Ciena v. State
| Decision Date | 22 January 1960 |
| Citation | 165 N.E.2d 581,7 N.Y.2d 939,197 N.Y.S.2d 740 |
| Parties | , 165 N.E.2d 581 Application of Emilio CIENA, for the Appointment of a Guardian ad Litem for Juana Lugo, a person of unsound mind, Respondent, v. State of New York, Appellant. |
| Court | New York Court of Appeals Court of Appeals |
Appeal from Supreme Court, Appellate Division, Third Department, 8 A.D.2d 877, 187 N.Y.S.2d 59.
Petitioner filed an application for an order appointing a guardian ad litem for an alleged incompetent, who had not been judicially declared incompetent, for purpose of filing a claim against the State of New York for injuries allegedly sustained by the alleged incompetent as result of an assault by an attendant at a state hospital.
The Court of Claims, Alexander Del Giorno, J., 10 Misc.2d 576, 172 N.Y.S.2d 104, entered an order denying petitioner's motion to vacate a prior order setting aside an ex parte order appointing a guardian ad litem for the alleged incompetent, and the petitioner appealed.
The Appellate Division, 8 A.D.2d 877, 187 N.Y.S.2d 59, reversed the order, reinstated the prior order appointing a guardian ad litem, and held that in view of the fact that alleged incompetent was actually an inmate of an institution for mentally unsound persons, she was entitled to appointment of a guardian ad litem to protect her interests, even though she had not been judicially declared to be an incompetent.
The State of New York appealed to the Court of Appeals.
Order affirmed, with costs.
All concur.
FOSTER, J., taking no part.
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