The New York Poor Person form is a legal document that allows individuals to request permission to proceed with an appeal in family court without the burden of court fees. This form is essential for those who cannot afford legal representation, enabling them to seek counsel and pursue their cases. Understanding how to complete this form accurately is crucial for anyone looking to navigate the appeals process effectively.
The New York Poor Person form serves as a crucial tool for individuals seeking to appeal a family court decision without the financial means to afford legal representation. This form allows petitioners to request permission to proceed as a "poor person," which can lead to the assignment of counsel to assist with their appeal. At the top of the form, individuals must include a notice of motion, which requires the case title, the notarization date of the supporting affidavit, and the return date for the motion. Proper service of the motion papers is essential and must be completed for all involved parties, including attorneys and the County Attorney. Timelines for filing vary depending on whether the motion papers are delivered in person or by mail. Additionally, the original motion papers, along with proof of service and copies of relevant documents, must be submitted to the court as soon as possible. Notably, the court will not hold oral arguments on the return date, emphasizing the importance of thorough and accurate documentation. This process, while designed to ensure access to justice, requires careful attention to detail to navigate effectively.
Misconceptions about the New York Poor Person form can lead to confusion and mistakes in the application process. Here are seven common misconceptions:
Understanding these misconceptions can help applicants navigate the process more effectively and increase their chances of a successful application.
When filling out the New York Poor Person form, follow these guidelines to ensure a smooth process:
The New York Poor Person form shares similarities with several other legal documents. Each of these documents serves a specific purpose in the legal process, often related to financial status or requests for assistance. Below are six documents that are similar to the New York Poor Person form:
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
The New York Poor Person form is a legal document that allows individuals who cannot afford to pay court fees to request permission to proceed with their appeal as a "poor person." This form is essential for those seeking to have legal representation without the financial burden of attorney fees during family court appeals.
Any individual who finds themselves unable to afford the costs associated with appealing a family court decision can utilize this form. If you are facing financial hardship and need assistance with legal representation, this form is designed for you.
Start by providing the title of your case as it appears in the original court order. Next, fill in the notarization date of your affidavit and the return date for your motion, which should be a Monday after you serve the motion papers. Ensure all sections are completed accurately, including your personal information and details about your appeal.
Along with the Poor Person form, attach the following documents:
No, there will not be an oral argument on the return date of your motion. The motion will be submitted based on the written documents you provide.
The timeline can vary. After serving your motion papers, you should allow at least eight to thirteen days before the return date, depending on how you served the documents. Once submitted, the court will review your request and notify you of their decision, which can take additional time.
If your request to proceed as a poor person is granted, you will be assigned legal counsel to assist you with your appeal. This can significantly ease the burden of navigating the legal system and improve your chances of a favorable outcome.
If your request is denied, you will be responsible for paying the court fees and costs associated with your appeal. It's important to review the reasons for denial, as you may have the option to address those issues and reapply.
Completing the New York Poor Person form is an important step in seeking permission to appeal as a poor person and request counsel. Follow the outlined steps carefully to ensure that all necessary information is provided accurately. This will help facilitate the processing of your motion.
Filling out the New York Poor Person form can be a daunting task, and mistakes are common. One frequent error occurs when individuals fail to accurately write the title of the case in the caption. It is essential to replicate the title exactly as it appears on the order or judgment being appealed. Omitting or altering any part of the title can lead to confusion and may result in delays in processing the motion.
Another common mistake is neglecting to fill in the correct dates. The form requires two specific dates: the date the affidavit was notarized and the return date of the motion. If these dates are incorrect or missing, it can create complications. The return date must also be calculated based on how the motion papers are served, which is often overlooked.
Many people also forget to serve the motion papers on all required parties. It is not enough to simply send them to the opposing party; attorneys representing those parties must also receive copies. Additionally, the County Attorney and any Attorney for the Child must be included in this process. Failure to do so can result in the motion being dismissed.
Including the necessary documentation is crucial, yet some individuals overlook this step. Along with the motion papers, applicants must attach copies of the order or judgment being appealed, the decision upon which the order is based, and the notice of appeal. Missing these documents can hinder the review process and delay the case.
Another mistake is not forwarding the original motion papers along with proof of service promptly. The instructions specify that these should be sent to the court as soon as possible after service. Delaying this can lead to complications in the court's schedule and may affect the outcome of the motion.
Some applicants fail to understand that there will be no oral argument on the return date of the motion. This can lead to confusion about what to expect during the process. Understanding that the motion will be submitted on papers only is essential for managing expectations.
Additionally, people sometimes do not provide complete answers to the questions on the affidavit. Omitting information such as the nature of the proceeding, the relief sought, or the facts supporting the appeal can weaken the application. Each question is designed to gather vital information, and skipping any can be detrimental.
It is also important to accurately report financial details. Applicants may either overstate or understate their ability to pay costs and fees. Providing precise information about income, support received, and employment status is necessary for the court to assess eligibility for poor person status properly.
Lastly, individuals sometimes forget to keep a copy of the completed form for their records. Retaining a personal copy is essential for future reference and can help in tracking the progress of the motion. Without it, applicants may find themselves in a difficult position if they need to refer back to their submission.
Filling out the New York Poor Person form can be straightforward if you follow these key takeaways:
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