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The New York Poor Person form is designed to help individuals with limited financial resources seek legal representation and the ability to move forward with a legal case without bearing the full financial burden. This form is particularly relevant for appealing a Family Court decision in the New York Supreme Court, Appellate Division. It outlines the process for applying for permission to proceed as a "poor person" and for the assignment of counsel, delineating the necessary steps, such as serving motion papers on all parties involved and providing evidence of financial inability.

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Embarking on a legal appeal can be both daunting and financially overwhelming, especially in instances involving family court where the stakes are both personal and profound. In the State of New York, the Supreme Court, Appellate Division Third Judicial Department, offers a beacon of hope for individuals facing such challenges without the means to afford them through the New York Poor Person form. This form, a crucial document, opens the door for appellants to request permission to proceed as a "poor person" and, importantly, for the assignment of counsel in family court appeals. Key elements include a meticulously structured Notice of Motion, detailed instructions for serving motion papers to all relevant parties—including the county attorney and attorney for the child—and stringent guidelines for submission deadlines, all designed to streamline the process. With no provision for oral argument upon the motion's return, the emphasis is placed squarely on the written documents: the affidavit in support of the motion, a copy of the order or judgment being appealed, and any relevant notices of appeal. This comprehensive approach underscores the judicial system's recognition of the challenges faced by individuals unable to bear the financial burdens of their legal endeavors and provides a structured pathway towards the pursuit of justice.

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

⇩ New York Poor Person

#	Fact	Detail
1	Purpose	Allows individuals to appeal a Family Court order in the Third Judicial Department of New York as a 'poor person', potentially waiving certain fees and costs.
2	Serving Motion Papers	Motion papers must be served on all parties involved, including attorneys and the County Attorney, as well as the Attorney for the Child if applicable.
3	Return Date	The motion must be made returnable on a Monday, with specific deadlines for both personal delivery and mail service of the motion papers.
4	No Oral Argument	Oral argument is not permitted on the return date of the motion; decisions are made based on the submitted documents.
5	Revised Date	The instruction and forms were last revised on February 19, 2014.
6	Affidavit Requirements	The affidavit in support of the motion must include detailed information about the applicant's financial status, the nature of the proceeding, and the relief sought.
7	Documentation	Applicants must attach a copy of the order or judgment appealed from, any related decisions, and the notice of appeal to their motion papers.
8	Financial Information	Applicants must provide comprehensive financial information, including employment status, weekly salary, and any support received from others.
9	Marital and Family Status	Applicants must disclose their marital status, spouse's information if applicable, and details about their children.
10	Governing Law	The motion is governed by section 800.2 (a) of the Rules of the Supreme Court, Appellate Division, Third Department, New York.

When applying for permission to proceed as a poor person and for the assignment of counsel in a family court appeal in the State of New York, it is crucial that you accurately and completely fill out the required form. This will involve providing detailed information about your current financial status, the nature of your appeal, and the specific need for legal aid. The process does not require an in-person court appearance but relies on the detailed and accurate completion of paperwork. To ensure your motion is considered, follow these steps carefully, keeping in mind the importance of each piece of information you provide.

Begin by writing the caption of the case on the left-hand side of the form, exactly as it appeared on the order or judgment appealed from.
In the sentence starting with "Please take notice..", fill in the first blank with the date the affidavit supporting the motion was notarized. The second blank should be filled with the return date of the motion, which must be a Monday after the motion papers have been served to all parties, respecting the timeframe detailed for personal delivery or mail service.
Serve the motion papers on all parties involved, including attorneys and any specific offices mentioned, such as the County Attorney and the Attorney for the Child.
After serving the motion papers, send the original documents along with proof of service to the provided office address. If the motion is connected to an appeal, include copies of the relevant order or judgment, the decision upon which it was based, and your notice of appeal.
Fill in the blanks of the NOTICE OF MOTION section with your personal information, the details of the motion, and ensure to date and sign where indicated.
In the AFFIDAVIT IN SUPPORT OF MOTION, provide your full name, date of birth, and answer all subsequent questions regarding the nature of the proceeding, details of the court order or judgment, representation by counsel, financial status, employment, and any dependent information. Attach any required documents as indicated.
Ensure all filled information is accurate and that any additional documentation to support your motion is attached before submitting.
Keep one copy of the completed form for your records and forward the required copies to the respective parties.

Following these steps meticulously is vital for the successful processing of your motion. This process is designed to ensure that financial barriers do not impede your right to appeal in family court matters. Accurate and thorough completion of all parts of the form and adherence to submission guidelines will facilitate a smoother review process.

Filing for a Poor Person Status in the New York Supreme Court, especially when it comes to family court appeals, may seem daunting at first. However, understanding the process can help simplify things significantly. Let's go through some frequently asked questions about the New York Poor Person form to get a clearer picture of what's involved.

