2006 New York Code - Applicability Of Civil Practice Law And Rules.

 
    §  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 indigent and to be eligible for assignment of
  counsel, 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.