Surrogate Nora Anderson
A petition to nominate a guardian ad litem (GAL) for the minor Diaz, who was a party to two contracts for artistic and professional services, was brought under Surrogate’s Court Proceeding Act §403(1). Underlying actions were brought by Skutch Entertainment to approve the contracts. The court generally appoints a GAL in such circumstances to review the contract and insure its terms were in accord with requirements of the law and to protect the infant’s interests. The proposed GAL was an experienced entertainment attorney who represented petitioners in negotiating the two contracts between Skutch and Diaz. The attorney claimed that other than working in negotiating the two contracts, he had no involvement with the family, and had no interests adverse to Diaz or her parents. The court stated that while petitioners may nominate a specific attorney to serve as a GAL, it must deny petitioner’s current application. It stated it could not expect petitioner’s nominee to undertake the critical review of contract provisions he himself negotiated with the “distance and objectivity” the court required of a GAL. Thus, the court will appoint a GAL who had no connection with the subject transactions.
