| APPEALS |
| Assigned Counsel Defender Plan of Suffolk County, 120 Fourth Avenue, Box 5591, Bay Shore, NY 11706 Phone: 631-666-2500, Fax: 631-666-8401, Email: Admin@suffolk18b.org |
Suffolk 18B.org
|
To help expedite the
processing of appeals
vouchers, the Appellate
Division has implemented
changes in voucher policy,
effective April 1, 2011. Select
the below links to read about
the changes and to access
the new worksheet.
Changes in Voucher Policy
Appeal Worksheet
processing of appeals
vouchers, the Appellate
Division has implemented
changes in voucher policy,
effective April 1, 2011. Select
the below links to read about
the changes and to access
the new worksheet.
Changes in Voucher Policy
Appeal Worksheet
Section 691.16 of the Appellate Division Rules specifically prohibits Panelists from
accepting private retainers from any Indigent defendants. The language reads as
follows:
(b) No attorney assigned by a court as counsel for an indigent defendant in any
criminal case shall, during the pendency thereof, accept a private retainer to represent
the defendant in that or any other case.
(a) Upon conviction in the trial court or upon denial in that court of a motion made
pursuant to CPL 440.10 or 440.20 or the denial or dismissal of an application in a
habeas corpus or CPLR article 78 proceeding, it shall be the duty of the counsel for the
defendant, immediately after the pronouncement of the sentence or after service upon
him of a copy of the order denying the motion or of the order or judgment denying or
dismissing the application, to give, either by mail or personally, written notice to his
client advising him of his right to appeal or to make application for permission to appeal
or for a certificate granting leave to appeal pursuant to CPL 460.10 (subdivision 4); and
requesting his written instructions as to whether he desires to take an appeal or make
such application.
accepting private retainers from any Indigent defendants. The language reads as
follows:
(b) No attorney assigned by a court as counsel for an indigent defendant in any
criminal case shall, during the pendency thereof, accept a private retainer to represent
the defendant in that or any other case.
(a) Upon conviction in the trial court or upon denial in that court of a motion made
pursuant to CPL 440.10 or 440.20 or the denial or dismissal of an application in a
habeas corpus or CPLR article 78 proceeding, it shall be the duty of the counsel for the
defendant, immediately after the pronouncement of the sentence or after service upon
him of a copy of the order denying the motion or of the order or judgment denying or
dismissing the application, to give, either by mail or personally, written notice to his
client advising him of his right to appeal or to make application for permission to appeal
or for a certificate granting leave to appeal pursuant to CPL 460.10 (subdivision 4); and
requesting his written instructions as to whether he desires to take an appeal or make
such application.
shall promptly serve and file the necessary formal notice of appeal or application to the appropriate appellate court. If the
application be granted, then, within the time limitations and in the manner provided in CPL 460.10 (subdivision 4), counsel
shall also file the order or certificate granting leave to appeal together with a written notice of appeal. Unless counsel shall
have been retained to prosecute the appeal, the notice of appeal in every case shall contain the additional statement that it is
being served and filed on appellant’s behalf pursuant to this rule and that it shall not be deemed to be counsel’s appearance
as appellant’s attorney upon the appeal.
(b) In counsel’s written notice to his client advising him of the right to appeal or to make application for permission to appeal
or for a certificate granting leave to appeal, counsel shall also set forth:
(1) The applicable time limitations with respect to the making of the application for permission to appeal or for a certificate
granting leave to appeal and the prosecution of the appeal;
(2) The manner of instituting the appeal and, if a trial or hearing was held and stenographic minutes taken, the manner of
obtaining a typewritten transcript of such minutes; and
(3) The appellant’s right, upon proof of his financial inability to retain counsel and to pay the costs and expenses of the
appeal, to make application to the appellate court for the following relief: for the assignment of counsel to prosecute the
appeal; for leave to prosecute the appeal as a poor person and to dispense with printing; and if stenographic minutes were
taken, for a direction to the clerk and the stenographer of the trial court that a typewritten transcript of such minutes be
furnished without charge to the appellant’s assigned counsel or, if appellant prosecutes the appeal pro se, to appellant.
(4) In such notice counsel shall also request the written instructions of his client, and if the client thereafter gives counsel
timely written notice of his desire to make application for permission to appeal or for a certificate granting leave to appeal or
to apply for the relief provided in paragraph (3) hereof, or to make any one or all of these applications, counsel shall proceed
promptly to do so.
