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The New York Poor Person Form is a crucial document for individuals seeking to appeal a Family Court decision without the financial means to afford the associated costs. Specifically designed by the New York Supreme Court, Appellate Division, Third Judicial Department, this form enables eligible appellants to request permission to proceed as a poor person, thereby waiving certain fees, and to ask for the assignment of counsel. It outlines a detailed procedure for filing, including requirements for the notice of motion, service of motion papers upon all relevant parties, and the submission of supporting documents to the court.

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In the heart of New York's judicial system lies a powerful tool designed to level the playing field for those who find the cost of accessing justice prohibitive. The New York Poor Person form, part of a broader legal framework, affords individuals the opportunity to seek permission to proceed in court without the burden of the associated costs and, in some cases, the assignment of counsel for representation. This form is used primarily in the appellate process, particularly within the context of appealing Family Court decisions. Key components include instructions for properly noticing all involved parties about the motion to proceed as a poor person, diligently serving motion papers to relevant entities including opposing parties, and complying with specific timelines to ensure the motion is considered in a timely manner. Additionally, the form requires a detailed affidavit in support of the motion, outlining the applicant’s financial situation, the nature and merits of the appeal, and the relative inability to bear the costs of proceeding. Central to the form's effective use are the criteria it sets for eligibility based on financial need, the nature of the legal challenge, and the procedural steps required to prevent any delays in the appellate process. What stands out is that this form highlights the state's commitment to ensuring that economic barriers do not preclude individuals from seeking justice. Beyond its functional use, the form embodies principles of fairness and access to legal representation, underpinning the New York judicial system's acknowledgment that justice should be accessible to all, regardless of their financial circumstance.

STATE OF NEW YORK

SUPREME COURT, APPELLATE DIVISION

THIRD JUDICIAL DEPARTMENT

P.O. BOX 7288, CAPITOL STATION

ALBANY, NY 12224

INSTRUCTIONS FOR MOVING FOR PERMISSION TO PROCEED

AS A POOR PERSON AND FOR ASSIGNMENT OF COUNSEL ON A FAMILY COURT APPEAL

1)At the top of the attached form is a Notice of Motion. The title of the case should be placed on the left hand side of the form and it should be written as the title appeared on the order or judgment appealed from. This is the caption. Below the caption is a sentence which begins "Please take notice...". The first date to be filled in is the date the attached affidavit in support of the motion was notarized. The second date to be filled in is the return date of the motion, which should be a Monday after service of the motion papers upon all parties as described in paragraph 2 below.

2)The motion papers should be served on all parties (if a party is represented by an attorney, service of a copy should be made upon the attorney and if a party is represented by the Office of the Attorney General, service of a copy should be made upon that office), and on the County Attorney of the County in which the papers from the lower court were filed and any Attorney for the Child. If service of the motion papers is done by personal delivery, the motion should be made returnable on a Monday at least eight (8) days after such service. If service of the motion papers is done by mail, the motion should be made returnable on a Monday at least thirteen (13) days after the motion papers are mailed.

3)As soon as possible after service of copies of the motion papers, the original motion papers, as well as proof that you have served the motion papers on the other parties, the County Attorney and the Attorney for the Child, should be forwarded to this office. If the motion is being made in connection with an appeal to this Court, you should also attach to the motion papers a copy of the order or judgment being appealed from, the decision, if any, upon which the order or judgment was based, and a copy of the notice of appeal.

4)THERE WILL NOT BE ORAL ARGUMENT ON THE RETURN DATE OF THE MOTION.

Revised:

February 19, 2014

Please fill in the underlined spaces in the follow ing form. Return the original to this Court, forward one copy to each of your adversaries, forward one copy to the County Attorney, one copy to the Attorney for the Child and keep one for your records.

STATE OF NEW YORK		SUPREME COURT
APPELLATE DIVISION		THIRD DEPARTMENT
IN THE MATTER OF
			,
	Petitioner(s) ,
v
	,

	Respondent(s) .

