N.Y. Real Property Law Section 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.

Source: Section 388 — Guardian ad litem, https://www.­nysenate.­gov/legislation/laws/RPP/388 (updated Sep. 22, 2014; accessed Apr. 27, 2024).

370
Petition to register title to real property 371
Petitions and proceedings to be in supreme court 372
County clerks and registers to be registrars of title 373
Registrar’s bond 374
Deputy registrars’ powers and duties 375
Compensation of registrars and deputy registrars, official examiners of title, and registration clerks 376
Disposition of fees received by registrar 377
Official examiners of title 378
What owners may apply 379
Contents of petition for registration 380
Official examiner’s report of title 381
Survey, map or plan to be filed 382
Notice of petition and of pendency of proceeding 385
Proceedings upon the petition 386
Form of notice to parties 388
Guardian ad litem 389
Any person interested may appear and defend 390
Title in lands vested 391
Final orders conclusive 392
Fraud 393
Registration of title 394
Certificate of title 395
Title book 396
Duplicate certificate of title 398
Certificate to include dealings pending registration 399
Certificate of title as evidence 400
Rights of owners of registered property 401
Registered property not affected by prescription or adverse possession 402
Fraud 403
Memorial to be carried forward 404
Registered property to remain registered 404‑A
Withdrawal from registration in certain instances 405
Registered property subject to same rights and burdens as unregistered property 406
Transfers of registered property 407
Certificate as to part of property remaining after transfer 409
Filing, entering and indexing papers pursuant to this act 409‑A
Entries in other indexes 410
Notice of filed papers 411
Addresses of interested parties 412
When a transfer is deemed to be registered 413
New certificates of title 414
Loss of duplicate certificate 415
Mortgages, leases and other liens and charges 416
Proceedings to register mortgage, lease or other lien or charge 417
Judgments, decrees, attachments and other liens to be noted on certificate 418
Assignment of mortgage, lease, or other lien or charge 419
Release, discharge or surrender of charge or incumbrance 420
Enforcement of mortgages, charges, liens and incumbrances 421
Powers of attorney to be filed and registered 422
Reference of doubtful matters to the court 423
Death of owner of registered property 423‑A
Form for transfer of property upon death of owner of registered property 426
Assurance fund 427
Compensation from assurance fund 428
Action against assurance fund 429
Restrictions on claims against assurance fund 430
Penalties for fraudulent acts or false certificates 431
Forgery and fraudulent stamping 432
Fees to be charged 433
Construction of article 434
Form for official examiner’s report of title 435
Form for certificate of title 436
Termination of title registration procedures
Green check means up to date. Up to date

Accessed:
Apr. 27, 2024

Last modified:
Sep. 22, 2014

§ 388’s source at nysenate​.gov

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