In re the Accounting of Armour

Appellate Division of the Supreme Court of New York

In re the Accounting of Armour

2 A.D.2d 840, 155 N.Y.S.2d 785, 1956 N.Y. App. Div. LEXIS 4230

CourtAppellate Division of the Supreme Court of the State of New York

DecidedOctober 9, 1956

StatusPublished

This text of 2 A.D.2d 840 (In re the Accounting of Armour) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re the Accounting of Armour, 2 A.D.2d 840, 155 N.Y.S.2d 785, 1956 N.Y. App. Div. LEXIS 4230 (N.Y. Ct. App. 1956).

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Opinion

The court had the power to appoint a guardian ad litem under section 1313 of the Civil Practice Act since, in view of the restrictions contained in the order of the Surrogate’s Court appointing appellant ancillary guardian of the infant, it is not clear that appellant is the “ duly acting guardian ” contemplated therein. Under the circumstances the order is unanimously affirmed, with $20 costs and disbursements to the respondent, without prejudice to any application appellant may be advised to make that she be substituted as guardian ad litem in this proceeding. Concur — Breitel, J. P., Botein, Rabin, Valente and Bergan, JJ. [3 Misc 2d 60.] [See post, p. 886.]

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The court had the power to appoint a guardian ad litem under section 1313 of the Civil Practice Act since, in view of the restrictions contained in the order of the Surrogate’s Court appointing appellant ancillary guardian of the infant, it is not clear that appellant is the “ duly acting guardian ” contemplated therein. Under the circumstances the order is unanimously affirmed, with $20 costs and disbursements to the respondent, without prejudice to any application appellant may be advised to make that she be substituted as guardian ad litem in this proceeding. Concur — Breitel, J. P., Botein, Rabin, Valente and Bergan, JJ. [3 Misc 2d 60.] [See post, p. 886.]

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Bluebook (online)

2 A.D.2d 840, 155 N.Y.S.2d 785, 1956 N.Y. App. Div. LEXIS 4230, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-accounting-of-armour-nyappdiv-1956.

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