The New York Poor Person form is a legal document that allows individuals with limited financial resources to request permission to appeal a court decision without the burden of court fees. This form is essential for those seeking legal representation in family court appeals, ensuring that financial constraints do not hinder their access to justice. If you find yourself in need of this form, click the button below to get started on filling it out.
The New York Poor Person form is a crucial document for individuals seeking to appeal a family court decision without the financial means to hire an attorney. This form allows those who qualify to request permission to proceed as a poor person and to have counsel assigned to them. The process begins with a Notice of Motion, where the title of the case must be correctly stated, and specific dates need to be filled in. The motion papers must be served on all relevant parties, including any attorneys involved and the County Attorney. Proper service is essential, as it dictates the return date for the motion, which varies depending on whether the papers are delivered in person or by mail. After serving the motion, the original papers, along with proof of service and any necessary supporting documents, must be submitted to the court. It is important to note that there will be no oral argument on the return date of the motion. The form also includes an affidavit in support of the motion, where the applicant provides personal details, the nature of the proceeding, and financial information to demonstrate their need for assistance. Completing this form accurately and thoroughly is vital for those who wish to ensure their right to appeal is protected.
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
1
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.
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
,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.
2
AFFIDAVIT IN SUPPORT OF MOTION
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
.
b.
A copy of that
order or judgment was served on me on
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?
d.If yes, have you served a copy of the notice of appeal on your adversaries and the
attorney for the child?
e.
Were you represented by counsel?
Counsel's name and address:
(if applicable)
3
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?
4
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?
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
If yes please provide the name,
relationship, address and the amount of support provided to you.
5
14. Do you support anyone? Yes
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
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):
Location (Bank)
Type
Owners
Balance
6
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
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
7
22. Is any other person beneficially interested in any recovery sought herein?
If so, is such person able to pay the costs, fees and expenses of maintaining the appeal?
23.Do you authorize the Court to make any inquiries or investigation concerning the answers given
to you in this affidavit?
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?
(Signature) (Print Name)
Sworn to before me this
Notary Public
8
AFFIDAVIT OF SERVICE OF MAILING
)
) ss.:
, being duly sworn, deposes and says:
On the
, 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
Revised: February 19, 2014
9
Filling out the New York Poor Person form is a straightforward process. It requires careful attention to detail to ensure all information is accurately provided. After completing the form, it will need to be submitted to the appropriate court along with any necessary supporting documents.
The New York Poor Person form is a legal document that allows individuals to request permission to appeal a court decision without the financial burden of court fees. It is specifically designed for those who cannot afford to pay for legal representation or court costs.
Any individual who is facing financial hardship and wishes to appeal a Family Court decision can use the Poor Person form. This includes those who are unemployed, underemployed, or otherwise unable to afford the costs associated with legal proceedings.
To fill out the form, start with the Notice of Motion at the top. Write the title of your case on the left side, exactly as it appears on the order or judgment you are appealing. Follow the instructions to complete the affidavit and provide necessary details such as your name, the nature of the proceeding, and financial information.
Your affidavit should include:
You must serve the motion papers to all parties involved in your case. If a party has an attorney, serve the attorney. If the Office of the Attorney General is involved, serve them as well. You can deliver the papers in person or by mail, but the return date of the motion will vary depending on the method of service.
The return date is the day you will submit your motion to the court. If you served the motion papers in person, this date should be at least eight days after service. If served by mail, the return date should be at least thirteen days after mailing.
Along with your motion, you should attach:
No, there will not be an oral argument on the return date of the motion. The motion will be submitted based on the written papers only.
After submitting the form, the court will review your application. If approved, you will be granted permission to proceed as a poor person, which may include the assignment of counsel for your appeal.
The original form should be sent to the Supreme Court, Appellate Division, Third Judicial Department, in Albany, New York. Additionally, you must forward copies to each of your adversaries, the County Attorney, and the Attorney for the Child.
Not accurately filling in the caption at the top of the form. The title of the case must match exactly how it appears on the order or judgment being appealed.