(c) Counsel shall also advise the client that in those cases where permission to appeal or where certificates granting leave to
appeal are required, applications for the foregoing relief will be considered only if, as and when such permission is granted or
such certificate is issued.
(d) In the event the People are the appellant and they elect to serve a copy of their notice of appeal, upon the defendant,
pursuant to their authority to do so’under CPL 460.10, subdivision (c), they shall also serve a copy thereof upon the attorney
who last appeared for the defendant in the court in which the order or sentence being appealed was entered.
(e) If, pursuant to CPL 460.10, subdivision 1(c), the People as appellant elect to serve a copy of their notice of appeal in the
first instance upon the attorney who last appeared for the defendant in the court in which the order or sentence being
appealed was entered, or if they serve the attorney as required in subdivision (d) hereof, it shall be the duty of the attorney
so served to give, either by mail or personally, written notice to his client confirming the fact that such appeal has been taken
by the People. Such notice shall also advise his client of his right (1) to retain counsel to represent him as respondent on the
appeal, or (2) to respond to the appeal pro se, or (3) upon proof of his financial inability to retain counsel and to pay the cost
and expenses of responding to the appeal, to make application to the appellate court for the following relief: for the
assignment of counsel to represent him as the respondent on the appeal; for leave to respond to the appeal as a poor
person and to dispense with printing; and, if stenographic minutes were taken, for a direction to the clerk and the
stenographer of the trial court that a typewritten transcript, of such minutes be furnished without charge to the respondent’s
assigned counsel or, if the defendant appears as respondent pro Se, to respondent. In such notice counsel shall also request
the written instructions of his client, and, if the client thereafter gives counsel timely written notice of his desire to make such
application, counsel shall proceed promptly to do so.
(f) In the event, however, the attorney was the defendant’s assigned counsel in the court in which the order or sentence being
appealed was entered, such assignment shall remain in effect and counsel shall continue to represent the defendant as,the
respondent on the appeal until entry of the order determining the appeal and until counsel shall have performed any
additional applicable duties imposed upon him by these rules, or until counsel shall have been otherwise relieved of his
assignment. In the event the assignment remains in effect as herein provided, the written notice to the client as provided in
subdivision (e) hereof may be dispensed with, except to the extent of confirming the fact that such appeal has been taken by
the People.
(a) Immediately after entry of the order of the appellate division or other intermediate appellate court affirming the judgment of
conviction or sentence or the order denying a motion made pursuant to CPL 440.10 or 440.20 or the order or judgment
denying or dismissing a habeas corpus or CPLR Article 78 application or proceeding, it shall be the duty of the counsel for
the defendant to give, either by mail or personally, written notice to his client advising him:
(1) Of his right to make application for permission to take a further appeal or for a certificate granting leave to appeal to the
Court of Appeals; and
(2) In the event such permission is granted or such certificate is issued, of his additional right, upon proof of his financial
inability to retain counsel an~1 to pay the costs and expenses of such further appeal, to make a concurrent application to the
Court of Appeals for the assignment of counsel and for leave to prosecute such further appeal as a poor person and to
dispense with printing. In such notice counsel shall also request the written instructions of his client. If the client thereafter
gives to counsel timely written notice of his desire to make either or both of such applications, counsel shall proceed promptly
to do so.
(b) In a habeas corpus or CPLR article 78 proceeding, however, if any two judges shall have dissented from the affirmance
and if the dissent is on a stated question of law in relator’s or petitioner’s favor, counsel in his said written notice shall advise
his client of his absolute right, without permission, to take a further appeal to the Court of Appeals. Upon receiving from the
client written notice of his desire to prosecute such appeal, counsel shall file and serve promptly a formal notice of appeal
accordingly. Unless counsel shall have been retained to prosecute the appeal, the notice of appeal shall contain the
additional statement that it is being served and filed on appellant’s behalf pursuant to this rule and that it shall not be deemed
counsel’s appearance as appellant’s attorney upon the appeal.
(c) In the event the People are the appellant and they elect to serve a copy of their notice of appeal upon the defendant
pursuant to their authority to do so under CPL 460.10, subdivision 5 (c ), they shall also serve a copy therof upon the
attorney who appeared for the defendant in the intermediate court.
