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This entry was published on 2014-09-22
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Guardian ad litem
Real Property (RPP) CHAPTER 50, ARTICLE 12
§ 388. Guardian ad litem. In any proceeding to register title, the
court may make an order appointing a disinterested attorney, other than
the official examiner of title by whom the title was examined and
reported and certified, to act as guardian ad litem for all minor
persons and for all persons under other disability appearing by the
petition or by the official examiner's report of title to have interests
adverse to those of the petitioner. The petition for the appointment of
said guardian ad litem may be made by the petitioner ex parte at any
time during the pendency of the proceeding. The guardian ad litem thus
appointed upon the application of the petitioner may be the attorney
general of the state of New York, unless it appears to the court that
the state of New York has or claims some interest adverse to that of the
person or persons for whom the attorney general would thus be appointed
guardian ad litem. The question as to the existence of such adverse
claim or interest shall be for the court; and an order appointing the
attorney general as such guardian ad litem shall be sufficient proof
that no such adverse claim or interest exists. Such an order shall be
conclusive as a matter of law after thirty days from the time when a
certified copy of the final order or judgment of registration in the
proceeding is filed in the office of the registrar of the county in
which the property is situated. It shall be the duty of such guardian ad
litem actively to ascertain and protect as is reasonably possible, the
interest of all minor parties to the proceeding and all other parties
under disability. The compensation of such guardian shall be one hundred
dollars, unless the court directs otherwise; but the attorney general
shall not receive any compensation for acting as such guardian ad litem.
No issue requiring a trial shall be raised by the answer of a guardian
ad litem of any minor party or party under other disability unless it
shall affirmatively appear by the official examiner's report or by
answer of the guardian ad litem that such minor party or party under
other disability has an interest adverse to the title or interest sought
to be registered.