Failing to provide the correct notarization date for the affidavit. This date is crucial and should be the date the affidavit was signed and notarized.
Overlooking the requirement to serve motion papers on all relevant parties. This includes attorneys and the County Attorney, which is essential for the motion to be valid.
Incorrectly calculating the return date of the motion. If served by personal delivery, it should be at least eight days later; if by mail, at least thirteen days later.
Not forwarding the original motion papers and proof of service to the court promptly. This step should be completed as soon as possible after serving the papers.
Neglecting to attach necessary documents, such as a copy of the order or judgment being appealed, which is required to support the motion.
Forgetting to indicate whether oral argument will be needed. The instructions state that there will not be any oral argument on the return date of the motion.
Failing to keep a copy of all documents for personal records. It is important to maintain your own copy for future reference.
When seeking to proceed as a poor person in New York, several forms and documents may accompany the New York Poor Person form. Each of these documents plays a crucial role in the process, ensuring that the court has all necessary information to make an informed decision regarding the request for financial assistance and legal representation. Below is a list of commonly used forms and documents that may be required.
Gathering these documents can seem daunting, but each serves a specific purpose in facilitating the appeal process. It is essential to ensure that all forms are completed accurately and submitted in a timely manner. This diligence can significantly impact the outcome of the request for poor person status and the assignment of counsel.
The New York Poor Person form is similar to the Affidavit of Support used in immigration cases. Both documents require the individual to provide detailed personal information and financial circumstances. In the Affidavit of Support, the sponsor must demonstrate their ability to support the immigrant financially, similar to how the Poor Person form requires the applicant to disclose their financial status to qualify for legal aid. Both forms aim to ensure that individuals who cannot afford legal representation receive the necessary support to pursue their cases.
Another comparable document is the Application for Waiver of Fees in civil court cases. This application allows individuals to request a waiver for court fees based on their financial situation. Like the Poor Person form, it requires the applicant to provide evidence of their inability to pay. Both documents serve to remove financial barriers, ensuring that justice is accessible to those in need.
The Motion for Assignment of Counsel in criminal cases also shares similarities with the New York Poor Person form. This motion allows defendants to request a public defender if they cannot afford private counsel. Both documents require the individual to demonstrate their financial hardship. They also focus on the right to legal representation, ensuring that financial constraints do not impede access to justice.
The Fee Waiver Request for family court proceedings is another document akin to the Poor Person form. This request allows individuals to waive fees associated with family court filings due to financial hardship. Both forms require detailed financial disclosures and serve the same purpose: to facilitate access to the legal system for those who may be unable to afford it.
Lastly, the Financial Disclosure Statement used in bankruptcy proceedings is similar in its requirement for a comprehensive overview of an individual's financial situation. Both documents aim to provide the court with necessary information regarding the applicant's finances. They ensure that the court can make informed decisions based on the applicant's ability to pay legal fees or other costs associated with their case.
When filling out the New York Poor Person form, it’s essential to follow certain guidelines to ensure your application is processed smoothly. Here are six important dos and don’ts to keep in mind:
Misconceptions about the New York Poor Person form can lead to confusion for those seeking assistance. Here are four common misunderstandings:
While the Poor Person form allows individuals to request permission to appeal without the burden of court fees, it does not automatically provide legal counsel. The court will review the application and determine if counsel will be assigned based on the merits of the case.
Service of motion papers on all relevant parties is a critical step. Failing to serve the necessary parties can result in delays or dismissal of the motion.
It is important to note that there will not be oral arguments on the return date. The motion will be submitted based solely on the written papers provided.
Applicants must attach relevant documents, including a copy of the order being appealed and proof of service. Incomplete submissions may lead to rejection of the application.
Filling out and using the New York Poor Person form is a crucial step for individuals seeking to appeal a family court decision without the financial means to do so. Here are key takeaways to consider:
Following these guidelines can help ensure that your application for poor person status is processed smoothly and efficiently. Take action promptly to avoid any delays in your appeal process.