RPAPL 1608 — Legislation

Legislation Search OpenLegislation Statutes Search Term Search icon Search previous SECTION 1607 Service of notice upon presumptive members of class up ARTICLE 16 Judicial Authorization of Sale, Lease, Mortgage, Acquisition, Exchange or Voluntary Partition next SECTION 1609 Final order upon the application Viewing most recent revision (from 2014-09-22) View historical revision as of: -- Choose a Date -- 2014-09-22 Share Facebook Email SECTION 1608 Guardians ad litem Real Property Actions & Proceedings (RPA) CHAPTER 81, ARTICLE 16 § 1608. Guardians ad litem. 1. On the return day of the motion made pursuant to the provisions of either section 1601 or section 1602 the court shall appoint a guardian ad litem for any minor or other person under disability who is a party to the proceeding and is not represented by a duly acting guardian, committee or conservator. 2. On the return day of the motion made pursuant to the provisions of either section 1601 or section 1602, if it appears that a future interest in the affected real property has been so limited that as yet there are neither certain nor presumptive owners thereof in being or ascertained, the court shall appoint a guardian ad litem to represent and to protect the possible interests of the person or persons who eventually may become entitled to such real property, or to an interest therein, under such limitation. The granting of an application is not necessarily precluded by the fact that as yet no person other than the applicant is in being, who can acquire a beneficial or possessory interest in the affected real property.