of the State of New York for the 9th & 10th judicial Districts

FRANCIS A. NICOLAI, P.J.

HECTOR D. LaSALLE

BRUCE E. TOLBERT, JJ.

DECISION & ORDER ON MOTION

Motion by appellant for a stay pending the determination of an appeal from an order of the City Court of Yonkers, Westchester County, dated February 14, 2013. Separate motion by respondent to vacate a temporary stay issued by this court on June 25, 2013, in effect, for an enlargement of time to serve and file opposition to appellant's motion, and for other relief.

Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is

ORDERED, on the court's own motion, that appellant's motion and respondent's motion are consolidated for purposes of disposition; 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 his rights (CPLR 1201), the matter is remitted to the City 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 his rights and, if so, for the appointment of a guardian ad litem pursuant to CPLR 1202. The City Court shall cause its determination to be filed with the clerk of this court with all deliberate speed; and it is further,

ORDERED that, as the order dated February 14, 2013 does not recite the papers upon which it is based, the City Court shall, within 30 days of this decision and order, submit a proper order to this court pursuant to CPLR 2219 (a) which recites the papers, if any, upon which the order is based (see Matter of Dondi, 63 NY2d 331 [1984]); and it is further,

ORDERED that appellant's motion and respondent's motion are held in abeyance in the interim.

ENTER:

Paul Kenny

Chief Clerk