NOTICE OF

MOTION FOR PERMISSION TO PROCEED AS A POOR PERSON/ ASSIGNMENT OF COUNSEL ON APPEAL OF AN ORDER OF FAMILY COURT

Family Court

Docket No./ Index No.:

Appellate Division

Case No.

PLEASE TAKE NOTICE that, upon the annexed affidavit sworn to on the		day of
, 20	, a motion will be made to this court, on the	day of
, 20	, a motion will be made to this court, on the	day of

,20 , in the City of Albany New York, for an order

granting the appellant permission to appeal as a poor person.

Dated:

(Signature)

(Print Name)

(Address)

(Your name, address and telephone number)

DIN # (if applicable)

(Telephone)

PLEASE TAKE NOTICE that, pursuant to section 800.2 (a) of the Rules of this Court, this motion will be submitted on the papers, and the personal appearance of counsel or the parties is neither required nor permitted.

Revised:

February 19, 2014

AFFIDAVIT IN SUPPORT OF MOTION

STATE OF NEW YORK

COUNTY OF		ss.:

, being duly sworn, deposes and says

that I make this affidavit in support of my application for poor person status and assignment of counsel.

1.My full name and date of birth is:

2.What is the nature of the above entitled proceeding?

3.	I am appealing from a judgment/order of		Court,		County,

which provides as follows:

(Please attach hereto a copy of the order or judgment appealed from, the decision, if any, upon which the order or judgment is based, and a copy of your notice of appeal.)

4.	a.	An order or judgment has been entered in the			Court Clerk’s

	Office on		, 20	.

	b.	A copy of that	order or judgment was served on me on		, 20	.

c.Have you filed an original and two copies of any notice of appeal with the Clerk of the

appropriate court?	Yes	No
If yes, when?
If yes, when?

d.If yes, have you served a copy of the notice of appeal on your adversaries and the

attorney for the child?		Yes	No
If yes, when?
If yes, when?

e.	Were you represented by counsel?			Yes	No
	Counsel's name and address:
	Counsel's name and address:
	(if applicable)
	(if applicable)

Revised:

February 19, 2014

f.	Was counsel assigned or retained?	Assigned		Retained

5.If you were represented by retained counsel in the court below, state the name and address of the person who paid his/her fee and the amount.

6.What relief are you seeking by this motion?

7.What facts are present to support your contention that there is merit to your appeal? (Attach additional documentation, if necessary.)

8.Are you able to pay the costs, fees and expenses necessary to maintain the appeal?

YesNo

9. Are youSingleMarriedSeparatedDivorced

If married, what is the name of your spouse?

What are the first names and ages of your children?

Revised:

February 19, 2014

10.What is your occupation? If you are a student, indicate the school which you attend and the name and address of the person who is paying your tuition, room and board.

11. Are you are employed?	Yes		No		If yes, please state your weekly salary and

provide the name and address of your employer. Please provide a copy of your most recent pay

stub.

12.If married and your spouse is employed, what is his/her weekly gross salary and the name and address of his/her employer?

13. Do you receive support from anyone? Yes		No		If yes please provide the name,

relationship, address and the amount of support provided to you.

Revised:

February 19, 2014

14. Do you support anyone? Yes	No	If yes, please provide the name, relationship,

address and the amount of support you provide.

15. Do you own real estate either by yourself or with someone else? Yes		No
If yes please provide the following information:
If yes please provide the following information:

a.Other owner(s) (if any):

b.Location (street address, mailing address; Town, County, State):

c.Current value, including improvements:

d.Existing mortgages and/or liens (Attach additional sheet if required):

1.Name of bank, mortgagee or lien holder:

2.Balance due:

16.List the location and amount of any savings or checking accounts held in your name or jointly with others (Attach additional sheet if required):

Revised:

February 19, 2014

17.List any stocks, bonds, trusts or cash on hand owned by you in which you have any benefit and give the type, location and value of each (Attach additional sheet if required):

