In re Palmiere
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Order unanimously affirmed without costs. Memorandum: Petitioner commenced this proceeding seeking the appointment of a guardian ad litem for a grandson, who was injured at the home of his aunt and uncle when he was six years old. Petitioner contends that there is a conflict of interest between the child and his parents, who have refused to commence a personal injury action against family members on the child’s behalf. Supreme Court did not abuse its discretion in denying the petition. By enacting CPLR 1201, the Legislature has “demonstrated a preference for natural guardians” (Stahl v Rhee,…
2Cases cited2 opinions
- Stahl v. RheeAppellate Division of the Supreme Court of the State of New York · 1996
- In re the Accounting of Manufacturers Hanover Trust Co.Appellate Division of the Supreme Court of the State of New York · 1981
3Cited by2 opinions
- Bluntt v. O'ConnorAppellate Division of the Supreme Court of the State of New York · 2002
- In re the Estate of BetzAppellate Division of the Supreme Court of the State of New York · 2010