MATTER OF EIRICH v. COSTELLO


309 A.D.2d 934 (2003)

766 N.Y.S.2d 112

In the Matter of KNUT EIRICH, Respondent, v. DIANE COSTELLO, Appellant.

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

Decided October 27, 2003.


Ordered that the judgment is affirmed, with costs.

Contrary to the appellant's contention, the Supreme Court did not err in failing to, sua sponte, appoint a guardian ad litem for her at the commencement of the proceeding. There was no evidence before the court prior to the day of trial, when the appellant's attorney formally sought the appointment of a guardian ad litem, to show that she was incapable of adequately prosecuting or defending her rights (see...

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