| Jamsol Realty, LLC v Yvelisse German |
| Motion No: 2012-00516 kc |
| Slip Opinion No: 2013 NY Slip Op 83210(U) |
| Decided on August 16, 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
JAIME A. RIOS, J.P.
MICHAEL L. PESCE
THOMAS P. ALIOTTA, JJ.
DECISION & ORDER ON MOTION
| Jamsol Realty, LLC, Appellant, v Yvelisse German, Respondent, et al., Undertenants. |
On the court's own motion, it is
ORDERED that so much of the decision and order on motion of this court dated June 13, 2012 as granted the branch of appellant's motion seeking a stay pending the determination of the appeal is recalled and vacated; and it is further,
ORDERED that, it appearing that there is a question of fact as to whether respondent is an adult incapable of adequately defending her rights (CPLR 1201), 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 respondent is an adult incapable of adequately defending her 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 the appeal and the branch of appellant's motion seeking a stay pending the determination of the appeal are held in abeyance in the interim.
ENTER:
Paul Kenny
Chief Clerk