In re Patricia M. D.
Opinion of the Court
In a proceeding to revoke letters of guardianship of the person of Patricia D., her father, Robert Joseph D., appeals from an order of the Surrogate’s Court, Kings County (Bloom, S.), dated March 10, 1995, which, after a hearing, granted his son’s petition to revoke the letters of guardianship issued to the father and issued letters of guardianship to the son.
Ordered that the order is affirmed, without costs or disbursements.
The Surrogate may exercise its discretion to relieve a guardian from his or her position if "the interest of justice will best be served” based on a showing that modification of a prior guardianship order is necessary to protect the "personal and/or financial interests” of the mentally retarded person (see, SCPA 1755; see generally, Stahl v Rhee, 220 AD2d 39). The Surrogate’s findings of fact are supported by the record. Accordingly, we find that the Surrogate did not improvidently exercise his discretion in granting the petition (see, SCPA 1754, 1755; see, Matter of Darius Ignatius M., 202 AD2d 1, cert denied sub nom. Wilbur M. v Mental Hygiene Legal Serv., 514 US 1130). Rosenblatt, J. P., Pizzuto, Friedmann and Goldstein, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.