State Codes and Statutes

Statutes > New-york > Rpp > Article-12 > 388

§  388.  Guardian  ad  litem. In any proceeding to register title, the  court may make an order appointing a disinterested attorney, other  than  the  official  examiner  of  title  by  whom  the title was examined and  reported and certified, to act  as  guardian  ad  litem  for  all  minor  persons  and  for  all  persons  under other disability appearing by the  petition or by the official examiner's report of title to have interests  adverse to those of the petitioner.  The petition for the appointment of  said guardian ad litem may be made by the petitioner  ex  parte  at  any  time  during  the pendency of the proceeding. The guardian ad litem thus  appointed upon the application of the petitioner  may  be  the  attorney  general  of  the  state of New York, unless it appears to the court that  the state of New York has or claims some interest adverse to that of the  person or persons for whom the attorney general would thus be  appointed  guardian  ad  litem.  The  question  as to the existence of such adverse  claim or interest shall be for the court; and an  order  appointing  the  attorney  general  as  such  guardian ad litem shall be sufficient proof  that no such adverse claim or interest exists. Such an  order  shall  be  conclusive  as  a  matter  of law after thirty days from the time when a  certified copy of the final order or judgment  of  registration  in  the  proceeding  is  filed  in  the  office of the registrar of the county in  which the property is situated. It shall be the duty of such guardian ad  litem actively to ascertain and protect as is reasonably  possible,  the  interest  of  all  minor parties to the proceeding and all other parties  under disability. The compensation of such guardian shall be one hundred  dollars, unless the court directs otherwise; but  the  attorney  general  shall not receive any compensation for acting as such guardian ad litem.  No  issue  requiring a trial shall be raised by the answer of a guardian  ad litem of any minor party or party under other  disability  unless  it  shall  affirmatively  appear  by  the  official  examiner's report or by  answer of the guardian ad litem that such minor  party  or  party  under  other disability has an interest adverse to the title or interest sought  to be registered.

State Codes and Statutes

Statutes > New-york > Rpp > Article-12 > 388

§  388.  Guardian  ad  litem. In any proceeding to register title, the  court may make an order appointing a disinterested attorney, other  than  the  official  examiner  of  title  by  whom  the title was examined and  reported and certified, to act  as  guardian  ad  litem  for  all  minor  persons  and  for  all  persons  under other disability appearing by the  petition or by the official examiner's report of title to have interests  adverse to those of the petitioner.  The petition for the appointment of  said guardian ad litem may be made by the petitioner  ex  parte  at  any  time  during  the pendency of the proceeding. The guardian ad litem thus  appointed upon the application of the petitioner  may  be  the  attorney  general  of  the  state of New York, unless it appears to the court that  the state of New York has or claims some interest adverse to that of the  person or persons for whom the attorney general would thus be  appointed  guardian  ad  litem.  The  question  as to the existence of such adverse  claim or interest shall be for the court; and an  order  appointing  the  attorney  general  as  such  guardian ad litem shall be sufficient proof  that no such adverse claim or interest exists. Such an  order  shall  be  conclusive  as  a  matter  of law after thirty days from the time when a  certified copy of the final order or judgment  of  registration  in  the  proceeding  is  filed  in  the  office of the registrar of the county in  which the property is situated. It shall be the duty of such guardian ad  litem actively to ascertain and protect as is reasonably  possible,  the  interest  of  all  minor parties to the proceeding and all other parties  under disability. The compensation of such guardian shall be one hundred  dollars, unless the court directs otherwise; but  the  attorney  general  shall not receive any compensation for acting as such guardian ad litem.  No  issue  requiring a trial shall be raised by the answer of a guardian  ad litem of any minor party or party under other  disability  unless  it  shall  affirmatively  appear  by  the  official  examiner's report or by  answer of the guardian ad litem that such minor  party  or  party  under  other disability has an interest adverse to the title or interest sought  to be registered.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Rpp > Article-12 > 388

§  388.  Guardian  ad  litem. In any proceeding to register title, the  court may make an order appointing a disinterested attorney, other  than  the  official  examiner  of  title  by  whom  the title was examined and  reported and certified, to act  as  guardian  ad  litem  for  all  minor  persons  and  for  all  persons  under other disability appearing by the  petition or by the official examiner's report of title to have interests  adverse to those of the petitioner.  The petition for the appointment of  said guardian ad litem may be made by the petitioner  ex  parte  at  any  time  during  the pendency of the proceeding. The guardian ad litem thus  appointed upon the application of the petitioner  may  be  the  attorney  general  of  the  state of New York, unless it appears to the court that  the state of New York has or claims some interest adverse to that of the  person or persons for whom the attorney general would thus be  appointed  guardian  ad  litem.  The  question  as to the existence of such adverse  claim or interest shall be for the court; and an  order  appointing  the  attorney  general  as  such  guardian ad litem shall be sufficient proof  that no such adverse claim or interest exists. Such an  order  shall  be  conclusive  as  a  matter  of law after thirty days from the time when a  certified copy of the final order or judgment  of  registration  in  the  proceeding  is  filed  in  the  office of the registrar of the county in  which the property is situated. It shall be the duty of such guardian ad  litem actively to ascertain and protect as is reasonably  possible,  the  interest  of  all  minor parties to the proceeding and all other parties  under disability. The compensation of such guardian shall be one hundred  dollars, unless the court directs otherwise; but  the  attorney  general  shall not receive any compensation for acting as such guardian ad litem.  No  issue  requiring a trial shall be raised by the answer of a guardian  ad litem of any minor party or party under other  disability  unless  it  shall  affirmatively  appear  by  the  official  examiner's report or by  answer of the guardian ad litem that such minor  party  or  party  under  other disability has an interest adverse to the title or interest sought  to be registered.