[*1]
Matter of B.A.M.W. (C.M.W.)
2015 NY Slip Op 51017(U)
Decided on July 10, 2015
Supreme Court, Dutchess County
Pagones, J.
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and will not be published in the printed Official Reports.


Decided on July 10, 2015
Supreme Court, Dutchess County


In the Matter of the Application of B.A.M.W. A/K/A B.A.M.D. ACCEPTING A GUARDIANSHIP TRANSFERRED FROM ANOTHER STATE OF


C.M.W. A MENTALLY RETARDED (OR DEVELOPMENTALLY DISABLED) PERSON, PURSUANT TO NY CLS MEN HYG §83.33


2198/14



THOMAS M. GAMBINO, ESQ.



Attorney for Petitioner



222 Church Street



Poughkeepsie, New York 12601


James D. Pagones, J.

Petitioner commenced a proceeding, pursuant to Mental Hygiene Law §83.33 ("MHL"), requesting that this Court confirm the transfer of a guardianship from the state of Texas. Petitioner has provided proof that notice of the petition as required by MHL §83.33(b) has been given to those persons entitled to notification. After consideration of the petition, together with supporting exhibits (including a certified copy of the provisional order of transfer from Texas), the Court was required, according to MHL §83.33(c), to hold a hearing to determine whether or a not a provisional order accepting transfer of the guardianship is appropriate.

The hearing was conducted on July 9, 2015. The individuals entitled to receive notice were notified of the hearing date and time. There were no appearances, other than the petitioner. After hearing the testimony of B.A.M.W. a/k/a B.A.M.D., the Court finds that the provisional transfer of the Texas guardianship is appropriate. Specifically, the Court was not presented with: (1) an objection to the transfer; or, (2) evidence that the guardian of the person of C.M.W., B.A.M.W. a/k/a B.A.M.D. is ineligible for appointment in this state (MHL §83.33[d][1] & [2]).

Accordingly, the petition is provisionally granted.



Pursuant to MHL §83.33(e):

"The court shall issue a final order accepting the [*2]proceeding and appointing the guardian of the person or guardian of the property as guardian of the person or guardian of the property in this state upon its receipt from the court from which the proceeding is being transferred of a final order issued under provisions similar to section 83.31 of this article transferring the proceeding to this state."

In an effort to identify what constitutes another state's "final order issued under provisions similar to section 83.31 of this article transferring the proceeding to this state", this Court undertook its own research. Upon examination of the Washington State Superior Court of Spokane County's website located at: http://www.spokanecounty.org/SuperiorCourt/content.aspx?c=1132 and reviewing the forms relating to guardianships, a sample final order confirming transfer and terminating the guardianship was located and modified.

Accordingly, in an effort to ease the burden upon the practitioner in this challenging and unfolding area of law, the following form is offered as a guide in order to comply with MHL §83.33(e):



Name of the Court of Origin



X



In the Matter of



File/Index No._________



______________________________,



An Incapacitated Person.



X

Final Order Confirming Transfer and Terminating the Guardianship



I. Findings



1.A Petition to Transfer Guardianship to the State of New York has been filed.



2.A Provisional Order Approving Transfer was entered.



3.A Provisional Order Accepting Transfer of Guardianship has been entered in New York.



5.The guardian herein has provided the necessary documents to terminate the guardianship to this Court.



II. Order



1.The guardianship of the above named incapacitated person is hereby transferred to the State of New York.



2.All statutory requirements have been satisfied, and this [*3]Court terminates the guardianship in the State of __________.



Dated:________________________

Justice/Judge/Magistrate

As stated above, the Court provisionally grants the within petition. This matter will be placed on this Court's calender on August 12, 2015 for the receipt of a final order confirming transfer and terminating the guardianship of the Probate Court in Tarrant County, Texas.

The foregoing constitutes the decision and order of this Court.



Dated:July 10, 2015



Poughkeepsie, New York



ENTER



_______________________________



HON. JAMES D. PAGONES, A.J.S.C.