Laws of New York (Last Updated: November 21, 2014) |
FCT Family Court |
Article 7. PROCEEDINGS CONCERNING WHETHER A PERSON IS IN NEED OF SUPERVISION |
Part 5. ORDERS |
Section 760. Duties of counsel or law guardian
Latest version.
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1. If the court has entered a dispositional order pursuant to section seven hundred fifty-four it shall be the duty of the respondent's counsel or law guardian to promptly advise such respondent and if his parent or other person responsible for his care is not the petitioner, such parent or other person responsible for his care, in writing of his right to appeal to the appropriate appellate division of the supreme court, the time limitations involved, the manner of instituting an appeal and obtaining a transcript of the testimony and the right to apply for leave to appeal as a poor person if he is unable to pay the cost of an appeal. It shall be the further duty of such counsel or law guardian to explain to the respondent and if his parent or other person responsible for his care is not the petitioner, such parent or person responsible for his care, the procedures for instituting an appeal, the possible reasons upon which an appeal may be based and the nature and possible consequences of the appellate process. 2. It shall also be the duty of such counsel or law guardian to ascertain whether the respondent wishes to appeal and, if so, to serve and file the necessary notice of appeal. 3. If the respondent has been permitted to waive the appointment of a law guardian pursuant to section two hundred forty-nine-a, it shall be the duty of the court to provide the notice and explanation pursuant to subdivision one and, if the respondent indicates that he wishes to appeal, the clerk of the court shall file and serve the notice of appeal.