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Home » US Law » 2022 New York Laws » Consolidated Laws » CVP - Civil Practice Law and Rules » Article 12 - Infants, Incompetents and Conservatees

1201 – Representation of Infant, Incompetent Person, or Conservatee.

§ 1201. Representation of infant, incompetent person, or conservatee. Unless the court appoints a guardian ad litem, an infant shall appear by the guardian of his property or, if there is no such guardian, by a parent having legal custody, or, if there is no such parent, by another person or agency having legal custody, […]

1203 – Default Judgment.

§ 1203. Default judgment. No judgment by default may be entered against an infant or a person judicially declared to be incompetent unless his representative appeared in the action or twenty days have expired since appointment of a guardian ad litem for him. No default judgment may be entered against an adult incapable of adequately […]

1204 – Compensation of Guardian Ad Litem.

§ 1204. Compensation of guardian ad litem. A court may allow a guardian ad litem a reasonable compensation for his services to be paid in whole or part by any other party or from any recovery had on behalf of the person whom such guardian represents or from such person’s other property. No order allowing […]

1209 – Arbitration of Controversy Involving Infant, Judicially Declared Incompetent or Conservatee.

§ 1209. Arbitration of controversy involving infant, judicially declared incompetent or conservatee. A controversy involving an infant, person judicially declared to be incompetent or conservatee shall not be submitted to arbitration except pursuant to a court order made upon application of the representative of such infant, incompetent or conservatee; provided, however, that a claim brought […]

R1202 – Appointment of Guardian Ad Litem.

Rule 1202. Appointment of guardian ad litem. (a) By whom motion made. The court in which an action is triable may appoint a guardian ad litem at any stage in the action upon its own initiative or upon the motion of: 1. an infant party if he is more than fourteen years of age; or […]

R1208 – Settlement Procedure; Papers; Representation.

Rule 1208. Settlement procedure; papers; representation. (a) Affidavit of infant’s or incompetent’s representative. An affidavit of the infant’s or incompetent’s representative shall be included in the supporting papers and shall state: 1. his name, residence and relationship to the infant or incompetent; 2. the name, age and residence of the infant or incompetent; 3. the […]

R1210 – Guardian of Infant.

Rule 1210. Guardian of infant. (a) Petition for appointment; by whom presented; contents. An infant, if of the age of fourteen years or more, or a relative or friend of an infant, may present a petition to the court for appointment of a guardian. The petition shall state the age and residence of the infant, […]

R1211 – Allowance for Infant’s Support.

Rule 1211. Allowance for infant’s support. (a) Petition to supreme court, county court or surrogate’s court; contents. A petition to the supreme court, county court or the surrogate’s court for the application of an infant’s property or a portion thereof to the infant’s support, maintenance or education shall set forth in detail: 1. the amount […]