| Amkar Mgt., LLC v Shlomo Lieber |
| Motion No: 2019-01776 ROC |
| Slip Opinion No: 2020 NY Slip Op 68849(U) |
| Decided on May 14, 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
| Amkar Management, LLC, Respondent, v Shlomo Lieber, Appellant. |
Motion by appellant for a stay of all proceedings pending the determination of an appeal from a final judgment of the Justice Court of the Town of Ramapo, Rockland County, entered August 14, 2019, and, in effect, for summary reversal.
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 is an adult incapable of adequately defending his rights (CPLR 1201), the matter is remitted to the Justice Court for a hearing to be held within 90 days of this decision and order 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 Justice 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's motion are held in abeyance in the interim.
ENTER:
Paul Kenny
Chief Clerk