New York Civil Practice
Law & Rules

Article 12, Article 13

NYCPLR Article 12, Infants, Incompetents, Conservatees

Section
        1201. Representation of infant, incompetent person, or
                conservatee.
        1202. Appointment of guardian ad litem.
                (a) By whom motion made.
                (b) Notice of motion.
                (c) Consent.
        1203. Default judgment.
        1204. Compensation of guardian ad litem.
        1205. Liability for costs of infant, judicially declared
                incompetent, or conservatee, or representative.
        1206. Disposition of proceeds of claim of infant, judicially
                declared incompetent or conservatee.
        1207. Settlement of action or claim by infant, judicially
                declared incompetent or conservatee, by whom motion
                made; special proceeding; notice; order of settlement.
        1208. Settlement procedure; papers; representation.
                (a) Affidavit of infant`s or incompetent`s
                    representative.
                (b) Affidavit of attorney.
                (c) Medical or hospital report.
                (d) Appearance before court.
                (e) Representation.
                (f) Preparation of papers by attorney for adverse party.
        1209. Arbitration of controversy involving infant, judicially
                declared incompetent or conservatee.
        1210. Guardian of infant.
                (a) Petition for appointment; by whom presented;
                    contents.
                (b) Hearing.
                (c) Undertaking.
                (d) Direction as to management of estate.
                (e) Filing of certified copy of order of appointment.
        1211.  Allowance for infant`s support.
                (a) Petition to supreme court, county court or
                    surrogate`s court; contents.
                (b) Notice.

  S 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, or, if the infant is married, by
an adult spouse residing with the infant, a person judicially declared
to be incompetent shall appear by the committee of his property, and a
conservatee shall appear by the conservator of his property. A person
shall appear by his guardian ad litem if he is an infant and has no
guardian of his property, parent, or other person or agency having legal
custody, or adult spouse with whom he resides, or if he is an infant,
person judicially declared to be incompetent, or a conservatee as
defined in section 77.01 of the mental hygiene law and the court so
directs because of a conflict of interest or for other cause, or if he
is an adult incapable of adequately prosecuting or defending his rights.

  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
  2. a relative, friend or a guardian, committee of the property, or
conservator; or
  3. any other party to the action if a motion has not been made under
paragraph one or two within ten days after completion of service.
  (b) Notice of motion. Notice of a motion for appointment of a guardian
ad litem for a person shall be served upon the guardian of his property,
upon his committee or upon his conservator, or if he has no such
guardian, committee, or conservator, upon the person with whom he
resides. Notice shall also be served upon the person who would be
represented if he is more than fourteen years of age and has not been
judicially declared to be incompetent.
  (c) Consent. No order appointing a guardian ad litem shall be
effective until a written consent of the proposed guardian has been
submitted to the court together with an affidavit stating facts showing
his ability to answer for any damage sustained by his negligence or
misconduct.

  S 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
protecting his rights for whom a guardian ad litem has been appointed
unless twenty days have expired since the appointment.

  S 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 compensation shall be made except on an
affidavit of the guardian or his attorney showing the services rendered.

  S 1205. Liability for costs of infant, judicially declared
incompetent, or conservatee, or representative. An infant, a person
judicially declared to be incompetent, a conservatee, a person for whom
a guardian ad litem has been appointed, or a representative of any such
person, shall not be liable for costs unless the court otherwise orders.

