Contracts · MBE-tested
In the Matter of Helen D. Thoms and Another. Janet T. Ingersoll, Appellant; Security Trust Co. of Rochester, Respondent
33 A.D.2d 990·New York Supreme Court, Appellate Division·1970·NY
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Opinion
In the Matter of Helen D. Thoms and Another. Janet T. Ingersoll, Appellant; Security Trust Co. of Rochester, Respondent.
[MAJORITY]
—Order unanimously modified by striking appointment of guardian ad litem, and as so modified Memorandum : Under CP-LR 1201,1202 the appointment of a guardian ad litem should await the application of the persons entitled to move for the appointment of the guardian ad litem, and be made after due consideration of any recommendation, in the absence of a showing that if such procedure were followed it would constitute a danger to the infants’ interests (see Matter of Beyer, 21 A D 2d 152, 155; Matter of Leggett, 25 A D 2d 727). No such showing is made here. (Appeal from order of Monroe Special Term granting motions to join parties and for other relief.) Present — Goldman, P. J., Marsh, Witmer, Moule and Henry, JJ.