Opinion
9XXXX/07.
Decided June 20, 2008.
Counsel for the Petitioner: Dominique Penson, Esq. and Dana Cutting, Esq.
Counsel for the Guardian of the incapacitated person: Eric Turkewitz, Esq.
The motion by K.G., the original petitioner in this action, for an order directing the court reporter to provide the him with a transcript of the Article 81 hearing involving V.W. that was held before this court on April 19, 2007, is denied. Mr. G.'s further request for an order directing the clerk of the court to provide the petitioner with an entered copy of any orders within the court's file stemming from the guardianship petition, cross-petition and this motion, is denied. Mr. G.'s further request for an order directing C.N., V.W.'s guardian, to permit Mr. G. to visit his wife, is denied.
Mr. G.'s motion also included a request that this court remove C.N. as guardian of V.W. . However, that request was withdrawn by Mr. G. in a letter written to this court by his attorney. Therefore, this court will not address that branch of Mr. G.'s motion.
Mr. G. seeks a copy of the transcript and further seeks to have the court file unsealed for the purpose of obtaining all orders contained in the court file related to the guardianship matter in order to perfect his appeal. However, Mr. G.'s appeal can be made on a sealed record and since his inability to serve as guardian was a matter of law decided by this court, Mr. G. has not sufficiently demonstrated why a transcript of the entire Article 81 hearing and other subsequent orders related to the guardianship would be relevant or necessary for him to file his appeal. Therefore, his requests for a copy of the transcript and to unseal the record to allow him to obtain copies of all orders contained in the file are denied.
Furthermore, Mr. G.'s request that this court direct the guardian to permit Mr. G. to visit Ms. W. is denied as it is within the guardian's duties to make decisions regarding the social environment and other social aspects of Ms. W.'s life. Mental Hygiene Law § 81.22(a)(2).
Accordingly, Mr. G.'s motion is denied in its entirety.
This constitutes the decision and order of this court.