Discretionary appointment of counsel – Military service member
New York
,
Legislation
, All Basic Human Needs
The court may appoint an attorney to represent a person in military service who does not appear due to his or her military service, in any proceeding or action in which such person is a party. N.Y. Mil. Law § 303(1). This right extends to appointed attorneys in eviction proceedings in landlord/tenant court. 444 W. 54th St. Tenants Ass’n v. Costello, 523 N.Y.S.2d 374, 381 (Civ. Ct. 1987); Dahmen v. Gregory, 55 N.Y.S.2d 311, 313 (Sup. Ct. 1945) (“The words ‘any action or proceeding commenced in any court’ are all-embracing and must be taken to include all types of actions and proceedings.”)
Appointment of Counsel: Discretionary
Qualified: Yes
