BERKELEY REALTY, LLC v. BROUGHTON

2013-1316 W C. BERKELEY REALTY, LLC v. BROUGHTON — Motion by appellant to stay, pending the determination of the appeal therefrom, enforcement of an order of the City Court of Yonkers, Westchester County, dated February 14, 2013, which directed appellant to restore respondent's possessions. Separate motion by respondent to vacate a temporary stay issued by this court on June 25, 2013, in effect, for an enlargement of time to serve and file opposition to appellant's motion, and for other relief. By decision and order on motion dated August 23, 2013, the matter was remitted to the City Court for a hearing to determine whether respondent is an adult incapable of adequately defending his rights and, if so, for the appointment of a guardian ad litem pursuant to CPLR 1202, and appellant's motion and respondent's motion were held in abeyance in the interim. By decision and order dated November 13, 2013, the City Court determined that respondent is an adult incapable of adequately defending his rights and appointed a guardian ad litem to appear on his behalf. Separate motion by appellant to stay a conference ordered by the City Court and for other relief.

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2013-1316 W C. BERKELEY REALTY, LLC v. BROUGHTON — Motion by appellant to stay, pending the determination of the appeal therefrom, enforcement of an order of the City Court of Yonkers, Westchester County, dated February 14, 2013, which directed appellant to restore respondent’s possessions. Separate motion by respondent to vacate a temporary stay issued by this court on June 25, 2013, in effect, for an enlargement of time to serve and file opposition to appellant’s motion, and for other relief. By decision and order on motion dated August 23, 2013, the matter was remitted to the City Court for a hearing to determine whether respondent is an adult incapable of adequately defending his rights and, if so, for the appointment of a guardian ad litem pursuant to CPLR 1202, and appellant’s motion and respondent’s motion were held in abeyance in the interim. By decision and order dated November 13, 2013, the City Court determined that respondent is an adult incapable of adequately defending his rights and appointed a guardian ad litem to appear on his behalf. Separate motion by appellant to stay a conference ordered by the City Court and for other relief.

Upon the papers filed in support of the motions and upon the City Court’s determination dated November 13, 2013, it is

BERKELEY REALTY, LLC v. BROUGHTON

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