18.Please state the year, make model and value of any motor vehicle(s) owned by you and the amount of any existing loan(s):

19. Do you own any other assets not listed above? Yes		No

20.If yes please describe the assets(s) and state the value (Attach additional sheet if required):

21.My monthly income and expenses are as follows:

INCOME: My salary

My spouse's earnings Other income

TOTAL

EXPENSES:

Rent or mortgage payment

Food

Utilities (heat, telephone, water, electric, cable)

Automobile expenses

Premiums on life or medical insurance policies

Repayment of loans

Name of creditor and amount

Other obligations, including alimony /support

TOTAL

Revised:

February 19, 2014

22. Is any other person beneficially interested in any recovery sought herein?		Yes	No

If so, is such person able to pay the costs, fees and expenses of maintaining the appeal?
Yes	No

23.Do you authorize the Court to make any inquiries or investigation concerning the answers given

to you in this affidavit?	Yes		No

24.Did someone else complete this form on your behalf?

Yes No

25.If "yes" to question 24, were the questions and answers read to you and are your

answers true?	Yes		No

(Signature) (Print Name)

Sworn to before me this

day of		,	.


	Notary Public

Revised:

February 19, 2014

	AFFIDAVIT OF SERVICE OF MAILING
STATE OF NEW YORK	)
COUNTY OF		) ss.:

, being duly sworn, deposes and says:

On the		day of	, 20			, I served a true copy of the

annexed notice of motion and supporting affidavit by mailing the same in a sealed envelope, with

postage prepaid thereon, in a post office or official depository of the U.S. Postal Service within the

State of New York, addressed to the last known addressee(s) as indicated below:

(Insert here the name[s] and address[es] of the person[s] to w hom you are mailing the papers being filed with this Court. If necessary, attach extra pages for additional nam es and addresses.)

Name & Address

(Signature)

(Print Name)

Sworn to before me this

day of	,	.

Notary Public

Revised: February 19, 2014

Download PDF

Fact	Detail
Form Title	New York Poor Person Form
Legal Basis	Guided by section 800.2(a) of the Rules of the New York Supreme Court, Appellate Division, Third Department
Primary Purpose	To request permission to appeal as a poor person and for assignment of counsel in a Family Court appeal
Submissions Address	Supreme Court, Appellate Division, Third Judicial Department, P.O. Box 7288, Capitol Station, Albany, NY 12224
Service of Motion Papers	Must be served on all parties involved including any attorney(s) or the Office of the Attorney General, and relevant County Attorney and Attorney for the Child
Method of Service	Can be delivered personally or sent by mail
Return Date Requirement	If served personally, the motion return date must be a Monday at least 8 days after service. If by mail, it should be a Monday at least 13 days after.
No Oral Argument	Oral arguments are not permitted on the return date of the motion; it is decided on the submitted papers	Attachments Required	Includes affidavit in support, copy of the order being appealed, the decision (if any), and the notice of appeal
Financial Disclosure	Applicants must provide detailed personal financial information including employment status, earnings, and any spousal support
Revised Date	February 19, 2014

Once you've decided to proceed with an appeal in the New York Supreme Court, Appellate Division, Third Judicial Department as a person unable to afford the costs, the next step is to fill out the requisite New York Poor Person form. This document is crucial for requesting permission to appeal as a poor person and for the assignment of counsel if you cannot afford an attorney. Understanding the specifics of the form and correctly filling it out can significantly impact the progression of your appeal. The procedure is divided into clearly defined steps to ensure completeness and compliance with the requirements.

