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

On the court's own motion, it is

ORDERED that this court's decision and order on motion dated June 17, 2013, in the above-captioned matter, is recalled and vacated, and the following decision and order on motion is substituted therefor:

Motion by appellants 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 October 19, 2012.

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 Alexander Persits 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 that 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 the temporary stay contained in the order to show cause dated May 14, 2013 is reinstated and continued pending the ultimate determination of appellants' motion; and it further,

ORDERED that appellants' motion is held in abeyance in the interim.

ENTER:

Paul Kenny

Chief Clerk