Legal Opinion
In re the Estate of Garrasi
Appellate Division of the Supreme Court of the State of New York
Decided January 12, 2012PublishedCited by 4 opinions
1Opinion of the CourtKavanagh, J.
*1086As for petitioner’s contention that it was an abuse of discretion for Surrogate’s Court to appoint a guardian ad litem, SCPA 403 (2) provides that the court may, on its own initiative, appoint a guardian ad litem for a person under disability, which includes an infant (see SCPA 103 [40]), “whenever such person is a necessary party or for other reason the court deems it necessary ... to protect the interests of such party.” Here, Ag-gen’s execution of what purported to be a valid renunciation of her interest in the trust served to give her son a potential interest in the trust, and a guardian…
2Cases cited5 opinions
- In re Accounting of Lincoln Rochester Trust Co.New York Court of Appeals · 1974
- In re the Estate of PottsAppellate Division of the Supreme Court of the State of New York · 1925
- In re the Estate of GutchessAppellate Division of the Supreme Court of the State of New York · 1986
- In re the Guardianship of Jonathan EE.Appellate Division of the Supreme Court of the State of New York · 2011
- In re MorrisAppellate Division of the Supreme Court of the State of New York · 2008
3Cited by4 opinions
- In re GarrasiAppellate Division of the Supreme Court of the State of New York · 2013
- In re GarrasiAppellate Division of the Supreme Court of the State of New York · 2013
- Matter of Karissa W.Appellate Division of the Supreme Court of the State of New York · 2026
- Matter of RossAppellate Division of the Supreme Court of the State of New York · 2020