(a) Immediately after entry of the order of the Appellate Division or other intermediate appellate court affirming the judgment of conviction or sentence or the order denying a motion made pursuant to CPL 440.10 or 440.20 or the order or judgment denying or dismissing a habeas corpus or CPLR article 78 application or proceeding, it shall be the duty of the counsel for the defendant, to give, either by mail or personally, written notice to his client advising him:

1. (1) of his right to make application for permission to take a further appeal or for a certificate granting leave to appeal to the Court of Appeals; and
2. (2) in the event such permission is granted or such certificate is issued, of his additional right, upon proof of his financial inability to retain counsel and to pay the costs and expenses of such further appeal, to make a concurrent application to the Court of Appeals for the assignment of counsel and for leave to prosecute such further appeal as a poor person and to dispense with printing. In such notice counsel shall also request the written instructions of his client. If the client thereafter gives to counsel timely written notice of his desire to make either or both of such applications, counsel shall proceed promptly to do so.