Steps for Filling Out the New York Poor Person Form:

Start with the Notice of Motion at the top of the form. Write the case title on the left side, ensuring it matches the title used in the appealed order or judgment. This is known as the caption.
In the Notice of Motion, fill in the first date with the day the supporting affidavit was notarized. The second date should be the return date of the motion, following the guidelines based on the method of service to the parties involved (either eight days after service by personal delivery or thirteen days after service by mail).
Serve the motion papers on all parties involved, including attorneys, the Office of the Attorney General when applicable, and the County Attorney, along with any Attorney for the Child. Ensure service is carried out as described to align with the selected return date.
After serving the motion papers, forward the original documents and proof of service to the office of the Supreme Court, Appellate Division, Third Judicial Department. If the motion relates to an appeal, also include a copy of the order or judgment being appealed, any relevant decisions, and the notice of appeal.
Fill in the spaces in the affidavit section of the form, providing detailed information regarding your appeal, your financial status, and your reasons for seeking poor person status and the assignment of counsel. Attach all necessary documentation as instructed.
Ensure that your personal details are filled in accurately, including your full name, date of birth, and the specifics of the court order or judgment you are appealing.
Be thorough in explaining the basis of your appeal and why you believe it has merit, providing all necessary supporting documents.
Complete the section regarding your financial situation, including your employment status, income, support from others, and any dependents, to demonstrate your inability to afford the costs associated with the appeal.
Sign and date the form, including your printed name, address, and telephone number.
Make copies of the signed form and all attachments. Send the original to the Court, distribute copies to each adversary, the County Attorney, the Attorney for the Child, and keep one copy for your records.

After submitting the New York Poor Person form, your request will be reviewed by the court. Remember, this form is your formal request for the court's permission to proceed without the burden of costs due to financial hardship and for the court to consider appointing counsel if you cannot afford one. This process does not guarantee the outcomes of the appeal but seeks to ensure that financial constraints do not impede access to legal representation and the justice system.

What is the purpose of the New York Poor Person form?
The purpose of the New York Poor Person form is to request permission to appeal a Family Court order or judgment as a poor person. This includes asking for the assignment of counsel if you cannot afford one. The form facilitates the process of seeking judicial relief without the financial burden that might otherwise prevent an appeal.
Who needs to be served with the motion papers when applying for poor person status?

When applying for poor person status, the motion papers must be served on all involved parties. If a party has an attorney, the papers should be served on the attorney. Papers must also be served on the Office of the Attorney General if they represent a party, the County Attorney of the County where the lower court papers were filed, and any Attorney for the Child involved in the case.
How do you determine the return date of the motion?

The return date of the motion, which is the date by which the court will consider the motion, depends on the method of service. If the motion papers are personally delivered, the motion should be made returnable on a Monday at least eight days after service. If served by mail, the motion should be set for a Monday at least thirteen days after mailing. This ensures sufficient time for all parties to receive and respond to the motion.
Is an oral argument required on the return date of the motion for poor person status?

No, oral argument is neither required nor permitted on the return date of the motion for poor person status. The decision will be made based on the submitted papers alone. This rule streamlines the process and avoids the need for parties to appear in court, reducing potential financial and logistical burdens.
What information must be included in the affidavit in support of the motion for poor person status?

The affidavit must provide detailed information about the appellant, including their full name, date of birth, the nature and details of the proceeding, whether an appeal notice has been filed, whether the appellant was represented by counsel, and information on their financial status. This includes marital status, employment details, income, expenses, and whether the appellant receives any financial support. The goal is to demonstrate the inability to bear the costs of the appeal.

Filling out the New York Poor Person form can be critical for those who are seeking legal aid due to financial hardships. However, there are common mistakes that can hinder the process. Keeping an eye out for these errors can significantly improve the chances of your application being accepted. Here's what to look out for:

