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This entry was published on 2014-09-22
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SECTION 1207
Settlement of action or claim by infant, judicially declared incompetent or conservatee, by whom motion made; special proceeding; notice;...
Civil Practice Law & Rules (CVP) CHAPTER 8, ARTICLE 12
§ 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.