| Nycha-ingersoll Houses v Grafton Swain |
| Motion No: 2013-01007 kc |
| Slip Opinion No: 2013 NY Slip Op 79548(U) |
| Decided on July 3, 2013 |
| 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. |
of the State of New York for the 2nd, 11th & 13th judicial Districts
MICHAEL L. PESCE, P.J.
MICHELLE WESTON
JAIME A. RIOS, JJ.
DECISION & ORDER ON MOTION
| NYCHA-Ingersoll Houses, Respondent, v Grafton Swain, Appellant. |
Motion by appellant for a stay pending the determination of an appeal from an order of the Civil Court of the City of New York, Kings County, entered May 16, 2013.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED, on the court's own motion, it appearing that there is a question of fact as to whether appellant is an adult incapable of adequately defending his rights (CPLR 1201), that the matter is remitted to the Civil Court for a hearing to be held within 30 days of this decision and order to determine whether appellant is an adult incapable of adequately defending his rights and, if so, for the appointment of a guardian ad litem pursuant to CPLR 1202. The Civil Court shall cause its determination to be filed with the clerk of this court with all deliberate speed; and it is further,
ORDERED that appellant's motion is held in abeyance in the interim; and it is further,
ORDERED that the temporary stay contained in the order to show cause dated June 12, 2013 is continued pending the ultimate determination of appellant's motion.
ENTER:
Paul Kenny
Chief Clerk