New York Consolidated Laws, Civil Practice Law and Rules - CVP  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:

(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.