MATTER OF THE GUARDIANSHIP OF JERMAINE T.S., (145/13) — On the return date of this SCPA article 17 proceeding commenced pro se by the mother of an infant seeking to designate an individual (Designee) as guardian of the property of the infant, only the Designee appeared. The infant’s father died on October 24, 2012 from a gunshot wound and apparently owned two vehicles, one of which was seized by the Office of the District Attorney, New York County as evidence in the investigation stemming from the circumstances leading to the father’s death. Submitted with the petition is a notice from the district attorney’s office indicating that the vehicle is no longer needed as evidence and may be released. The Designee, a non-distributee of the infant’s father, seeks this appointment so that she may reclaim both vehicles. Moreover, on the return date the Designee indicated that she has an ownership interest in the second vehicle, which is currently being stored in a tow facility operated by the New York City Parking Violations Bureau.
The surrogate’s court is vested with broad authority to closely supervise the management of infants’ property by the guardians of their property (Matter of Title Guar. & Trust Co., 282 App Div 80 [1934], lv denied 268 NY 494 [1935], affd 271 NY 537 [1936]); see also, 4 Warren’s Heaton, Surrogate’s Court Practice 48.08 [1] [2009]), with the guideline that the transactions that are approved should appear to be in the best interests of the infant (Latterman v. Guardian Life Ins. Co., 280 NY 102 [1939]). A guardian of an infant’s property is obligated to preserve, protect and manage the property (SCPA 1723). Although the infant is treated as res, the infant is the real party in interest in a guardianship proceeding (4 Warren’s Heaton, Surrogate’s Court Practice 48.03 [1] [2009]). Finally, it is the petitioner’s burden to “establish, to the court’s satisfaction, not only that the appointment is necessary to protect the interests of the child, but that the nominee is a suitable person, of appropriate character, standing, and ability, whose interests are not adverse to those of the infant.” (4 Warren’s Heaton, Surrogate’s Court Practice 48.03 [10][2009]).
