Opinion
Motion No: 2015-00868 KC
07-13-2015
Joell C. Barnett, Respondent, v. Eddie Melendez, Appellant, et al., Undertenant.
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, entered April 29, 2015.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is
ORDERED that, it appearing that there is a question of fact as to whether respondent is an adult incapable of adequately defending his 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 his 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's motion are held in abeyance in the interim.
ENTER:
Paul Kenny
Chief Clerk