Kings 28 Associates v. Raff

CourtNew York City Court
Writing for the CourtMARC FINKELSTEIN
Citation636 N.Y.S.2d 257,167 Misc.2d 351
PartiesKINGS 28 ASSOCIATES, Petitioner, v. Norman RAFF, Respondent.
Decision Date22 September 1995

Page 257

636 N.Y.S.2d 257
167 Misc.2d 351
KINGS 28 ASSOCIATES, Petitioner,
v.
Norman RAFF, Respondent.
Civil Court of the City of New York,
Kings County.
Sept. 22, 1995.

Paul A. Crotty, Corporation Counsel of New York City (Alan Ferster, of counsel), for Commissioner of Social Services of City of New York.

Stuart I. Jacobs, Brooklyn (Howard Berglas, of counsel), for petitioner.

MARC FINKELSTEIN, Judge:

In accordance with the Decision and Order of July 10, 1995, the Court indicated that it had two motions before it: (1) pro se motion brought by June Raff, wife of respondent

Page 258

Norman Raff, seeking an extension of time to pay arrears pursuant to stipulations between the parties, due to her husband being totally disabled and Protective Services for Adults (PSA) being involved in her case; (2) order to show cause brought by the Corporation Counsel on behalf of DSS/PSA seeking, inter alia, appointment of a guardian ad litem pursuant to CPLR 1201 to protect the rights and interests of Norman Raff, alleging that the health of both Norman Raff and June Raff is such that they cannot adequately defend their rights in this proceeding.

In its 7/10/95 decision the Court, inter alia, held in abeyance the guardian ad litem motion and, based upon the appearance of counsel for DSS/PSA and Mrs. Raff and a discussion of the Raffs' application for Emergency Assistance funds to pay arrears, the Court directed respondent to pay July rent by 8/1/95 and August rent by 8/31/95 and afforded respondent until 8/31/95 to pay the remaining arrears of $5,602.56 through June, 1995. The matter was adjourned to 8/31/95.

Unfortunately, on August 31 the Court was informed by Corporation Counsel that Norman Raff had passed away and that Mrs. Raff was not present as she was attending her husband's funeral. As a result, the matter was adjourned to September 20, 1995.

On 9/20/95 Mrs. Raff appeared along with an attorney for DSS. The Court was informed that Mrs. Raff was the beneficiary of a life insurance policy as a result of her [167 Misc.2d 353] husband's employment with the Immigration Service, the proceeds of which were some $21,000, and that Mrs. Raff was attempting to secure these funds and pay the arrears. Counsel for DSS/PSA requested appointment of a guardian ad litem for June Raff on the grounds that although she is mentally competent, the death of her husband as well as other "subclinical" manifestations, render it difficult for her to take the appropriate actions on her own to enable her to pay the arrears and preserve her long term tenancy. The Court passed the matter to 9/21/95 for appearance of Betty Marshal, Esq.--the guardian ad litem proposed by counsel for DSS/PSA.

Having observed and spoken to June Raff on a number of occasions and having ascertained that Ms. Marshal is capable and has consented to serve as guardian ad litem for June Raff, the Court agrees with the position of counsel for DSS/PSA. Therefore, pursuant to CPLR 1201 and 1202, it is

ORDERED, that Betty Marshal, Esq., who is a competent and responsible person, aware of the nature of the within proceeding, be and is hereby appointed Guardian Ad Litem of June Raff, to serve without bond, and to appear for and protect her rights and interests in this action.

The Court notes petitioner's opposition to said appointment. In short, this Court has considerable experience in this area and sharply disagrees with petitioner's reliance upon 1199 Housing Corp. v. Jackson, NYLJ, March 20, 1991, p. 22, col. 6, Zuckerman v. Burgess, NYLJ, March 13, 1991, p. 22, col. 3, and Silgo 22nd Street Assoc. v. Hennies, NYLJ, April 24, 1991, p. 22, col. 6, for the proposition that this Court lacks jurisdiction to appoint a guardian ad litem because it has no jurisdiction to make capacity/competency decisions. 1 As petitioner sets forth the premise of these cases (all three rendered by Judge Solomon [Civ.Ct., N.Y. County], Housing Court cannot appoint a guardian ad litem unless and until the Supreme Court has first declared the Housing Court litigant incompetent or incapacitated pursuant to what used to be known as committee or conservatorship proceedings and is now known as a proceeding to appoint a guardian of the person and/or property pursuant to...

