Section 1118. Applicability of civil practice law and rules

The provisions
  of the civil practice law and rules apply where appropriate  to  appeals
  under this article, provided, however, that the fees required by section
  eight  thousand twenty-two of the civil practice law and rules shall not
  be required where the attorney for the appellant  or  attorney  for  the
  movant,  as applicable, certifies that such appellant or movant has been
  assigned counsel or a law  guardian  pursuant  to  section  two  hundred
  forty-nine,  two  hundred sixty-two or eleven hundred twenty of this act
  or section seven hundred twenty-two of the county law, or is represented
  by a legal aid society or a legal services program  or  other  nonprofit
  organization,  which  has as its primary purpose the furnishing of legal
  services to indigent persons, or by private counsel working on behalf of
  or under the  auspices  of  such  society  or  organization.  Where  the
  attorney  for  the appellant or the attorney for the movant certifies in
  accordance with procedures  established  by  the  appropriate  appellate
  division  that  the  appellant  or movant has been represented in family
  court by assigned counsel or a law guardian,  pursuant  to  section  two
  hundred  forty-nine,  two  hundred sixty-two or eleven hundred twenty of
  this act or section seven hundred twenty-two of the county  law,  or  is
  represented  by  a  legal  aid society or legal services program or some
  other nonprofit organization, which  has  as  its  primary  purpose  the
  furnishing  of legal services to indigent persons, or by private counsel
  working on behalf or under the auspices of such society or organization,
  and that the appellant, who has indicated an  intention  to  appeal,  or
  movant,  continues  to be eligible for assignment of counsel and, in the
  case of counsel assigned to represent an adult party,  continues  to  be
  indigent,  the  appellant  or movant shall be presumed eligible for poor
  person relief pursuant to  section  eleven  hundred  one  of  the  civil
  practice  law  and rules and for assignment of counsel on appeal without
  further motion. 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.