Incorrect caption information: The title of the case must match exactly as it appeared on the order or judgment appealed from. This detail is crucial for maintaining the continuity and accuracy of legal documents.
Failing to correctly fill in the dates: The form requires two specific dates - the date the affidavit was notarized and the return date of the motion. Confusion or mistakes with these dates can cause unnecessary delays.
Improper service: The motion papers need to be served to all parties involved, including attorneys and the County Attorney. Both personal delivery and mail service have specific time requirements that must be adhered to.
Not forwarding the original motion papers: After serving the copies, the original motion papers, along with proof of service, need to be sent to the appropriate office as outlined in the instructions.
Leaving sections incomplete: Each section of the affidavit in support of the motion asks for vital information. Skipping any section or providing incomplete answers can lead to your application being questioned or denied.
Inaccuracy in financial disclosures: Applicants must be forthright and accurate about their financial status, employment, and any support they receive. Misrepresentation, whether intentional or accidental, can severely impact the outcome.
Not attaching required documents: Failure to attach copies of the order or judgment being appealed from, the notice of appeal, and any decisions related to the order or judgment can result in incomplete application status.
Forgetting to include details about representation: It's important to specify whether you were represented by counsel, and if so, whether that counsel was assigned or retained, including the financial arrangements made.
Omitting personal information: The form asks for specific personal details such as marital status, occupation, and dependents. Failing to provide this information can lead to an incomplete understanding of your financial situation.

When it comes to legal forms, attention to detail is crucial. By avoiding these common mistakes, you can streamline the process of applying for poor person status in New York. Remember, it's not just about filling out a form but providing a clear, accurate picture of your situation to the court. Double-checking your work against the form's instructions can make a significant difference in your application's success.

Review the form carefully: Before submitting, go over the form line by line to ensure no detail has been missed or filled out incorrectly.
Seek assistance if needed: Don't hesitate to ask for help from legal aid services if you're unsure about any part of the application process.
Maintain copies: Keep copies of all documents submitted for your own records. This will be helpful if there's any follow-up required or if any information needs to be verified later.

Location (Bank)

When an individual seeks to proceed as a poor person in the New York Courts, particularly for an appeal in family court as indicated by the New York Poor Person form, several other documents and forms often accompany the primary application. These documents are crucial for establishing the applicant's financial status, the merits of the case, and compliance with legal procedures.

Notice of Appeal: This document formally announces the appellant's intention to seek a review of a lower court's decision by a higher court. It is foundational to the appellate process, marking the beginning of the appeal.
Affidavit of Service: An Affidavit of Service proves that the other parties involved in the case, including the attorney for the child and the County Attorney, were properly notified about the appeal and the motion to proceed as a poor person. This document is essential for establishing that the appeal process adheres to procedural fairness.
Copy of the Order or Judgment Appealed From: Including a copy of the original order or judgment being appealed is necessary for providing context to the appellate court. It outlines the specifics of the case’s history and the decision that the appellant seeks to challenge.

Financial Affidavit: A detailed statement of the appellant's income, expenses, assets, and liabilities. This document is critical for demonstrating the applicant’s financial inability to afford the costs associated with the appeal.

Memorandum of Law: Though not always mandatory, a memorandum of law supporting the appeal can be very helpful. It provides legal arguments and precedents that justify why the appeal should be granted and the appellant allowed to proceed as a poor person.

Assignment of Counsel Form: If the appellant cannot afford an attorney, this form requests the court to assign legal representation. Representation is crucial for navigating the complex appellate process effectively.
Proof of Income: Attached alongside the financial affidavit, proof of income (such as recent pay stubs, tax returns, or benefits statements) substantiates the appellant's current financial status, further supporting the request to proceed as a poor person.

These documents collectively support an individual's motion to proceed as a poor person in the appellate process, aiming to ensure access to justice regardless of financial capability. Each document plays a specific role in demonstrating the appellant’s financial need, the procedural correctness of their appeal, and the potential merit of their case. Properly completing and submitting these documents is vital for the success of the motion.

Similar forms

The New York Poor Person form is similar to the In Forma Pauperis (IFP) application, which is used in federal courts across the United States. Both documents enable individuals with limited financial resources to request waiver of court fees and costs so that they can pursue legal action without being inhibited by their economic status. They require the applicant to provide detailed information about their financial situation, including income, expenses, and assets, to demonstrate their inability to afford the costs associated with legal proceedings.

