Tower Insurance v. Estate of DeCosta
Appellate Division of the Supreme Court of the State of New York
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
- Urban Pathways, Inc. v. LublinAppellate Division of the Supreme Court of the State of New York · 1996
- Roach v. BenjaminAppellate Division of the Supreme Court of the State of New York · 2010