(d) If, pursuant to said CPL 460.10, subdivision 5 (c ), the People as appellant elect in the first instance to serve a copy of
their notice of appeal on the attorney who appeared for the defendant in the intermediate appellate court, or, if they serve the
attorney as required in subdivision (c) of this section, it shall be the duty of counsel for the defendant to give, either by mail or
personally, written notice to his client confirming the fact that such appeal has been taken by the People. Such notice shall
also advise him of his right (1) to retain counsel to represent him as respondent on the appeal, or (2) to respond to the
appeal, pro se, or (3) upon proof of his financial inability to retain counsel and to pay the costs and expenses of responding
to such appeal, to apply to the Court of Appeals for the assignment of counsel, for leave to respond to the appeal as a poor
person and to dispense with printing. In such notice counsel shall also request the written instructions of his client. If the client
thereafter gives counsel timely written notice of his desire to make such application, counsel shall proceed promptly to do so.
(e) In the event the appeal by the People results in an order of an intermediate appellate court adverse or partially adverse to
the defendant-respondent. It shall be the duty of counsel to comply with the written notice provisions of subdivision (a) of this
section applicable to an affirmance on an appeal by the defendant except that the term “further appeal” in paragraphs (1)
and (2) thereof shall be deemed to read “appeal.”
If a defendant shall have appeared pro se in the trial court, then, upon imposing sentence or upon the denial of a motion
made pursuant to CPL 440.10 or 440.20 or the denial or dismissal of the habeas corpus or CPLR Article 78 application or
proceeding, the trial court shall concurrently advise the defendant of his right to appeal or to make application for permission
to appeal or for a certificate granting leave to ‘appeal, as the case may be. The court shall also concurrently advise the
defendant of his additional right, upon proof of his financial inability to retain counsel and to pay the cost and expenses of the
appeal, to apply to the appellate court for the assignment of counsel and for leave to prosecute the appeal as a poor person
and to dispense with printing; and that where permission to appeal or a certificate granting leave to appeal is required, such
application for poor person relief will be entertained only if, as and when such permission or certificate is granted. If in open
court the defendant orally so requests or if thereafter he so requests in writing and such written request be timely received by
the clerk of the trial court, said clerk shall forthwith prepare and serve and file an appropriate notice of appeal on defendant’s
behalf, or, if a certificate granting leave to appeal is required, serve and file the application therefore in accordance with the
rule hereinabove provided with respect to such application. As a part of every such application the clerk shall annex and
transmit the original record of the proceedings to the appellate court. Upon the determination of the application, the original
record of the proceedings shall be returned to the trial court together with a certified copy of the order entered upon the
application. A certified copy of such order shall also be sent to the defendant at his address shown in the application.
On an appeal from a judgment of conviction or sentence or on an appeal from an order denying a motion made pursuant to
CPL 440.10 or 440.20, if the defendant shall have appeared pro se and if the judgment, sentence or order shall have been
affirmed, the copy of the order of affirmance which the People’s counsel thereafter serves on the defendant shall have
annexed or appended thereto or endorsed thereon the following notice:
Pursuant to CPL 460.20, within 30 days after service upon you of a copy of the order of affirmance with notice of its entry,
you have the right to apply for a certificate granting leave to take a further appeal to the Court of Appeals. Such application
must be made either to the Chief Judge of the Court of Appeals by submitting it to the clerk of that court, as prescribed in CPL
460.20 (subdivisions 3b and 4), or to a justice of the Appellate Division of the Supreme Court in this department, as
prescribed in section 670.7 of these rules and in CPL 460.20 (subdivisions 3a and 4).
The denial of such application by the first judge or justice to whom it is presented is final; thereafter a new application may not
be made to any other judge or justice.
On an appeal from a judgment or order denying or dismissing a habeas corpus or a CPLR Article 78 application or
proceeding, if the defendant shall have appeared pro se and if the judgment or order shall have been affirmed or modified,
the copy of the order which the People’s counsel thereafter serves on the defendant shall have annexed or appended thereto
or endorsed thereon the following notice:
If the affirmance by the Appellate Division is unanimous, then, pursuant to statute (CPLR 5602), within 30 days after service
upon you a copy of the order of affirmance with notice of its entry, you may make application for permission to take a further
appeal to the Court of Appeals. Such application must be made either: to the Appellate Division, or, upon its refusal, to the
Court of Appeals; or directly to the Court of Appeals without first applying to the Appellate Division. If such permission be
granted by either court, the appeal to the Court of Appeals will be deemed to have been taken without the necessity of
serving or filing a formal notice of appeal.
