2006 New York Code - Counsel Or Law Guardian On Appeal.

 
    §  1120.  Counsel  or  law guardian on appeal. (a) Upon an appeal in a
  proceeding under this act, the appellate division to which  such  appeal
  is  taken,  or is sought to be taken, shall assign counsel to any person
  upon a showing that such person is  one  of  the  persons  described  in
  section  two  hundred sixty-two of this act and is financially unable to
  obtain independent counsel or  upon  certification  by  an  attorney  in
  accordance  with  section  eleven  hundred eighteen of this article. The
  appellate division to which such appeal is taken, or  is  sought  to  be
  taken,  may in its discretion assign counsel to any party to the appeal.
  Counsel assigned under this  section  shall  be  compensated  and  shall
  receive  reimbursement  for  expenses  reasonably  incurred  in the same
  manner provided by section seven hundred twenty-two-b of the county law.
  The appointment of counsel 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.  Counsel  may  be  relieved  of  his  or  her
  representation  upon  application  to  the  court to which the appeal is
  taken for termination of the appointment, by the court on its own motion
  or, in the case of a motion for leave to appeal to the court of appeals,
  upon application to the appellate  division.  Upon  termination  of  the
  appointment  of  counsel  for an indigent party the court shall promptly
  appoint another attorney.
    (b) Whenever a law guardian has been appointed  by  the  family  court
  pursuant  to  section  two hundred forty-nine of this act to represent a
  child in a proceeding described therein, the appointment shall  continue
  without further court order or appointment where (i) the law guardian on
  behalf  of  the child files a notice of appeal, or (ii) where a party to
  the original proceeding files a notice of appeal. The law  guardian  may
  be relieved of his representation upon application to the court to which
  the appeal is taken for termination of the appointment. Upon approval of
  such application the court shall appoint another law guardian.
    (c) An appellate court may appoint a law guardian to represent a child
  in an appeal in a proceeding originating in the family court where a law
  guardian  was not representing the child at the time of the entry of the
  order appealed from or at the time of  the  filing  of  the  motion  for
  permission  to  appeal  and when independent legal representation is not
  available to such child.
    (d) Nothing in this section shall be deemed to relieve  law  guardians
  of  their duties pursuant to subdivision one of sections 354.2 and seven
  hundred sixty of this act.
    (e) Law guardians appointed or continuing to represent a person  under
  this  section  shall  be compensated and shall receive reimbursement for
  expenses reasonably incurred in the  same  manner  provided  by  section
  thirty-five of the judiciary law.
    (f)  In  any  case  where a law guardian is or shall be representing a
  child in an appellate proceeding pursuant to subdivision (b) or  (c)  of
  this  section,  such  law  guardian  shall  be served with a copy of the
  notice of appeal.