In re Thoms

Appellate Division of the Supreme Court of New York

In re Thoms

33 A.D.2d 990, 307 N.Y.S.2d 312, 1970 N.Y. App. Div. LEXIS 5768

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

DecidedJanuary 15, 1970

StatusPublished

This text of 33 A.D.2d 990 (In re Thoms) 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 Thoms, 33 A.D.2d 990, 307 N.Y.S.2d 312, 1970 N.Y. App. Div. LEXIS 5768 (N.Y. Ct. App. 1970).

Pincite

Opinion

—Order unanimously modified by striking appointment of guardian ad litem, and as so modified Memorandum : Under CP-LR 1201,1202 the appointment of a guardian ad litem should await the application of the persons entitled to move for the appointment of the guardian ad litem, and be made after due consideration of any recommendation, [991]*991in the absence of a showing that if such procedure were followed it would constitute a danger to the infants’ interests (see Matter of Beyer, 21 A D 2d 152, 155; Matter of Leggett, 25 A D 2d 727). No such showing is made here. (Appeal from order of Monroe Special Term granting motions to join parties and for other relief.) Present — Goldman, P. J., Marsh, Witmer, Moule and Henry, JJ.

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—Order unanimously modified by striking appointment of guardian ad litem, and as so modified Memorandum : Under CP-LR 1201,1202 the appointment of a guardian ad litem should await the application of the persons entitled to move for the appointment of the guardian ad litem, and be made after due consideration of any recommendation, [991]*991in the absence of a showing that if such procedure were followed it would constitute a danger to the infants’ interests (see Matter of Beyer, 21 A D 2d 152, 155; Matter of Leggett, 25 A D 2d 727). No such showing is made here. (Appeal from order of Monroe Special Term granting motions to join parties and for other relief.) Present — Goldman, P. J., Marsh, Witmer, Moule and Henry, JJ.

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Bluebook (online)

33 A.D.2d 990, 307 N.Y.S.2d 312, 1970 N.Y. App. Div. LEXIS 5768, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-thoms-nyappdiv-1970.