If the affirmance by the Appellate Division is not unanimous and if the dissent is in your favor with respect to a stated question
of law; or if the judgment or order appealed from be modified in a substantial respect, and if you are aggrieved by the
modification and it is one which is within the power of the Court of Appeals to review, then, pursuant to statute (CPLR 5513,
5515, 5601), within 30 days after service upon you of a copy of the order with notice of its entry, you have the right (without
permission) to take a further appeal to the Court of Appeals by serving your notice of appeal on the adverse party or upon
his attorney and by filing such notice in the office’where the judgment or order of the court of original instance was entered.
(a) Upon the entry of an order in the Surrogate’s Court and Family Court from which an appeal may be taken, it shall be the
duty of assigned counsel for the unsuccessful party, immediately after the entry of the order, to give either by mail or
personally, written notice to the client advising of the right to appeal or to make application for permission to appeal, and
request written instructions as to whether he or she desires to take an appeal or to make such application. Thereafter, if the
client gives to counsel timely written notice of his or her desire to appeal or to make such application, counsel shall promptly
serve and file the necessary formal notice of appeal, or make application to this court for permission to appeal. Unless
counsel shall have been retained to prosecute the appeal, the notice of appeal may contain the additional statement that it is
being served and filed on appellant’s behalf pursuant to this rule and that it shall not be deemed to be counsel’s appearance
as appellant’s attorney on the appeal.
(b) In counsel’s written notice to the client advising of the right to appeal or to make application for permission to appeal,
counsel shall also set forth:
(1) The applicable time limitations with respect to the taking of the appeal or the making of the application for permission to
appeal:
(2) The manner of instituting the appeal, and, if a trial or hearing was held and stenographic minutes taken, the manner of
obtaining a typewritten transcript of such minutes:
(3) The client’s right, upon proof of his or her financial inability to retain counsel and to pay the costs and expenses of the
appeal, to make application to this court for the assignment of counsel to prosecute, the appeal; and, if stenographic minutes
were taken, for a direction to the clerk and the stenographer of the trial court that a typewritten transcript of such minutes be
furnished without charge to assigned counsel or, if the client prosecutes the appeal pro Se, to the client; and
(4) In such notice counsel shall also request the written instructions of his client, and if the client thereafter gives counsel
timely written notice of his or her desire to make application for permission to appeal or to apply for the relief provided in
paragraph (3), or to make any one or all of these applications, counsel shall proceed promptly to do so.
(c) Counsel shall also advise the client that in those cases where permission to appeal is required, applications for the
foregoing relief will be considered only if such permission is granted.
(d) If the assigned counsel represented the successful party in the court in which the order being appealed was entered, such
assignment shall remain in effect and counsel shall continue to represent the successful party as the respondent on the
appeal until entry of the order determining the appeal and until counsel shall have performed any additional applicable duties
imposed upon him or her by these rules, or until counsel shall have been otherwise relieved of his assignment.
Attorney's Certificate of Appellant's Continued Eligibility for Poor Person Relief and Assignment of Counsel on Appeal
application be granted, then, within the time limitations and in the manner provided in CPL 460.10 (subdivision 4), counsel
shall also file the order or certificate granting leave to appeal together with a written notice of appeal. Unless counsel shall
have been retained to prosecute the appeal, the notice of appeal in every case shall contain the additional statement that it is
being served and filed on appellant’s behalf pursuant to this rule and that it shall not be deemed to be counsel’s appearance
as appellant’s attorney upon the appeal.
(b) In counsel’s written notice to his client advising him of the right to appeal or to make application for permission to appeal
or for a certificate granting leave to appeal, counsel shall also set forth:
(1) The applicable time limitations with respect to the making of the application for permission to appeal or for a certificate
granting leave to appeal and the prosecution of the appeal;
(2) The manner of instituting the appeal and, if a trial or hearing was held and stenographic minutes taken, the manner of
obtaining a typewritten transcript of such minutes; and
(3) The appellant’s right, upon proof of his financial inability to retain counsel and to pay the costs and expenses of the
appeal, to make application to the appellate court for the following relief: for the assignment of counsel to prosecute the
appeal; for leave to prosecute the appeal as a poor person and to dispense with printing; and if stenographic minutes were
taken, for a direction to the clerk and the stenographer of the trial court that a typewritten transcript of such minutes be
furnished without charge to the appellant’s assigned counsel or, if appellant prosecutes the appeal pro se, to appellant.
