| Crown Prospect Houses v "john Doe" & "jane Doe" |
| Motion No: 2008-00646 KC |
| Slip Opinion No: 2008 NYSlipOp 73800(U) |
| Decided on May 30, 2008 |
| Appellate Term, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS
| CROWN PROSPECT HOUSES, Respondent, -against- "JOHN DOE" and "JANE DOE", Respondents, -and- VIOLET GRANDISON, Non-Party Appellant. |
DECISION Motion by appellant to stay all proceedings pending determination of the appeal is held in abeyance and matter remitted to the Civil Court, Kings County, for the appointment of a guardian ad litem.
On the court's own motion, appeal is held in abeyance pending the filing by the lower court with the clerk of this court of its order appointing a guardian ad litem. The court shall make the appointment and file its order with all convenient speed.
Courts have a duty to protect incompetent parties who are incapable of protecting their own interests (see Sengstack v Sengstack, 4 NY2d 502, 509 [1958]; Shad v Shad, 167 AD2d 532, 533 [1990]). Public policy requires the rigorous protection of the rights of the mentally infirm (Vinokur v Balzaretti, 62 AD2d 990, 990 [1978]). We note that in light of the withdrawal of the prior guardian ad litem, the court may wish to appoint a family member as appellant's guardian ad litem.