Opinion
Motion No: 2012-00516 kc
08-16-2013
Jamsol Realty, LLC, Appellant, v. Yvelisse German, Respondent, et al., Undertenants.
JAIME A. RIOS, J.P.
MICHAEL L. PESCE
THOMAS P. ALIOTTA, JJ.
DECISION & ORDER ON MOTION
On the court's own motion, it is
ORDERED that so much of the decision and order on motion of this court dated June 13, 2012 as granted the branch of appellant's motion seeking a stay pending the determination of the appeal is recalled and vacated; and it is further,
ORDERED that, it appearing that there is a question of fact as to whether respondent is an adult incapable of adequately defending her rights (CPLR 1201), the matter is remitted to the Civil Court for a hearing to be held within 30 days of this decision and order to determine whether respondent 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 Civil 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 the branch of appellant's motion seeking a stay pending the determination of the appeal are held in abeyance in the interim.
ENTER:
Paul Kenny
Chief Clerk