Fee Waiver Request forms used in many state courts closely resemble the New York Poor Person form. These forms also aim to assist low-income individuals by waiving filing fees and other court-associated costs. Applicants must typically disclose their financial condition, including all sources of income and evidence of expenses, to prove their eligibility for fee waiver, mirroring the financial disclosure elements found in the New York Poor Person form.

Another similar document is the Application for Assigned Counsel, which is used by defendants in criminal cases who cannot afford an attorney. Like the New York Poor Person form, this application requests the court to provide legal representation at no cost. Both forms assess the applicant's financial status to determine eligibility for government-funded legal aid, although the Application for Assigned Counsel specifically focuses on the right to counsel.

The Legal Aid Request form, often used by nonprofits and legal aid societies, shares objectives with the New York Poor Person form: to provide legal services to individuals who cannot afford them. Applicants must demonstrate financial need by detailing their income, expenses, and family size, similar to the financial information required in the New York form, to qualify for free or reduced-cost legal services.

Bankruptcy forms, particularly the Application to Have the Chapter 7 Filing Fee Waived, have similarities with the New York Poor Person form. Both require detailed financial disclosures to prove the applicant's inability to pay court fees. While the Bankruptcy form is used specifically within the context of filing for Chapter 7 bankruptcy, it also aims to ensure that financial hardship does not bar access to legal processes.

Child Custody Statement of Indigency forms, used by individuals seeking to amend child custody orders without the means to afford court costs, parallel the New York Poor Person form in purpose and content. Applicants must provide evidence of their financial situation to have associated fees waived, enabling them to pursue changes to custody arrangements despite economic disadvantages.

The Public Defender Application form, needed to obtain criminal defense services when the accused cannot afford private counsel, also resembles the New York Poor Person form. Both documents assess the applicant's finances to determine eligibility for state-provided legal assistance, ensuring that lack of funds does not impede access to a fair trial.

Immigration Fee Waiver requests, employed in the process of submitting certain forms to U.S. Citizenship and Immigration Services (USCIS), share objectives with the New York Poor Person form. These waivers relieve eligible individuals from the financial burden of processing fees based on their inability to pay, requiring thorough financial documentation similar to what is requested in the New York form.

Civil Legal Aid applications, which are broader than the New York Poor Person form, offer assistance across a variety of civil cases for individuals unable to afford legal representation. Applicants must provide a comprehensive account of their financial circumstances to qualify, similarly emphasizing the principle that justice should be accessible regardless of economic status.

Lastly, the Disability Accommodation Request forms, while focused on ensuring accessible proceedings for individuals with disabilities, share the New York Poor Person form's underlying goal of equitable access to legal processes. Though primarily concerning accommodations rather than financial waivers, both types of documents advocate for removing barriers that might prevent individuals from fully participating in the legal system.

Dos and Don'ts

When preparing the New York Poor Person form for submitting a motion to proceed as a poor person, and for the assignment of counsel in a Family Court appeal, it's vital to adhere to specific do's and don'ts to ensure the process goes smoothly. Here is a list of recommendations:

Do ensure that the caption at the top of the form matches exactly as it appeared on the order or judgment being appealed from. This ensures continuity and clarity in the legal process.

Do accurately fill in the date the supporting affidavit was notarized and the return date of the motion, observing the specified requirements for these dates to ensure timely consideration of your motion.

Do serve the motion papers on all necessary parties, including any attorney representing a party, the Office of the Attorney General if applicable, the County Attorney, and the Attorney for the Child, following the guidelines for personal delivery or mail service.

Do include with your motion papers proof of service on all parties, as well as a copy of the order or judgment being appealed, the decision upon which it is based if available, and a copy of the notice of appeal to establish the foundations of your motion.

Do retain a copy of all documents for your records. Keeping thorough records can assist in maintaining a clear understanding of your case progression.

Don't anticipate oral arguments on the return date of the motion, as the instructions clearly state that the motion will be submitted on papers, and personal appearances are neither required nor permitted.

