1057 Jefferson, LLC v. McRae

Full title: 1057 Jefferson, LLC, Respondent, v. Julia McRae and Lee McRae, Appellants.

Court: Supreme Court, Appellate Term, Second Dept., 2nd, 11th, & 13th Judicial Districts

Date published: Jul 23, 2015

2015 N.Y. Slip Op. 80687 (N.Y. App. Term 2015)

Opinion

Motion No: 2015-01299 KC

07-23-2015

1057 Jefferson, LLC, Respondent, v. Julia McRae and Lee McRae, Appellants.

MICHAEL L. PESCE, P.J.

THOMAS P. ALIOTTA

DAVID ELLIOT, JJ.

DECISION & ORDER ON MOTION

Motion by appellant Lee McRae for a stay pending the determination of an appeal from an order of the Civil Court of the City of New York, Kings County, entered June 3, 2015.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that, it appearing that there is a question of fact as to whether appellant Julia McRae 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 appellant Julia McRae 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 appellant Lee McRae's motion are held in abeyance in the interim.

ENTER:

Paul Kenny

Chief Clerk