housing court


Maria Milin, Judge, Housing Part

On or about December 8, 1998, respondent moved this court by order to show cause to vacate the judgment in this proceeding. Based upon the oral argument of the motion as well as respon- dent's subsequent court appearances on December 16, 1998 and December 23, 1998, this Court determined that respondent may not be a person adequately capable of protecting her rights and interests in this summary non-payment proceeding. Accordingly, the Court determines that it is necessary for the protection of respondent's rights and interests that a guardian ad litem be appointed for respondent pursuant to CPLR Sections 1201 and 1203.

Furthermore the court has ascertained that Henry Ludmer, Esq, who is a competent and responsible person aware of the nature of this proceeding, is capable and has consented to serve as guard- ian ad litem.

Accordingly, the Court sua sponte (CPLR 1202 a) ap- points Henry Ludmer, Esq. as the guardian ad litem for Bridgette Picart, to serve without bond, and to appear for and protect her rights and interests in this action.

It is further ordered that the appointment of the guardian ad litem pertains only to the relationship of respondent to peti- tioner in this proceeding and is made for the purposes of the guardian ad litem acting to the best of his ability to determine what manner of proceeding in this action is in the best interests of respondent and assisting hte respondent in solving this action.

This proceeding is restored to the Part E calendar on March 31, 1999 at 9:30 am, Room 524, 111 Centre Street. This is the Order of the Court, copies of which have been sent to all parties and the guardian by the Court today.

Date: 3/23/99

The entry in the official record states that my motion was granted. However only my request to vacate the default judgment was granted. The record is silent about my request to amend my answer.