What is the purpose of the New York Poor Person form?

The New York Poor Person form is designed to assist individuals who lack the financial means to cover the costs associated with legal proceedings. By filing this form, a person is requesting the court's permission to proceed without being required to pay for certain fees and expenses. Additionally, the form can be used to request the assignment of counsel, which means asking the court to appoint a lawyer to represent the petitioner in their family court appeal without charge.
What are the steps to fill out and submit this form?
- First, accurately complete the form by providing your personal information, details about the case you are appealing from, and any relevant financial information that demonstrates your inability to afford legal fees.
- Next, you need to serve copies of the motion papers on all parties involved in the appeal, including any opposing attorneys, the County Attorney, and the Attorney for the Child, if applicable. The method of service (personal delivery or mail) will determine the return date for your motion.
- After serving the motion papers, send the original documents along with proof of service to the court's office mentioned in the instructions. Remember to include all the necessary attachments, such as the order or judgment being appealed and the notice of appeal.
Is there a hearing for the motion to proceed as a poor person?

No, there will not be an oral argument or a traditional hearing on the return date of the motion. The decision on whether to grant the motion to proceed as a poor person and for the assignment of counsel is made based on the submitted papers alone. This simplifies the process and means that neither the parties nor their attorneys are required to appear in person at court for this specific motion.
How will I know if my motion is approved?

Once the court reviews your submitted materials, they will issue an order on your motion. This order will indicate whether your request to proceed as a poor person and for assignment of counsel has been granted. Keep an eye on communications from the court following your submission to ensure you receive this important update. If granted, you will be able to proceed with your family court appeal without worrying about the associated legal fees, and you will have legal representation if you requested counsel.

Understanding and completing the New York Poor Person form is a crucial step for individuals who are unable to afford the costs of legal proceedings but still seek justice. Always ensure that your information is accurate and that you follow all instructions carefully to increase the likelihood that your motion will be approved.

Filling out the New York Poor Person form is a significant step in seeking relief from court fees and securing representation without cost for those who cannot afford it. However, several common mistakes can hinder the process, leading to delays or even the denial of the application. Understanding these pitfalls is crucial for successfully navigating the system.

One primary mistake is not accurately replicating the case title in the caption as it appeared on the order or judgment appealed from. This detail might seem small but is critical for the court's recognition and processing of your form. Additionally, failing to correctly indicate the dates for when the affidavit in support of the motion was notarized and the return date of the motion can lead to procedural complications, potentially delaying the application process.

Another area where applicants often falter is in the service of motion papers. It's imperative to serve all parties involved, including attorneys and the County Attorney, as outlined in the instructions. Overlooking to serve any required party or not adhering to the specific days required for the return date based on the service method can invalidate your motion. Moreover, failing to submit proof of service, along with the original motion papers to the office, neglects a critical step in establishing that all parties were duly notified.

Many applicants also overlook the requirement to attach a copy of the order or judgment being appealed from, as well as any decision upon which it was based and the notice of appeal. This oversight can stall the process as the court lacks the necessary context to assess the appeal's merit.

Inaccurate or incomplete case title.
Incorrect dates for the affidavit notarization and motion return.
Improper or incomplete service of motion papers to all parties.
Failing to provide proof of service.
Omitting copies of the order/judgment, decision, and notice of appeal.
Neglecting to detail the nature of the proceeding and the relief sought vividly.
Failing to demonstrate the inability to pay costs comprehensively.
Not providing detailed employment and support information.
Incorrect representation about legal representation and appeal details.

In summary, applicants must carefully follow the form's instructions, ensuring all sections are filled out correctly and that all necessary documents are attached. The attention to detail can greatly impact the success of an application for permission to proceed as a poor person and for the assignment of counsel. By avoiding these common mistakes, applicants can improve their chances of moving their appeals forward in the New York Supreme Court, Appellinate Division.

In legal proceedings, especially for individuals seeking to appeal as a poor person, a variety of forms and documents complement the New York Poor Person form, streamlining the process and ensuring all bases are covered. These forms and documents not only provide essential information about the individual's financial status and the case but also fulfill legal requirements set by courts to facilitate the fair evaluation of one’s plea for assistance. Understanding the purpose and significance of each is crucial for a thorough preparation of one's case.