(4) In such notice counsel shall also request the written instructions of his client, and if the client thereafter gives counsel
timely written notice of his desire to make application for permission to appeal or for a certificate granting leave to appeal or
to apply for the relief provided in paragraph (3) hereof, or to make any one or all of these applications, counsel shall proceed
promptly to do so.
(c) Counsel shall also advise the client that in those cases where permission to appeal or where certificates granting leave to
appeal are required, applications for the foregoing relief will be considered only if, as and when such permission is granted or
such certificate is issued.
(d) In the event the People are the appellant and they elect to serve a copy of their notice of appeal, upon the defendant,
pursuant to their authority to do so’under CPL 460.10, subdivision (c), they shall also serve a copy thereof upon the attorney
who last appeared for the defendant in the court in which the order or sentence being appealed was entered.
(e) If, pursuant to CPL 460.10, subdivision 1(c), the People as appellant elect to serve a copy of their notice of appeal in the
first instance upon the attorney who last appeared for the defendant in the court in which the order or sentence being
appealed was entered, or if they serve the attorney as required in subdivision (d) hereof, it shall be the duty of the attorney
so served to give, either by mail or personally, written notice to his client confirming the fact that such appeal has been taken
by the People. Such notice shall also advise his client of his right (1) to retain counsel to represent him as respondent on the
appeal, or (2) to respond to the appeal pro se, or (3) upon proof of his financial inability to retain counsel and to pay the cost
and expenses of responding to the appeal, to make application to the appellate court for the following relief: for the
assignment of counsel to represent him as the respondent on the appeal; for leave to respond to the appeal as a poor
person and to dispense with printing; and, if stenographic minutes were taken, for a direction to the clerk and the
stenographer of the trial court that a typewritten transcript, of such minutes be furnished without charge to the respondent’s
assigned counsel or, if the defendant appears as respondent pro Se, to respondent. In such notice counsel shall also request
the written instructions of his client, and, if the client thereafter gives counsel timely written notice of his desire to make such
application, counsel shall proceed promptly to do so.
(f) In the event, however, the attorney was the defendant’s assigned counsel in the court in which the order or sentence being
appealed was entered, such assignment shall remain in effect and counsel shall continue to represent the defendant as,the
respondent on the appeal until entry of the order determining the appeal and until counsel shall have performed any
additional applicable duties imposed upon him by these rules, or until counsel shall have been otherwise relieved of his
assignment. In the event the assignment remains in effect as herein provided, the written notice to the client as provided in
subdivision (e) hereof may be dispensed with, except to the extent of confirming the fact that such appeal has been taken by
the People.
(a) Immediately after entry of the order of the appellate division or other intermediate appellate court affirming the judgment of
conviction or sentence or the order denying a motion made pursuant to CPL 440.10 or 440.20 or the order or judgment
denying or dismissing a habeas corpus or CPLR Article 78 application or proceeding, it shall be the duty of the counsel for
the defendant to give, either by mail or personally, written notice to his client advising him:
(1) Of his right to make application for permission to take a further appeal or for a certificate granting leave to appeal to the
Court of Appeals; and
(2) In the event such permission is granted or such certificate is issued, of his additional right, upon proof of his financial
inability to retain counsel an~1 to pay the costs and expenses of such further appeal, to make a concurrent application to the
Court of Appeals for the assignment of counsel and for leave to prosecute such further appeal as a poor person and to
dispense with printing. In such notice counsel shall also request the written instructions of his client. If the client thereafter
gives to counsel timely written notice of his desire to make either or both of such applications, counsel shall proceed promptly
to do so.
(b) In a habeas corpus or CPLR article 78 proceeding, however, if any two judges shall have dissented from the affirmance
and if the dissent is on a stated question of law in relator’s or petitioner’s favor, counsel in his said written notice shall advise
his client of his absolute right, without permission, to take a further appeal to the Court of Appeals. Upon receiving from the
client written notice of his desire to prosecute such appeal, counsel shall file and serve promptly a formal notice of appeal
accordingly. Unless counsel shall have been retained to prosecute the appeal, the notice of appeal shall contain the
additional statement that it is being served and filed on appellant’s behalf pursuant to this rule and that it shall not be deemed
counsel’s appearance as appellant’s attorney upon the appeal.
