Right to counsel

New York law states that “[t]he court shall appoint an attorney” for an unrepresented claimant for unemployment insurance in the following cases, “except when the claimant takes an appeal to the court of appeals”:

(1) On an appeal from a decision of the appeal board in favor of the claimant.

(2) On a motion for leave to appeal to the court of appeals from a decision of the appellate division of the supreme court which relates to a decision of the appeal board in favor of the claimant.

(3) On an appeal to the court of appeals from a decision of the appellate division of the supreme court which relates to a decision of the appeal board in favor of the claimant.

N.Y. Lab. Law § 538(1)(d)-(e).  “In addition to any fee which may be allowed by the appeal board for services rendered to the claimant, an attorney representing a claimant [in the above cases] shall be entitled to a fee not to exceed the sum of [$500] and necessary printing and other disbursements[.]”  § 538(1)(d).  “[T]he court shall allow a fee and disbursements only if it finds the appeal to have been meritorious.”  Id.  “Fees and disbursements provided in such [cases] shall be fixed by the court in which the appeal is taken or the motion for leave to appeal is made.  Such fees and disbursements shall be paid by the commissioner as part of the expenses incurred in the administration of” the unemployment insurance law.  § 538(1)(e).