FCA Article 11

Question 1

FCA 1114 T/F?
The filing of an appeal stays the order from which the appeal is taken.

Answer 1

False.
The filing of an appeal does NOT stay the order from which the appeal is taken.

Question 2

FCA 1115 T/F?
Notice of appeal shall be set on the adverse party and law guardian, if any.

Answer 2

True

Question 3

FCA 1121 A transcript shall be completed within ___ days of the request.

Answer 3

30 days

Question 4

FCA 1111 An appeal from the FC goes to:

Answer 4

the appellate division of Supreme Court of judicial department where the FC is located.

Question 5

FCA 1112 T/F?
All FC orders are appealable as of right.

Answer 5

False.
All abuse and neglect orders are appealable as of right. All final orders are appealable as of right. Any other order may be appealed in the discretion of the appropriate appellate division.

Question 6

FCA 1113 An appeal from a FC order must be taken no later than: (the earliest of the 3 following situations):

Answer 6

a) 30 days after the receipt of the order by appellant in court, o
b) 35 days from the mailing of the order to the appellant by the clerk of the court, or
c) 30 days after personal service by party or law guardian upon appellant, whichever is earliest.

Question 7

FCA 1120 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?

Answer 7

It continues without the need for any further court order.