Matter of Barbara S. (Lenora S.)

Matter of Matter of Barbara S. (Lenora S.) 2012 NY Slip Op 07115 Decided on October 24, 2012 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on October 24, 2012
SUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
RANDALL T. ENG, P.J.
PETER B. SKELOS
PLUMMER E. LOTT
JEFFREY A. COHEN, JJ.
2012-00432
(Index No. 11460/11)

[*1]In the Matter of Barbara S. (Anonymous), appellant;

and

Lenora S. (Anonymous), respondent.




Mental Hygiene Legal Service, Mineola, N.Y. (Lesley M. DeLia,
Felicia B. Rosen, Sara O'Connor, and Dennis B. Feld of counsel),
for appellant.
Enea, Scanlan & Sirignano, LLP, White Plains, N.Y. (George
A. Sirignano, Jr., and Sara Meyers of
counsel), for respondent.


DECISION & ORDER

In a proceeding pursuant to Mental Hygiene Law article 81 to appoint a guardian for the personal needs and property management of Barbara S., an alleged incapacitated person, Barbara S. appeals from an order and judgment (one paper) of the Supreme Court, Westchester County (DiBella, J.), entered December 7, 2011, which, after a hearing, granted the petition and appointed a guardian for her personal needs and property management.

ORDERED that the order and judgment is affirmed, without costs or disbursements.

The petitioner demonstrated that the appointment of a guardian for Barbara S., the alleged incapacitated person, was necessary to provide for her personal needs and to manage her property and financial affairs (see Mental Hygiene Law § 81.02[a][1]; Matter of Adam J. [Gwendolyn J.], 89 AD3d 943, 944; Matter of Barbara P. [Doar], 72 AD3d 827, 827-828; Matter of Ardelia R., 28 AD3d 485, 486). The petitioner further established, by clear and convincing evidence, that Barbara S. was likely to suffer harm because she was unable to provide for her personal needs and management of her property, and could not adequately understand and appreciate the nature and consequences of such inability (see Mental Hygiene Law § 81.02[b][1], [2]). Accordingly, the Supreme Court properly appointed Barbara S.'s sister as guardian for Barbara S.'s personal needs and property management (see Matter of Adam J. [Gwendolyn J.], 89 AD3d at 944; Matter of Barbara P. [Doar], 72 AD3d at 827; Matter of Ardelia R., 28 AD3d at 486; Matter of Margaret K., 17 AD3d 466).
ENG, P.J., SKELOS, LOTT and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court