Notice of Appeal - This document officially informs the court and the opposing party about the appellant's intention to challenge a lower court's decision. It is a critical first step in the appeal process.
Affidavit of Service - This affidavit verifies that the motion papers, including the New York Poor Person form, were served on all necessary parties, following the court’s rules on service of documents. It ensures that the procedure respects the rights of all parties by keeping them informed.
Order or Judgment Being Appealed From - A copy of the original order or judgment that the appellant is challenging. This document provides the appellate court with the basis of the appeal, highlighting the decision made in the lower court.
Financial Disclosure Form - A detailed form that outlines the appellant's financial status, providing evidence of the inability to bear the costs of the appeal. This document is crucial for supporting the request to proceed as a poor person.
Assigned Counsel Application - For appellants who cannot afford legal representation, this document is used to apply for a court-appointed attorney. It’s important in ensuring that the right to legal representation is upheld.
Appellate Division Appeal Booklet - A guide provided by the court explaining the process of appealing a decision, including the requirements and deadlines relevant to the appeal. This booklet is essential for understanding the procedural aspects of the appeal process.
Proof of Income and Assets - Supporting documents such as pay stubs, tax returns, and bank statements that provide a tangible proof of the appellant's financial situation. These documents complement the financial disclosure form by providing verifiable evidence of income and assets.

Together, these documents and forms play pivotal roles in the appellate process for individuals claiming poor person status. They offer the courts a comprehensive view of the appellant's circumstances, ensuring that those who genuinely need assistance can access the legal system on a more equitable basis. By accurately completing and submitting these forms, alongside the New York Poor Person form, appellants effectively communicate their needs and circumstances to the court, which is crucial for a fair evaluation of their request to proceed without bearing the full financial burden of the appeal.

The New York Poor Person form bears resemblance to the Application for Waiver of Court Fees form found in other jurisdictions. Both forms aim to assist individuals who cannot afford the costs associated with legal proceedings by requesting the waiver of standard filing fees. The essence of both documents is to ensure that financial barriers do not prevent access to the judicial system, highlighting the justice system's commitment to equality. While details and requirements may vary, the central purpose of providing financial relief to underprivileged individuals remains consistent across these forms.

Similar to the In Forma Pauperis (IFP) Petition, the New York Poor Person form is designed to allow individuals with limited financial resources to bypass fees that would otherwise hinder their ability to pursue or maintain litigation. The IFP Petition is a federal counterpart that serves the same fundamental purpose: to enable access to the courts regardless of one’s financial condition. Both documents require the applicant to disclose their financial status in detail, thereby demonstrating their inability to afford court costs.

The Affidavit of Indigency is another comparable document, typically used in criminal cases, to appoint counsel for defendants who cannot afford one. Like the New York Poor Person form, it assesses the applicant's financial situation to determine eligibility for state-sponsored legal representation. Both documents ensure that the right to counsel is preserved, reinforcing the principle that legal representation should not be exclusive to those who can afford it.

The Request for Appointment of Counsel form shares similarities with the New York Poor Person form by seeking to assign an attorney to someone based on their financial inability to hire one. This document is paramount in contexts where legal representation is crucial for fair proceedings but unattainable due to economic constraints. Both forms safeguard individuals’ legal rights by providing a mechanism to request assistance, illustrating the justice system’s adaptability to diverse economic backgrounds.

Another related document is the Motion for Fee Waiver, often used in family law and civil court cases. It resembles the New York Poor Person form by asking the court to excuse payment for filing and service fees due to financial hardship. Both documents require detailed financial information to justify the waiver request, adhering to the principle that access to legal remedies should not be impeded by lack of financial resources.

The Declaration in Support of Application to Proceed In Forma Pauperis is a document that closely mirrors the New York Poor Person form in its function and objective. It typically accompanies a request to waive court fees and is used in various legal proceedings. The declaration supports the application by providing a sworn statement of the applicant's financial incapacity, akin to the affidavit component of the New York form, underscoring the universal theme of facilitating justice for all economic strata.

The Civil Pauper's Oath is an ancient legal instrument with a modern equivalent in the New York Poor Person form, serving to certify an individual's financial inability to cover the costs associated with legal action. By swearing to their indigency, applicants seek exemption from fees, emphasizing the ongoing relevance of ensuring that poverty does not preclude the pursuit of legal rights.

Fee Waiver Request forms, commonly found in administrative and immigration courts, also align with the purpose of the New York Poor Person form. These documents are essential for individuals facing proceedings in specialized courts who cannot afford associated fees. Both forms play a critical role in democratizing access to these tribunals, highlighting the legal system’s inclusivity.

The Legal Aid Request form is akin to the New York Poor Person form insofar as it is often used by individuals seeking free legal services due to financial hardship. While the Legal Aid Request directly solicits legal representation, the New York form may include a request for assignment of counsel, among other reliefs. Together, they exemplify the legal community’s effort to prevent financial barriers from denying anyone their day in court.

The Application for Determination of Civil Indigent Status serves a similar purpose to the New York Poor Person form by providing a pathway for low-income individuals to access legal processes without the burden of costs. Utilized in various legal contexts, this application ensures that economic disadvantages do not equate to a denial of justice, reflecting a shared intention across different legal documents to uphold the principle of equitable access to the judicial system.

