Opinion
2003-02675.
Argued September 22, 2003.
November 24, 2003.
In a guardianship proceeding pursuant to Mental Hygiene Law article 81, Jack Gevins appeals, as limited by his brief, from so much of a judgment of the Supreme Court, Kings County (Pesce, J.), dated March 4, 2003, as appointed Steven T. Rondos a co-guardian of the property of Bertha W. and prohibited him from retaining counsel without prior court approval.
Cahill Cahill, P.C., Brooklyn, N.Y. (James H. Cahill, Jr., and Anne O'Brien of counsel), for appellant.
Before: DAVID S. RITTER, J.P., ANITA R. FLORIO, SONDRA MILLER, DANIEL F. LUCIANO, JJ.
DECISION ORDER
ORDERED that the judgment is modified, on the law, by deleting the provision thereof appointing Steven T. Rondos as co-guardian of the property of Bertha W.; as so modified, the judgment is affirmed insofar as appealed from, without costs or disbursements.
In guardianship proceedings pursuant to Mental Hygiene Law article 81, "`strangers will not be appointed [guardian] of the person or property of the incompetent, unless it is impossible to find within the family circle, or their nominees, one who is qualified to serve'" ( Matter of Chase, 264 A.D.2d 330, 331, quoting Matter of Dietz, 247 App. Div. 366, 367). In this case, the appellant, who is the nephew of Bertha W., demonstrated his ability to serve as guardian for his incapacitated aunt. We discern nothing in the record to suggest that the appellant requires the appointment of a co-guardian to assist him in the discharge of his guardianship duties ( cf. Matter of Rothman, 263 N.Y. 31, 34; Matter of Lyon, 52 A.D.2d 847, affd sub nom Hanson v. Lyon 41 N.Y.2d 1056; Matter of West, 13 A.D.2d 599).
The appellant's remaining contention is without merit.
RITTER, J.P., FLORIO, S. MILLER and LUCIANO, JJ., concur.