| Paumanack Vil. Ii Owner, Lp, Etc. v Kathleen Drew |
| Motion No: 2019-01063 SC |
| Slip Opinion No: 2020 NY Slip Op 62872(U) |
| Decided on February 7, 2020 |
| 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.
BRUCE E. TOLBERT
JERRY GARGUILO, JJ.
DECISION & ORDER ON MOTION
| Paumanack Village II Owner, LP, etc., Appellant, v Kathleen Drew, Respondent. |
Appeal from an order of the District Court of Suffolk County, Third District, entered May 16, 2019.
On the court's own motion, it is
ORDERED that, it appearing that there is a question of fact as to whether respondent Kathleen Drew is an adult incapable of adequately defending her 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 respondent Kathleen Drew is an adult incapable of adequately defending her 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 is held in abeyance in the interim.
ENTER:
Paul Kenny
Chief Clerk