Opinion
2002-10388.
Decided December 8, 2003.
In a proceeding pursuant to Mental Hygiene Law article 81 to appoint a guardian, the petitioner, Yesenia T., appeals, as limited by her brief, from so much of an order of the Supreme Court, Kings County (Hall, J.), dated October 3, 2002, as, in effect, denied her application to appoint her attorney Steven T. Rondos as co-guardian of the property of the incapacitated person, and instead appointed Etta I. as co-guardian of the property of the incapacitated person.
Raia Rondos, (Steven T. Rondos of counsel), for appellant.
Before: DANIEL F. LUCIANO, SANDRA L. TOWNES, JJ.
DECISION ORDER
ORDERED that the order is reversed insofar as appealed from, on the law, without costs or disbursements, the appointment of Etta I. as co-guardian of the incapacitated person's property is vacated, and the application to appoint Steven T. Rondos as co-guardian of the property is granted.
We agree with the petitioner that it was an improvident exercise of the Supreme Court's discretion to disregard her stated preference as to who should serve as co-guardian of her incapacitated son's property. The case law in this State has firmly established that a stranger will not be appointed as guardian of an incapacitated person "`unless it is impossible to find within the family circle, or their nominees, one who is qualified to serve' ( Matter of Dietz, 247 App. Div. 366, 367)" ( Matter of Klein, 145 A.D.2d 145; see also Matter of Gustafson, 308 A.D.2d 305; Matter of Robinson, 272 A.D.2d 176; Matter of Chase, 264 A.D.2d 330).
Accordingly, we vacate the appointment of Etta I., and instead appoint the petitioner's attorney, Steven T. Rondos, as co-guardian of the incapacitated person's property.
SMITH, J.P., McGINITY, LUCIANO and TOWNES, JJ., concur.