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Obszanski v. Simon

Prior appointment of Article 81 guardian leads to vacatur of stipulation entered into by guardian ad litem.

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Judge Kramer

OBSZANSKI v. SIMON This nonpayment proceeding was commenced in January, 2002 on the assertion that the respondent owed rent arrears at the rate of $375 per month since January, 2001. Although the petition stated that the apartment was part of a multiple dwelling, it did not specify whether the tenancy was rent regulated. The respondents oral answer was financial difficulty. On the return date of the petition, it became apparent to the Court and the parties that the respondent was not capable of proceeding in this matter without the assistance of a Guardian. The matter was therefore referred to Adult Protective Services and adjourned for the Commissioner of Social Services to bring a motion to have a Guardian ad Litem (G.A.L.) appointed pursuant to Article 12 of the CPLR.

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