Don't leave any required fields blank or incomplete, particularly your full name, date of birth, and details regarding your employment and financial status, to avoid delays or denial of your motion.

Don't neglect to attach relevant documentation to support your motion, including evidence of your financial inability to afford appeal costs, as this information is critical to the court's assessment of your request.

Don't forget to follow all instruction timelines carefully, such as when to serve papers and when to submit the original motion papers to the court, to ensure compliance with procedural requirements.

Fulfilling these recommendations can significantly affect the outcome of your motion to proceed as a poor person. It's essential to follow each step with care and attention to detail to support your case effectively.

Misconceptions

When people consider applying for permission to proceed as a poor person and for assignment of counsel in a Family Court appeal in New York, misunderstandings often arise. Here are nine common misconceptions about the New York Poor Person form:

Misconception 1: The process is only for those without any income. While it's designed to help those unable to afford the costs of an appeal, applicants can have some income or assets and still qualify, based on the court’s assessment.

Misconception 2: You must be unemployed to apply. This form is not solely for the unemployed. Those with employment but insufficient income to support legal costs can also apply.

Misconception 3: If you have a lawyer, you can't use this form. Even if represented, applicants can still seek permission to proceed as a poor person if they cannot afford the costs of the appeal.

Misconception 4: Only adults can apply. While the form is often completed by adults, it can also be used on behalf of minors by their guardians or representatives.

Misconception 5: The application requires extensive documentation of financial history. Applicants must provide current financial information, but extensive financial history is not typically required.

Misconception 6: Approval is guaranteed. Approval is at the court's discretion, based on the evidence of financial need and the merits of the appeal.

Misconception 7: The form is complicated and can only be filled out with a lawyer’s help. The form is designed to be user-friendly and can be completed by individuals without legal assistance, though consulting a lawyer may be beneficial.

Misconception 8: Applying extends the appeal process. While additional steps are involved, the process to obtain poor person status is part of the overall timeline for an appeal and does not necessarily extend it.

Misconception 9: Once granted, it covers all legal expenses. If approved, the status typically covers filing fees and potentially the assignment of counsel but does not extend to all possible legal expenses.

Understanding these misconceptions is crucial for those considering applying for permission to proceed as a poor person and for the assignment of counsel. Accurate knowledge ensures that eligible individuals can effectively seek assistance and supports fairness and accessibility in the legal process.

Key takeaways

In the State of New York, individuals who are unable to afford the costs associated with legal proceedings can seek relief through the "Poor Person" form. This form allows for the request of permission to proceed in court without the usual fees and costs, and for the appointment of counsel in cases appealing Family Court decisions. Here are several key takeaways regarding filling out and using the New York Poor Person form:

The form starts with a "Notice of Motion," where the case title should match that of the original order or judgment being appealed. This consistency is crucial for the accurate processing of the request.

Important dates, including when the affidavit supporting the motion was notarized and the return date of the motion, must be accurately filled in. The timing of these dates influences the scheduling and hearing of the motion.

Motion papers must be served to all involved parties, including attorneys, the County Attorney, and any Attorney for the Child related to the case. This ensures all parties are informed and have the opportunity to respond.

Proof of service, along with the original motion papers, must be submitted to the court. This step is vital for confirming that all parties are duly notified, adhering to the principles of due process.

No oral arguments will be heard on the return date of the motion. This procedure emphasizes the written nature of the application and decision process for poor person status and counsel assignment.

Applicants must provide thorough information about their financial situation, legal representation history, and the merits of their appeal. This range of information helps the court to make an informed decision about granting poor person status and assigning counsel.

The applicant's inability to pay the costs associated with maintaining an appeal must be clearly demonstrated through documentation of income, employment status, and financial support, if any. The court uses this information to assess an applicant's financial eligibility for the relief sought.

Completing the New York Poor Person form with accurate and detailed information is essential for individuals seeking legal relief based on their financial circumstances. It is a critical step in ensuring access to justice for those who might otherwise be unable to afford the costs of legal proceedings.

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