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Decided on April 23, 2007
Supreme Court, Bronx County

XXXXX/07
Alexander W. Hunter, J.
A petition has been filed for the appointment of a guardian of the person and property of V.W., an alleged incapacitated person (hereinafter known as "the person"). The Court, having been satisfied that the person was served with the order to show cause and petition by personal delivery at least fourteen days prior to the return date, and that all other necessary interested persons required to be served under Mental Hygiene Law section 81.07 were timely served with the order to show cause and petition, appointed a court evaluator from Mental Hygiene Legal Service, Barbara
V. Gurley, C.S.W.
The petition in this matter was filed by the person's purported husband, K.G.. A cross-petition for the same relief was filed by the person's mother and siblings.
At the commencement of the hearing, this court dismissed the petition of K.G. as a matter of law. All of the parties agree that the person requires the appointment of a guardian of her person and property. However, the person's mother and siblings were opposed to the appointment of K.G. as guardian. Mr. G. was convicted of first degree manslaughter and was sentenced to six (6) to eighteen (18) years in prison. He served twelve (12) years in prison and was released in 2003. He is currently on parole. His attorney informed the court that he obtained a certificate of relief from disabilities and is currently working as an EMS technician. Counsel for the cross-petitioners pointed out that Mr. G. is on parole and therefore, his certificate of relief from disabilities is temporary and could be revoked if he violates his parole in any manner.
Part 36 of the Rules of the Chief Judge, specifically 22 NYCRR 36.2( c) (7), which applies to Mr. G., specifies those persons who are disqualified from being appointed as guardian. Subsection 7 states, "No person convicted of a felony...shall be appointed unless that person receives a certificate of relief from disabilities." Pursuant to Corrections Law

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