Guardian Ad Litem (GAL) for Respondent in the underlying proceeding . Counsel
asserted that Respondent has a long history of psychiatric and physical disabilities, including that
Respondent suffers from Bipolar Disorder. Counsel asserted that Respondent received SSI
disability benefits as well as pension payments for permanent disability. Counsel stated
Respondent's condition had substantially deteriorated from the inception of the litigation, and
that Respondent was no longer capable of assisting in his own defense. The motion was
supported by documentation from APS showing Respondent was eligible for protective services
as of January 2009. The motion was opposed by Petitioner, who asserted Respondent was
capable of defending his rights and was intentionally attempting to delay the proceeding.On June
4, 2009, the Court (Fitzpatrick, J) granted the motion and appointed Francine Thompson as GAL
for Respondent. The Court adjourned the proceeding to July 7, 2009 for all purposes.
Prior to the GAL motion, on May 5, 2009, Petitioner had moved for an order dismissing
certain of Respondent's defenses and seeking discovery on the affirmative defense asserting
Respondent was disabled and entitled to be provided with alternative housing. On June 4, 2009,
the Court (Fitzpatrick, J) granted that portion of the motion that sought discovery, limited the
warrant of habitability defenses to a set off against use and occupancy, directed Respondent to
pay ongoing use and occupancy, and denied the balance of relief sought by Petitioner.
On July 7, 2009, Petitioner moved for re-argument of that portion of the June 4, 2009 order
that had denied Petitioner's motion to dismiss Respondent's first affirmative defense. On [*3]September 15, 2009, Petitioner's motion for re-argument was