  S 1206. Disposition of proceeds of claim of infant, judicially
declared incompetent or conservatee. Except as provided in EPTL 7-4.9,
any property to which an infant, a person judicially declared to be
incompetent or a conservatee is entitled, after deducting any expenses
allowed by the court, shall be distributed to the guardian of his
property, the committee of his property or conservator to be held for
the use and benefit of such infant, incompetent, or conservatee except
that:
  (a) in the case of an infant who is married to and resides with an
adult spouse, the court may order that the property be distributed to
such adult spouse for the use and benefit of the infant; or
  (b) if the value of the property does not exceed ten thousand dollars
the court may order the property distributed to a person with whom such
infant, incompetent or conservatee resides or who has some interest in
his welfare to be held for the use and benefit of such infant,
incompetent or conservatee; or
  (c) the court may order that money constituting any part of the
property be deposited in one or more specified insured banks or trust
companies or savings banks or insured state or federal credit unions or
be invested in one or more specified accounts in insured savings and
loan associations, or it may order that a structured settlement
agreement be executed, which shall include any settlement whose terms
contain provisions for the payment of funds on an installment basis,
provided that with respect to future installment payments, the court may
order that each party liable for such payments shall fund such payments,
in an amount necessary to assure the future payments, in the form of an
annuity contract executed by a qualified insurer and approved by the
superintendent of insurance pursuant to articles fifty-A and fifty-B of
this chapter. The court may elect that the money be deposited in a high
interest yield account such as an insured "savings certificate" or an
insured "money market" account. The court may further elect to invest
the money in one or more insured or guaranteed United States treasury or
municipal bills, notes or bonds. This money is subject to withdrawal
only upon order of the court, except that no court order shall be
required to pay over to the infant who has attained the age of eighteen
years all moneys so held unless the depository is in receipt of an order
from a court of competent jurisdiction directing it to withhold such
payment beyond the infant`s eighteenth birthday. Notwithstanding the
preceding sentence, the ability of an infant who has attained the age of
eighteen years to accelerate the receipt of future installment payments
pursuant to a structured settlement agreement shall be governed by the
terms of such agreement. The reference to the age of twenty-one years in
any order made pursuant to this subdivision or its predecessor, prior to
September first, nineteen hundred seventy-four, directing payment to the
infant without further court order when he reaches the age of twenty-one
years, shall be deemed to designate the age of eighteen years; or
  (d) the court may order that the property be held for the use and
benefit of such infant, incompetent or conservatee as provided by
subdivision (d) of section 1210.

  S 1207. Settlement of action or claim by infant, judicially declared
incompetent or conservatee, by whom motion made; special proceeding;
notice; order of settlement. Upon motion of a guardian of the property
or guardian ad litem of an infant or, if there is no such guardian, then
of a parent having legal custody of an infant, or if there is no such
parent, by another person having legal custody, or if the infant is
married, by an adult spouse residing with the infant, or of the
committee of the property of a person judicially declared to be
incompetent, or of the conservator of the property of a conservatee, the
court may order settlement of any action commenced by or on behalf of
the infant, incompetent or conservatee. If no action has been commenced,
a special proceeding may be commenced upon petition of such a
representative for settlement of any claim by the infant, incompetent or
conservatee in any court where an action for the amount of the proposed
settlement could have been commenced.  Unless otherwise provided by rule
of the chief administrator of the courts, if no motion term is being
held and there is no justice of the supreme court available in a county
where the action or an action on the claim is triable, such a motion may
be made, or special proceeding may be commenced, in a county court and
the county judge shall act with the same power as a justice of the
supreme court even though the amount of the settlement may exceed the
jurisdictional limits of the county court. Notice of the motion or
petition shall be given as directed by the court. An order on such a
motion shall have the effect of a judgment. Such order, or the judgment
in a special proceeding, shall be entered without costs and shall
approve the fee for the infant`s, incompetent`s or conservatee`s
attorney, if any.

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Article 12, Continued . . .
Article 13, below

  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 circumstances giving rise to the action or claim;
  4. the nature and extent of the damages sustained by the infant or
incompetent, and if the action or claim is for damages for personal
injuries to the infant or incompetent, the name of each physician who
attended or treated the infant or incompetent or who was consulted, the
medical expenses, the period of disability, the amount of wages lost,
and the present physical condition of the infant or incompetent;
  5. the terms and proposed distribution of the settlement and his
approval of both;
  6. the facts surrounding any other motion or petition for settlement
of the same claim, of an action to recover on the same claim or of the
same action;
  7. whether reimbursement for medical or other expenses has been
received from any source; and
  8. whether the infant`s or incompetent`s representative or any member
of the infant`s or incompetent`s family has made a claim for damages
alleged to have been suffered as a result of the same occurrence giving
rise to the infant`s or incompetent`s claim and, if so, the amount paid
or to be paid in settlement of such claim or if such claim has not been
settled the reasons therefor.
  (b) Affidavit of attorney. If the infant or incompetent or his
representative is represented by an attorney, an affidavit of the
attorney shall be included in the supporting papers and shall state:
  1. his reasons for recommending the settlement;
  2. that directly or indirectly he has neither become concerned in the
settlement at the instance of a party or person opposing, or with
interests adverse to, the infant or incompetent nor received nor will
receive any compensation from such party, and whether or not he has
represented or now represents any other person asserting a claim arising
from the same occurrence; and
  3. the services rendered by him.
  (c) Medical or hospital report. If the action or claim is for damages
for personal injuries to the infant or incompetent, one or more medical
or hospital reports, which need not be verified, shall be included in
the supporting papers.
  (d) Appearance before court. On the hearing, the moving party or
petitioner, the infant or incompetent, and his attorney shall attend
before the court unless attendance is excused for good cause.
  (e) Representation. No attorney having or representing any interest
conflicting with that of an infant or incompetent may represent the
infant or incompetent.
  (f) Preparation of papers by attorney for adverse party. If the infant
or incompetent is not represented by an attorney the papers may be
prepared by the attorney for an adverse party or person and shall state
that fact.

