| Fairfield 360 Cent., LLC v Norman Harris |
| Motion No: 2019-00391 NC |
| Slip Opinion No: 2019 NY Slip Op 67344(U) |
| Decided on March 27, 2019 |
| 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
THOMAS A. ADAMS, P.J.
JERRY GARGUILO
TERRY JANE RUDERMAN, JJ.
DECISION & ORDER ON MOTION
| Fairfield 360 Central, LLC, Respondent, v Norman Harris, Appellant. |
Motion by appellant for a stay pending the determination of an appeal from an order of the District Court of Nassau County, First District, entered February 13, 2019, and for leave to prosecute the appeal as a poor person.
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, it appearing that there is a question of fact as to whether appellant Norman Harris 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 to determine whether appellant Norman Harris 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 the appeal and appellant Norman Harris's motion are held in abeyance in the interim.
ENTER:
Paul Kenny
Chief Clerk