Opinion
Motion No: 2015-01299 KC
11-11-2015
1057 Jefferson, LLC, Respondent, v. Julia McRae and Lee McRae, Appellants.
Decided on November 28, 2015
THOMAS P. ALIOTTA
DAVID ELLIOT, JJ.
DECISION & ORDER ON MOTION
Motion by appellants for a stay pending the determination on an appeal from an order of the Civil Court of the City of New York, Kings County, entered June 3, 2015. By decision and order on motion of this court dated July 23, 2015, it appearing that there was a question of fact as to whether appellant Julia McRae is an adult incapable of adequately defending her rights (CPLR 1201), the matter was remitted to the Civil Court for a hearing to determine whether appellant is an adult incapable of adequately defending her rights and, if so, for the appointment of a guardian ad litem pursuant to CPLR 1202, and appellants' motion was held in abeyance in the interim. By decision and order dated October 7, 2015, the Civil Court, following a hearing, determined that appellant Julia McRae is an adult incapable of adequately defending her rights and appointed a guardian ad litem.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, and upon the Civil Court's decision and order dated October 7, 2015, it is
ORDERED that appellants' motion is denied.
ENTER:
Paul Kenny
Chief Clerk