When seeking permission to proceed as a poor person in New York, filling out the form correctly is crucial. Here's a list of dos and don'ts to keep in mind:

Do carefully read the entire form and instructions before starting to fill it out. Understanding every requirement will help ensure you complete it accurately.
Do write the case title exactly as it appeared on the order or judgment from which you are appealing, as this consistency is key for identification and processing.
Do diligently fill in the dates on the Notice of Motion, ensuring the second date provides ample time after service of the motion papers upon all parties as required.
Do serve the motion papers on all relevant parties, including if applicable, the attorney of record and the Office of the Attorney General, in addition to the County Attorney and any Attorney for the Child involved.
Do attach all required documents, such as a copy of the order or judgment being appealed from, a copy of the decision upon which the order or judgment was based, and a copy of the notice of appeal, to ensure your motion is considered.
Don't leave any sections incomplete. If a section does not apply to you, it's better to note it as "N/A" (not applicable) rather than leaving it blank, to avoid any assumptions of oversight.
Don't expect oral arguments on the return date of the motion. Be prepared to submit all necessary information through your paperwork since decisions will be made on the basis of the submitted documents.

Properly filling out the New York Poor Person form is important for the timely and favorable consideration of your motion. Ensure that all information is accurate and complete, and that you’ve fulfilled all service requirements. By following these guidelines, you can help streamline the process and avoid unnecessary delays.

There are several misconceptions surrounding the New York Poor Person form, specifically designed for those seeking to proceed in legal matters without the financial means to afford the associated costs. Here are seven common misconceptions corrected:

The form is exclusively for people without any income. In reality, the form caters to individuals who cannot afford the costs of their legal proceedings, which includes but is not limited to those without income. It considers other financial obligations and the overall ability to pay the costs related to appealing a Family Court order.
Submission guarantees free legal representation. While the form allows individuals to request assignment of counsel, approval is based on the court's evaluation of financial hardship and the merit of the case—not a guaranteed right solely by filing.
It only applies to Family Court appeals. Although the instructions specify its use for appeals from Family Court orders, the principles of proceeding as a poor person can apply in other judicial contexts where individuals seek relief from court fees and costs due to financial hardship.
The form negates the need for following regular court procedures. Submitting this form does not exempt applicants from adhering to the usual legal and procedural requirements, such as serving motion papers on all relevant parties.
Approval is immediate. After submission, the form undergoes a review process. The court evaluates the applicant's financial status alongside the merit of the appeal. This process takes time, and approval is not instant.
Personal appearance is required for approval. Contrary to some beliefs, the motion based on this form is decided upon the papers submitted. Personal appearance by the applicant or their counsel is neither required nor permitted, emphasizing the decision's reliance on the presented documents.
There is no follow-up after submission. Applicants must submit not only the original motion papers but also proof of service on other parties involved, demonstrating compliance with court rules. This indicates that the form's submission is part of an ongoing process, not a one-time event.

Understanding the correct use and expectations of the New York Poor Person form is crucial for individuals who seek legal relief based on financial hardship. It is designed to make the legal system more accessible, yet it requires thorough compliance with its stipulations and the broader legal process it fits within.

Filling out and utilizing the New York State Poor Person Form is a crucial step for individuals seeking to appeal a Family Court decision without the financial means to cover the costs associated with legal processes. Here are five key takeaways to assist in accurately completing and submitting this form:

Accuracy in Completing the Form: It is imperative to ensure all information provided on the form is accurate and truthful. This includes personal details, the nature of the legal proceeding, and any financial information that demonstrates the inability to afford the costs of appeal. Incorrect or misleading information can lead to unwanted delays or the denial of the motion.
Proper Service of Motion Papers: The motion papers must be served to all relevant parties, which includes any opposing parties, attorneys, the County Attorney, and the Attorney for the Child. The method of service (personal delivery or mail) will affect the return date of the motion, hence it's crucial to adhere to the specified timelines to ensure the motion is considered timely.
No Oral Argument Required: Applicants should be aware that their personal appearance for an oral argument on the return date of the motion is neither required nor permitted. This process is conducted on the papers alone, highlighting the importance of a complete and well-prepared submission.
Inclusion of Relevant Documents: Along with the completed form, applicants must attach a copy of the order or judgment being appealed from, the decision upon which the order or judgment was based (if available), and a copy of the notice of appeal. These documents are vital for the court to assess the merits of the application for poor person status and assignment of counsel.
Evidence of Financial Hardship: Demonstrating financial hardship is a core component of the application. Applicants must provide detailed information about their income, employment status, marital status, and any support received from others. Additionally, documentation such as recent pay stubs or proof of support payments should be attached to substantiate claims of financial hardship.

Understanding these key aspects can significantly aid in the process of applying for permission to proceed as a poor person and for the assignment of counsel in New York Family Court appeals. It is designed to ensure that all individuals, regardless of their financial situation, have equal access to justice.

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