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11 practice notes
  • Lugo v. Purple & White Markets, Inc., Index No. 300682/2008
    • United States
    • New York Supreme Court
    • 30 Marzo 2011
    ...denied, 89 N.Y.2d 803, 675 N.E.2d 1233, 653 N.Y.S.2d 280 (1996); Cromwell v. LeSannom Bldg. Corp., 222 A.D.2d 307, 636 N.Y.S.2d 256, 636 N.Y.S.2d 257 (1st Dep't 1995); Holloway v. Cha Cha Laundry, Inc., 97 A.D.2d 385, 467 N.Y.S.2d 834 (1st Dep't 1983). An entity may enforce a contract to wh......
  • Bowen v. Rubin, No. CV-01-70 (JBW).
    • United States
    • United States District Courts. 2nd Circuit. United States District Court (Eastern District of New York)
    • 24 Agosto 2001
    ...as a guardian ad litem); Villafane v. Banner, 87 Misc.2d 1037, 1038, 387 N.Y.S.2d 183 (N.Y.Sup.Ct. 1976); Kings 28 Assocs. v. Raff, 167 Misc.2d 351, 356, 636 N.Y.S.2d 257 (N.Y.Civ.Ct.1995); Matter of the Adoption of X, 84 Misc.2d 770, 774, 376 N.Y.S.2d 825 Defendants rely on the Supreme Cou......
  • E.E. v. F.E., xxxxxx
    • United States
    • United States State Supreme Court (New York)
    • 23 Agosto 2019
    ...who does not appear able to adequately defend or prosecute his/her rights in the individual proceeding." Kings 28 Assocs. v. Raff , 167 Misc 2d 351, 354, 636 N.Y.S.2d 257, 259 (Civ. Ct., Kings Co. 1995) (appointing guardian ad litem to a tenant in a housing proceeding based on tenant's in-c......
  • Ditmas Flats, LLC v. Pantoja, No. L & T071904/15.
    • United States
    • New York Civil Court
    • 31 Agosto 2015
    ...appropriate, the housing part of the civil court may appoint a Guardian Ad Litem under CPLR 1202. See, also Kings 28 Associates v. Raff, 167 Misc.2d 351, 636 N.Y.S.2d 257 (Civil Ct., Kings Cty.1995).2 NYCCA § 203 permits an ejectment action where the value of the real property is less than ......
  • Request a trial to view additional results
11 cases
  • Lugo v. Purple & White Markets, Inc., Index No. 300682/2008
    • United States
    • New York Supreme Court
    • 30 Marzo 2011
    ...denied, 89 N.Y.2d 803, 675 N.E.2d 1233, 653 N.Y.S.2d 280 (1996); Cromwell v. LeSannom Bldg. Corp., 222 A.D.2d 307, 636 N.Y.S.2d 256, 636 N.Y.S.2d 257 (1st Dep't 1995); Holloway v. Cha Cha Laundry, Inc., 97 A.D.2d 385, 467 N.Y.S.2d 834 (1st Dep't 1983). An entity may enforce a contract to wh......
  • Bowen v. Rubin, No. CV-01-70 (JBW).
    • United States
    • United States District Courts. 2nd Circuit. United States District Court (Eastern District of New York)
    • 24 Agosto 2001
    ...as a guardian ad litem); Villafane v. Banner, 87 Misc.2d 1037, 1038, 387 N.Y.S.2d 183 (N.Y.Sup.Ct. 1976); Kings 28 Assocs. v. Raff, 167 Misc.2d 351, 356, 636 N.Y.S.2d 257 (N.Y.Civ.Ct.1995); Matter of the Adoption of X, 84 Misc.2d 770, 774, 376 N.Y.S.2d 825 Defendants rely on the Supreme Cou......
  • E.E. v. F.E., xxxxxx
    • United States
    • United States State Supreme Court (New York)
    • 23 Agosto 2019
    ...who does not appear able to adequately defend or prosecute his/her rights in the individual proceeding." Kings 28 Assocs. v. Raff , 167 Misc 2d 351, 354, 636 N.Y.S.2d 257, 259 (Civ. Ct., Kings Co. 1995) (appointing guardian ad litem to a tenant in a housing proceeding based on tenant's......
  • Ditmas Flats, LLC v. Pantoja, No. L & T071904/15.
    • United States
    • New York Civil Court
    • 31 Agosto 2015
    ...appropriate, the housing part of the civil court may appoint a Guardian Ad Litem under CPLR 1202. See, also Kings 28 Associates v. Raff, 167 Misc.2d 351, 636 N.Y.S.2d 257 (Civil Ct., Kings Cty.1995).2 NYCCA § 203 permits an ejectment action where the value of the real property is less than ......
  • Request a trial to view additional results

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