| 896a Lf, LLC v Kenny Vong |
| Motion No: 2014-00913 KC |
| Slip Opinion No: 2014 NY Slip Op 76052(U) |
| Decided on June 25, 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 2nd, 11th & 13th judicial Districts
MICHAEL L. PESCE, P.J.
THOMAS P. ALIOTTA
DAVID ELLIOT, JJ.
DECISION & ORDER ON MOTION
| 896A LF, LLC, Respondent, v Kenny Vong, 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, dated May 14, 2014. The record indicates that appellant is an adult incapable of adequately defending his rights (CPLR 1201) and that he is not appearing by a guardian ad litem.
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, that inasmuch as appellant is an adult incapable of adequately defending his rights and that he has appeared heretofore without a guardian ad litem, the appeal is dismissed, the order appealed from as well as the default final judgment entered July 11, 2013 are vacated, and the matter is remitted to the Civil Court for all further proceedings following the appointment of a guardian ad litem (see CPLR 1201, 1202, 1203; Sarfaty v Sarfaty, 83 AD2d 748 [1981]; Rakiecki v Ferenc, 21 AD2d 741 [1964]); and it is further,
ORDERED that appellant's motion is denied as academic.
ENTER:
Paul Kenny
Chief Clerk