896a LF, LLC v. Vong

Full title: 896A LF, LLC, Respondent, v. Kenny Vong, Appellant.

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

Date published: Jun 25, 2014

2014 N.Y. Slip Op. 76052 (N.Y. App. Term 2014)

Opinion

Motion No: 2014-00913 KC

06-25-2014

896A LF, LLC, Respondent, v. Kenny Vong, Appellant.

MICHAEL L. PESCE

, P.J.

THOMAS P. ALIOTTA

DAVID ELLIOT, JJ.

DECISION & ORDER ON MOTION

Motion by appellant for a stay pending the determination of an appeal from an order of the Civil Court of the City of New York, Kings County, dated May 14, 2014. The record indicates that appellant is an adult incapable of adequately defending his rights (CPLR 1201) and that he is not appearing by a guardian ad litem.

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 inasmuch as appellant is an adult incapable of adequately defending his rights and that he has appeared heretofore without a guardian ad litem, the appeal is dismissed, the order appealed from as well as the default final judgment entered July 11, 2013 are vacated, and the matter is remitted to the Civil Court for all further proceedings following the appointment of a guardian ad litem (see CPLR 1201, 1202, 1203; Sarfaty v Sarfaty, 83 AD2d 748 [1981]; Rakiecki v Ferenc, 21 AD2d 741 [1964]); and it is further,

ORDERED that appellant's motion is denied as academic.

ENTER:

Paul Kenny

Chief Clerk