Six; Article Seven; Article Ten and Article Ten-A.
FCA 1114
The timely filing of a notice of appeal automatically stays the order from which the appeal is taken.
(F) 1114 FCA
Except in limited circumstances involving orders issued in abuse or neglect proceedings, filing a notice of appeal does not automatically stay the order from which the appeal is taken.
FCA 1116 T OR F
In appeals under article 11 FCA, a printed case on appeal is required but a printed brief shall not be required When costs and disbursements on an appeal in a proceeding instituted by a social service official are awarded to a respondent, they shall be a county charge and paid by the county.
F) 1116 FCA
Neither a printed case on appeal nor a printed brief is required under this section. Counsel may file typewritten briefs and may also appeal on the complete original record.
FCA 1117
When costs and disbursements on an appeal in a proceeding instituted by a social service official are awarded to a respondent, they shall be charged to and paid by the county.
(T) 1117 FCA
As stated in the section.
FCA 1118 T OR F
The appointment of counsel and granting of poor person relief by the family court shall continue for the purpose of filing a notice of appeal.
(F) 1118 FCA
The appointment of counsel and granting of poor person relief 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.
FCA 1122 T OR F
Electronic means may be used to file matters relating to the Family Court.
(T) 1122 FCA
(Amended, 2022)
The process applies to the taking and perfection of appeals in accordance with Civil Practice Law and Rules, Section 2112.
