| Estate of Bernadine Rabin v Norman C. Rabin |
| Motion No: 2013-02710 NC |
| Slip Opinion No: 2014 NY Slip Op 70604(U) |
| Decided on April 16, 2014 |
| 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 9th & 10th judicial Districts
FRANCIS A. NICOLAI, P.J.
ANGELA G. IANNACCI
BRUCE E. TOLBERT, JJ.
DECISION & ORDER ON MOTION
| Estate of Bernadine Rabin, Appellant, v Norman C. Rabin, Respondent. |
Motion by appellant for a stay pending the determination of an appeal from an order of the District Court of Nassau County, First District, dated October 18, 2013, and, in effect, for summary reversal. Separate motion by respondent for leave to serve and file papers in sur-reply to appellant's motion.
Upon the papers filed in support of the motions, 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 appellant is an adult incapable of adequately defending his rights (CPLR 1201), the matter is remitted to the District Court for a hearing to be held within 30 days of this decision and order on motion 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 District 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 and respondent's motion are held in abeyance in the interim.
ENTER:
Paul Kenny
Chief Clerk