Legal Opinion

Tower Insurance v. Estate of DeCosta

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

Decided January 30, 2014Published

1Opinion of the Court

*573As an initial matter, the court did not neglect to consider appellants’ application for a GAL pursuant to CPLR 1201, but expressly denied the motion. The court properly denied the motion, without a hearing, as appellants’ moving papers were insufficient to make a prima facie demonstration of the need for the appointment of a GAL for Sydney Gordon (see Roach v Benjamin, 78 AD3d 468 [1st Dept 2010]; Urban Pathways v Lublin, 227 AD2d 186 [1st Dept 1996]).

In their initial papers, appellants submitted affidavits from counsel and Gordon’s family, which generally described an elderly man with some…

2Cases cited2 opinions

  1. Urban Pathways, Inc. v. LublinAppellate Division of the Supreme Court of the State of New York · 1996
  2. Roach v. BenjaminAppellate Division of the Supreme Court of the State of New York · 2010

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