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  5. 33 A.D.2d 990 (1970)
 

MATTER OF THOMS

33 A.D.2d 990 (1970)

In the Matter of Helen D. Thoms and Another. Janet T. Ingersoll, Appellant; Security Trust Co. of Rochester, Respondent

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

January 15, 1970

Order unanimously modified by striking appointment of guardian ad litem, and as so modified affirmed, with costs to all parties filing briefs, payable out of the fund.

Memorandum:

Under CPLR 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...

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