This text of New York § 388 (Guardian ad litem) is published on Counsel Stack Legal Research, covering New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
§ 388. Guardian ad litem. In any proceeding to register title, the\ncourt may make an order appointing a disinterested attorney, other than\nthe official examiner of title by whom the title was examined and\nreported and certified, to act as guardian ad litem for all minor\npersons and for all persons under other disability appearing by the\npetition or by the official examiner's report of title to have interests\nadverse to those of the petitioner. The petition for the appointment of\nsaid guardian ad litem may be made by the petitioner ex parte at any\ntime during the pendency of the proceeding. The guardian ad litem thus\nappointed upon the application of the petitioner may be the attorney\ngeneral of the state of New York, unless it appears to the court that\nthe state of New York h
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§ 388. Guardian ad litem. In any proceeding to register title, the\ncourt may make an order appointing a disinterested attorney, other than\nthe official examiner of title by whom the title was examined and\nreported and certified, to act as guardian ad litem for all minor\npersons and for all persons under other disability appearing by the\npetition or by the official examiner's report of title to have interests\nadverse to those of the petitioner. The petition for the appointment of\nsaid guardian ad litem may be made by the petitioner ex parte at any\ntime during the pendency of the proceeding. The guardian ad litem thus\nappointed upon the application of the petitioner may be the attorney\ngeneral of the state of New York, unless it appears to the court that\nthe state of New York has or claims some interest adverse to that of the\nperson or persons for whom the attorney general would thus be appointed\nguardian ad litem. The question as to the existence of such adverse\nclaim or interest shall be for the court; and an order appointing the\nattorney general as such guardian ad litem shall be sufficient proof\nthat no such adverse claim or interest exists. Such an order shall be\nconclusive as a matter of law after thirty days from the time when a\ncertified copy of the final order or judgment of registration in the\nproceeding is filed in the office of the registrar of the county in\nwhich the property is situated. It shall be the duty of such guardian ad\nlitem actively to ascertain and protect as is reasonably possible, the\ninterest of all minor parties to the proceeding and all other parties\nunder disability. The compensation of such guardian shall be one hundred\ndollars, unless the court directs otherwise; but the attorney general\nshall not receive any compensation for acting as such guardian ad litem.\nNo issue requiring a trial shall be raised by the answer of a guardian\nad litem of any minor party or party under other disability unless it\nshall affirmatively appear by the official examiner's report or by\nanswer of the guardian ad litem that such minor party or party under\nother disability has an interest adverse to the title or interest sought\nto be registered.\n