ESTATE OF DONNA ACOSTA, also known as DONNA MARIE ACOSTA, Deceased (547/A/09) and IN THE MATTER OF THE GUARDIANSHIP OF DANTE A. W.

ESTATE OF DONNA ACOSTA, also known as DONNA MARIE ACOSTA, Deceased (547/A/09) and IN THE MATTER OF THE GUARDIANSHIP OF DANTE A. W., (472/A/09) — In the above estate and related guardianship proceeding the decedent's brother, who is the maternal uncle of the decedent's infant son and sole distributee moves, pursuant to CPLR 3212 and SCPA 711(4), for summary judgment revoking the letters of guardianship of the property that issued to the infant's father as well as the limited letters of administration that issued to the infant's father, as guardian, in the decedent's estate. The infant's father opposes the motion contending there is no basis for revocation and a hearing is warranted.

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ESTATE OF DONNA ACOSTA, also known as DONNA MARIE ACOSTA, Deceased (547/A/09) and IN THE MATTER OF THE GUARDIANSHIP OF DANTE A. W., (472/A/09) — In the above estate and related guardianship proceeding the decedent’s brother, who is the maternal uncle of the decedent’s infant son and sole distributee moves, pursuant to CPLR 3212 and SCPA 711(4), for summary judgment revoking the letters of guardianship of the property that issued to the infant’s father as well as the limited letters of administration that issued to the infant’s father, as guardian, in the decedent’s estate. The infant’s father opposes the motion contending there is no basis for revocation and a hearing is warranted.

The decedent died on November 10, 2008 at the age of 46 survived by the infant under the age of 14, her sole distributee. The infant’s father obtained letters of guardianship of the infant’s property by decree dated March 13, 2009 and, by decree dated May 31, 2009, was granted limited letters of administration in the decedent’s estate, subject to a $95,000 bond and SCPA 702 (1) restrictions with respect to causes of action for alleged personal injury and wrongful death of the decedent. At the time of his petition for letters of guardianship, the father alleged that the infant lived with him and the infant’s paternal grandmother, he supported the infant with his own disability payments and the infant’s survivor benefits resulting from the decedent’s death although he was unemployed, and neither he nor the paternal grandmother were ever the subject of any abuse or neglect proceeding. A background check by the New York State Office of Children & Family Services confirmed that neither the father nor the paternal grandmother were the subject of any indicated report of child abuse and maltreatment. Since the date that letters of guardianship of the infant’s property issued, the father has not filed any annual accountings with the court’s Guardianship Department.

ESTATE OF DONNA ACOSTA, also known as DONNA MARIE ACOSTA, Deceased (547/A/09) and IN THE MATTER OF THE GUARDIANSHIP OF DANTE A. W.

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