(c) In the event the People are the appellant and they elect to serve a copy of their notice of appeal upon the defendant
pursuant to their authority to do so under CPL 460.10, subdivision 5 (c ), they shall also serve a copy therof upon the
attorney who appeared for the defendant in the intermediate court.
(d) If, pursuant to said CPL 460.10, subdivision 5 (c ), the People as appellant elect in the first instance to serve a copy of
their notice of appeal on the attorney who appeared for the defendant in the intermediate appellate court, or, if they serve the
attorney as required in subdivision (c) of this section, it shall be the duty of counsel for the defendant to give, either by mail or
personally, written notice to his client confirming the fact that such appeal has been taken by the People. Such notice shall
also advise him of his right (1) to retain counsel to represent him as respondent on the appeal, or (2) to respond to the
appeal, pro se, or (3) upon proof of his financial inability to retain counsel and to pay the costs and expenses of responding
to such appeal, to apply to the Court of Appeals for the assignment of counsel, for leave to respond to the appeal as a poor
person and to dispense with printing. In such notice counsel shall also request the written instructions of his client. If the client
thereafter gives counsel timely written notice of his desire to make such application, counsel shall proceed promptly to do so.
(e) In the event the appeal by the People results in an order of an intermediate appellate court adverse or partially adverse to
the defendant-respondent. It shall be the duty of counsel to comply with the written notice provisions of subdivision (a) of this
section applicable to an affirmance on an appeal by the defendant except that the term “further appeal” in paragraphs (1)
and (2) thereof shall be deemed to read “appeal.”
If a defendant shall have appeared pro se in the trial court, then, upon imposing sentence or upon the denial of a motion
made pursuant to CPL 440.10 or 440.20 or the denial or dismissal of the habeas corpus or CPLR Article 78 application or
proceeding, the trial court shall concurrently advise the defendant of his right to appeal or to make application for permission
to appeal or for a certificate granting leave to ‘appeal, as the case may be. The court shall also concurrently advise the
defendant of his additional right, upon proof of his financial inability to retain counsel and to pay the cost and expenses of the
appeal, to apply to the appellate court for the assignment of counsel and for leave to prosecute the appeal as a poor person
and to dispense with printing; and that where permission to appeal or a certificate granting leave to appeal is required, such
application for poor person relief will be entertained only if, as and when such permission or certificate is granted. If in open
court the defendant orally so requests or if thereafter he so requests in writing and such written request be timely received by
the clerk of the trial court, said clerk shall forthwith prepare and serve and file an appropriate notice of appeal on defendant’s
behalf, or, if a certificate granting leave to appeal is required, serve and file the application therefore in accordance with the
rule hereinabove provided with respect to such application. As a part of every such application the clerk shall annex and
transmit the original record of the proceedings to the appellate court. Upon the determination of the application, the original
record of the proceedings shall be returned to the trial court together with a certified copy of the order entered upon the
application. A certified copy of such order shall also be sent to the defendant at his address shown in the application.
On an appeal from a judgment of conviction or sentence or on an appeal from an order denying a motion made pursuant to
CPL 440.10 or 440.20, if the defendant shall have appeared pro se and if the judgment, sentence or order shall have been
affirmed, the copy of the order of affirmance which the People’s counsel thereafter serves on the defendant shall have
annexed or appended thereto or endorsed thereon the following notice:
Pursuant to CPL 460.20, within 30 days after service upon you of a copy of the order of affirmance with notice of its entry,
you have the right to apply for a certificate granting leave to take a further appeal to the Court of Appeals. Such application
must be made either to the Chief Judge of the Court of Appeals by submitting it to the clerk of that court, as prescribed in CPL
460.20 (subdivisions 3b and 4), or to a justice of the Appellate Division of the Supreme Court in this department, as
prescribed in section 670.7 of these rules and in CPL 460.20 (subdivisions 3a and 4).
The denial of such application by the first judge or justice to whom it is presented is final; thereafter a new application may not
be made to any other judge or justice.
On an appeal from a judgment or order denying or dismissing a habeas corpus or a CPLR Article 78 application or
proceeding, if the defendant shall have appeared pro se and if the judgment or order shall have been affirmed or modified,
the copy of the order which the People’s counsel thereafter serves on the defendant shall have annexed or appended thereto
or endorsed thereon the following notice:
If the affirmance by the Appellate Division is unanimous, then, pursuant to statute (CPLR 5602), within 30 days after service
upon you a copy of the order of affirmance with notice of its entry, you may make application for permission to take a further
appeal to the Court of Appeals. Such application must be made either: to the Appellate Division, or, upon its refusal, to the
Court of Appeals; or directly to the Court of Appeals without first applying to the Appellate Division. If such permission be
granted by either court, the appeal to the Court of Appeals will be deemed to have been taken without the necessity of
serving or filing a formal notice of appeal.
