N.Y. Civil Practice Law & Rules § 1202: Appointment of guardian ad litem

Rule 1202. Appointment of guardian ad litem. (a) By whom motion made.

The court in which an action is triable may appoint a guardian ad litem

at any stage in the action upon its own initiative or upon the motion

of:

1. an infant party if he is more than fourteen years of age; or

2. a relative, friend or a guardian, committee of the property, or

conservator; or

3. any other party to the action if a motion has not been made under

paragraph one or two within ten days after completion of service.

(b) Notice of motion. Notice of a motion for appointment of a guardian

ad litem for a person shall be served upon the guardian of his property,

upon his committee or upon his conservator, or if he has no such

guardian, committee, or conservator, upon the person with whom he

resides. Notice shall also be served upon the person who would be

represented if he is more than fourteen years of age and has not been

judicially declared to be incompetent.

(c) Consent. No order appointing a guardian ad litem shall be

effective until a written consent of the proposed guardian has been

submitted to the court together with an affidavit stating facts showing

his ability to answer for any damage sustained by his negligence or

misconduct.