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MATTER OF SMERGUT (LD)

29901-I-10

31 Misc.3d 875 (2011)

In the Matter of PETER SMERGUT, Executive Director of Life's WORC, Inc., Petitioner, for the Appointment of a Special Guardian of the Property of LD, an Alleged Incapacitated Person.

Supreme Court, Nassau County.

Decided March 1, 2011.

Attorney(s) appearing for the Case

Clifford A. Meirowitz , New York City, for petitioner. Mental Hygiene Legal Service, East Meadow ( Lillian Sondon , of counsel), for LD. Eric T. Schneiderman , Attorney General, Albany (Mark Brody of counsel), for New York State Office for People with Developmental Disabilities. Lisa Laplace , New York City, for New York Civil Liberties Union. Wendy Sheinberg , Islandia, Court Evaluator.

OPINION OF THE COURT

ARTHUR M. DIAMOND, J.

The petitioner, Peter Smergut, Executive Director of Life's WORC moves by order to show cause pursuant to article 81 of the Mental Hygiene Law for the appointment of a special guardian on behalf of LD, an alleged incapacitated person, to serve as property manager on her behalf. The powers requested for the special guardian are specific: to transfer certain Social Security disability payments that have been awarded...

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