  S 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 on behalf of an
infant pursuant to paragraph one or two of subdivision (f) of section
three thousand four hundred twenty of the insurance law may be submitted
to arbitration without a court order.

  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, the name and residence of any living parent
and of the person proposed as guardian, the relationship if any which
such person bears to the infant, and the nature, status and value of the
infant`s estate.
  (b) Hearing. The court shall ascertain the age of the infant, the
amount of his personal property, the gross amount or value of the rents
and profits of his real estate during his minority, and the sufficiency
of the security offered by the proposed guardian. If the infant is of
the age of fourteen years or more, the court shall examine him as to his
voluntary nomination of or preference for a suitable guardian; if he is
under the age of fourteen, the court shall select and appoint a suitable
guardian.
  (c) Undertaking. The court shall make an order requiring or dispensing
wholly or partly with an undertaking, in an amount and according to the
conditions set forth in section seventeen hundred eight of the
surrogate`s court procedure act.
  (d) Direction as to management of estate. The court in its discretion
may direct that the principal of the estate or any part of it be
invested in bonds of the state of New York or of the United States, or
invested in bonds or other obligations of any county, city, town,
village or school district of the state of New York, or deposited with
any bank, trust company, insured savings and loan association or insured
savings bank or insured state or federal credit union which has been
designated as a depository for such fund; or invested in a bond and
mortgage on unincumbered and improved property within the state, having
a value, to be shown to the satisfaction of the court, of at least
double the amount of principal invested, for the benefit of the infant,
and may direct that only the interest or income be received by the
guardian.
  (e) Filing of certified copy of order of appointment. Upon the
appointment of a guardian of the person or property, or both, of an
infant, the guardian shall file a certified copy of the order of his
appointment with the clerk of the surrogate`s court of the county in
which he has been appointed.

  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 and nature of the infant`s property, where it is
situated and how invested, his income from such property or any other
source and any claim against the infant;
  2. whether or not the infant`s parents are living and, if either of
them is living, all circumstances relative to their ability to support
the infant, and, if neither of them is living, the names of other
persons legally obligated to support the infant and the circumstances
relative to their ability to support the infant; and
  3. the terms of any previous order made by any court within or without
the state for similar relief and the disposition made of any property
pursuant thereto.
  (b) Notice. Such notice as the court shall direct shall be given to:
  1. the guardian of the property of the infant, if the petition is
presented by a person other than such guardian;
  2. the infant`s father if he is living or, if not, then to the
infant`s mother or, if neither parent is living, then to the person with
whom the infant resides; and
  3. the infant if he is of the age of fourteen years or more.

NYCPLR Article 13, Actions by the State

	
         Section 
         1301. Actions in behalf of the people to be brought in the name
                of the state.

        1302. Action brought on relation of a person.

        1303. Procedure in action brought by the state.



  S 1301. Actions in behalf of the people to be brought in the name of
the state. An action brought in behalf of the people, except an action
to recover a penalty or forfeiture expressly given by law to a
particular officer, shall be brought in the name of the state.



  Sec. 1302.  Action brought on relation of a person.  Where an action
is brought by the attorney-general on the relation or information of a
person having an interest in the question, the complaint shall allege,
and the title of the action shall show, that the action is so brought.
As a condition of bringing an action for the benefit of a person having
an interest in the question, the attorney-general shall require the
relator to give an undertaking to indemnify the state against costs and
expenses.



  S 1303. Procedure in action brought by the state. Except as otherwise
specially prescribed by statute or rule the proceedings in an action
brought by the state shall be the same as in an action by a private
person.