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Notice Of Motion For Permission To Proceed As Poor Person On Appeal - New York
| Notice Of Motion For Permission To Proceed As Poor Person On Appeal Form. This is a New York form and can be used in Civil 3rd Department Appellate Division Appellate Courts . |
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NEW YORK SUPREME COURT APPELLATE DIVISION, THIRD DEPARTMENT BOX 7288, CAPITOL STATION ALBANY, NY 12224 INSTRUCTIONS FOR MOVING FOR PERMISSION TO PROCEED ON APPEAL AS A POOR PERSON _________________________________________________________________ 1) Pursuant to CPLR 1101, any party may make a motion to the court to which an appeal has been taken for permission to proceed as a poor person. Attached is a form which may be used to make a motion to this court for such relief. 2) At the top of the 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. Below the caption is a sentence which begins "Please take notice...". The first date to be filled in in that sentence is the date the affidavit in support of the motion, which is also a part of the form, is notarized. The second date to be filled in in that sentence is the return date of the motion, which is the date the motion will be considered by the court. The motion may be made returnable on any Monday. 3) The motion papers should be served on all parties (if a party is represented by an attorney, service should be made on the attorney) and on the County Attorney of the County in which the papers from the lower court were filed. 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. 4) 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 and the County Attorney, should be forwarded to this office. 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. 5) ORAL ARGUMENT ON THE RETURN DATE OF THE MOTION IS NOT ALLOWED. The motion will be submitted to the court on the return date, and you will be notified of the decision in about 14 days. 2002 © American LegalNet, Inc. Please fill in the underlined spaces in the following form. Return the original to this court, forward one copy to each of your adversaries, forward one copy to the County Attorney, and keep one for your records. STATE OF NEW YORK SUPREME COURT APPELLATE DIVISION THIRD DEPARTMENT _______________________________________ _________________________________, __________________, -vs_________________________________, __________________. _______________________________________ Please take notice that, upon the annexed affidavit, sworn to on the ________ day of ________________, ________, a motion will be made to this court, on the ________ day of ____________, ________, in the Justice Building located in the City of Albany, for an order granting the appellant permission to appeal as a poor person. Dated:_________________ ______________________________________ (Your signature) Notice of Motion for Permission to Proceed as Poor Person on Appeal ______________________________________ ______________________________________ ______________________________________ ______________________________________ (Your name, address and telephone number) 1. 2. 3. What is your full name? ____________________________________________________________ What is the nature of the above-entitled action? ____________________________________________________________ What is the order or judgment you have appealed from to this court? (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. ____________________________________________________________ ____________________________________________________________ 2 2002 © American LegalNet, Inc. 4. What relief are you seeking by this motion? ____________________________________________________________ ____________________________________________________________ ____________________________________________________________ What facts are present to support your contention that there is merit to your appeal? (Attach additional documentation, if necessary.) 5. ____________________________________________________________ ____________________________________________________________ ____________________________________________________________ 6. 7. 8. Are you able to pay the costs, fees and expenses necessary to maintain the appeal? ____________________________________ Are you single ( ) married ( ) separated ( ) divorced? 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. ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ If you are employed, what is your gross weekly salary and the name and address of your employer? ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ If married and your spouse is employed, what is his/her weekly gross salary and the name and address of his/her employer? ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ If not living with your spouse, divorced spouse or children and you contribute weekly to their support, what is your weekly support payment? ___________________________________ If not living with your spouse or divorced spouse and you receive support from him or her for yourself or your children, what is the weekly amount of support you receive? ___________________________________________________________ 9. 10. 11. 12. 3 2002 © American LegalNet, Inc. 13. (a) Do you or your spouse have any bank accounts in your individual names or jointly with each other or any other person? ___________________________________________________ ___________________________________________________________ _________________________________________
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