¶1—Order unanimously modified by striking appointment of guardian ad litem, and as so modified Memorandum : Under CP-LR 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, *991in the absence of a showing that if such procedure were followed it would constitute a danger to the infants’ interests (see Matter of Beyer, 21 A D 2d 152, 155; Matter of Leggett, 25 A D 2d 727). No such showing is made here. (Appeal from order of Monroe Special Term granting motions to join parties and for other relief.) Present — Goldman, P. J., Marsh, Witmer, Moule and Henry, JJ.
33 A.D.2d 990
In re Thoms
Appellate Division of the Supreme Court of the State of New York
Decided January 15, 1970
Appellate Division of the Supreme Court of the State of New York · decided 1970-01-15
Decided 1970-01-15