Monroe Community Hospital, Mental Hygiene Legal Service, and Robert Flight, Court Appointed Guardian for Edward D. Flight, Respondents-Respondents. v. << (2004)

Supreme Court, Appellate Division, Fourth Department, New York.

Matter of Application of Isabelle T. FLIGHT, Petitioner-Appellant, For the Appointment of a Guardian for Edward D. Flight, an Alleged Incapacitated Person, Respondent. Monroe Community Hospital, Mental Hygiene Legal Service, and Robert Flight, Court Appointed Guardian for Edward D. Flight, Respondents-Respondents.

Decided: June 14, 2004

PRESENT: GREEN, J.P., PINE, KEHOE, GORSKI, AND HAYES, JJ.

Isabelle T. Flight, Petitioner-Appellant Pro Se. Daniel M. DeLaus, County Attorney, Rochester (Mark E. Maves of Counsel), for Respondent-Respondent Monroe Community Hospital. Davidson, Fink, Cook, Kelly & Galbraith, LLP, Rochester (Eugene T. Clifford of Counsel), for Respondent-Respondent Robert Flight, Court Appointed Guardian for Edward D. Flight.

Supreme Court properly exercised its discretion in appointing respondent Robert Flight as guardian for the personal and financial needs of his brother, Edward D. Flight, an incapacitated person. We reject the contention of petitioner that the court erred in failing to appoint one or more of the non-family members she had proposed as guardian (see generally Matter of Chase, 264 A.D.2d 330, 331, 694 N.Y.S.2d 363). The record establishes that Robert is a suitable guardian and that his appointment is in the best interests of the incapacitated person (see Matter of Rudick, 278 A.D.2d 328, 329, 718 N.Y.S.2d 202). Petitioner failed to preserve for our review her contention that the court erred in revoking the durable power of attorney previously executed by Edward in favor of petitioner and Robert.

It is hereby ORDERED that the order and judgment so appealed from be and the same hereby is unanimously affirmed without costs.

MEMORANDUM:

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