Appellate Division of the Supreme Court of New York, 1996

Joseph B. F. v. Orleans County Attorney

Joseph B. F. v. Orleans County Attorney
Appellate Division of the Supreme Court of New York · Decided February 2, 1996
224 A.D.2d 1040; 637 N.Y.S.2d 568; 1996 N.Y. App. Div. LEXIS 1809
Joseph B. F. v. Orleans County Attorney

Opinion of the Court

—Motion for permission to proceed as a poor person and for assignment of counsel on appeal denied as unnecessary. Memorandum: "Where an appeal is taken on behalf of a minor represented by a law guardian, a motion for leave to appeal as a poor person is unnecessary” (Matter of Celene C. P., 204 AD2d 1067). Similarly, a motion for assignment of counsel is unnecessary. If appellant’s law guardian cannot continue to represent appellant as required by statute, he may submit to this Court a written application to be relieved of his appointment. Upon approval of such application, another law guardian will be appointed (see, Family Ct Act § 1120 [b]). Present — Pine, J. P., Lawton, Wesley, Doerr and Balio, JJ.

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