If the affirmance by the Appellate Division is not unanimous and if the dissent is in your favor with respect to a stated question
of law; or if the judgment or order appealed from be modified in a substantial respect, and if you are aggrieved by the
modification and it is one which is within the power of the Court of Appeals to review, then, pursuant to statute (CPLR 5513,
5515, 5601), within 30 days after service upon you of a copy of the order with notice of its entry, you have the right (without
permission) to take a further appeal to the Court of Appeals by serving your notice of appeal on the adverse party or upon
his attorney and by filing such notice in the office’where the judgment or order of the court of original instance was entered.
(a) Upon the entry of an order in the Surrogate’s Court and Family Court from which an appeal may be taken, it shall be the
duty of assigned counsel for the unsuccessful party, immediately after the entry of the order, to give either by mail or
personally, written notice to the client advising of the right to appeal or to make application for permission to appeal, and
request written instructions as to whether he or she desires to take an appeal or to make such application. Thereafter, if the
client gives to counsel timely written notice of his or her desire to appeal or to make such application, counsel shall promptly
serve and file the necessary formal notice of appeal, or make application to this court for permission to appeal. Unless
counsel shall have been retained to prosecute the appeal, the notice of appeal may contain the additional statement that it is
being served and filed on appellant’s behalf pursuant to this rule and that it shall not be deemed to be counsel’s appearance
as appellant’s attorney on the appeal.
(b) In counsel’s written notice to the client advising of the right to appeal or to make application for permission to appeal,
counsel shall also set forth:
(1) The applicable time limitations with respect to the taking of the appeal or the making of the application for permission to
appeal:
(2) The manner of instituting the appeal, and, if a trial or hearing was held and stenographic minutes taken, the manner of
obtaining a typewritten transcript of such minutes:
(3) The client’s right, upon proof of his or her financial inability to retain counsel and to pay the costs and expenses of the
appeal, to make application to this court for the assignment of counsel to prosecute, the appeal; and, if stenographic minutes
were taken, for a direction to the clerk and the stenographer of the trial court that a typewritten transcript of such minutes be
furnished without charge to assigned counsel or, if the client prosecutes the appeal pro Se, to the client; and
(4) In such notice counsel shall also request the written instructions of his client, and if the client thereafter gives counsel
timely written notice of his or her desire to make application for permission to appeal or to apply for the relief provided in
paragraph (3), or to make any one or all of these applications, counsel shall proceed promptly to do so.
(c) Counsel shall also advise the client that in those cases where permission to appeal is required, applications for the
foregoing relief will be considered only if such permission is granted.
(d) If the assigned counsel represented the successful party in the court in which the order being appealed was entered, such
assignment shall remain in effect and counsel shall continue to represent the successful party as the respondent on the
appeal until entry of the order determining the appeal and until counsel shall have performed any additional applicable duties
imposed upon him or her by these rules, or until counsel shall have been otherwise relieved of his assignment.
Attorney's Certificate of Appellant's Continued Eligibility for Poor Person Relief and Assignment of Counsel on Appeal
| § 671.3 Additional Duties of Defendant’s Counsel in the Trial Court |
| §671.4 Additional Duties of Defendant’s Counsel in Appellate Division or Other Intermediate Appellate Court |
| §671.5 Additional Duties of the Court and the Court Clerk, Where Defendant Appeals Pro Se in the Trial Court |
| §671.6 Additional Duties of Counsel for the People, Where Defendant Appears Pro Se in Appellate Court on Appeal in Criminal Action or Proceeding Instituted Upon Motion Made Pursuant to CPL 440.10 or 440.20 |
| § 671.7 Additional Duties of Counsel for the People, Where Defendant Appears Pro Se in appellate Court on Appeal in Habeas Corpus or CPLR Article 78 Proceeding |
| NOTICE AS TO FURTHER APPEAL |
| § 671.10 Duties of Assigned Counsel in the Surrogate’s Court and the Family Court |
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| ANNOUNCEMENTS |