STATE OF NEW YORK SUPREME COURT: SUFFOLK COUNTY Tn the Matter of the Application of JANET DEMARZO, Commissioner of Suffolk REPLY AFFIRMATION ‘County Department of Social Services, for the Index No, 16328/07 Appointment of a Guardian of the Person and/or Property of MARY ANN HENNEN A Person Alleged to be Incapacitated. STATE OF NEW YORK) COUNTY OF SUFFOLK) Vincent G. Berger, Jr., being an attorney duly admitted to the practice of law in the courts of the State of New York, affirms the following statements to be true under the penalty of perjury: 1. I make this affirmation in reply to the “Affirmation in Opposition to Terminate Guardianship” (sic) submitted by APS. 2. Anoverall reading of the order appointing Special Guardian clearly indicates that the court was concemed about various outstanding offers to purchase MS, HENNEN’S property, that these offers should be reviewed and that MS. HENNEN’s interests should be protected upon a sale of the property. The Special Guardianship would then end. 3. The Court expressed at page 2 of its onder that MS. HENNEN “may be able to live without suffering bau aud without a guardian after the resolution of the specific issues related to the real property...” The Court further stated at page 3 of the order “..that once title has closed and the sale is confirmed, the proceeds, net of any awards of compensation ot disbursement authorized by the Court to the Special Guardian or to others. shall be delivered toMARY ANN HENNEN and such delivery of the net proceeds shall terminate the special guardianship, and the Special Guardian can be discharged....” (emphasis added). 4. Clearly, the appointment of a Special Guardian was intended to accomplish the ‘goals of receiving title and then assisting MS, HENEN in selling the property. 5. As indicated in the moving papers. I reviewed several documents relating to a possible sale of the Nosthport property but no sale materialized at any time during 2008 after my appointment. MS. HENNEN has expressed that she has no present intention of selling her property, therefore it would appear that the expressed and implied intent of the Court in issuing an order appointing a Special Guardian will be accomplished upon the recording of the deed after the County Clerk has received the required social seonrity number. Trespevifully subiuit dat the Court appointed neither a Personal nor Property ‘Management Guardian for MS. HENNEN. It elected to appoint a Special Guardian for the limited purpose of reviewing offers of sale, receiving a deed and supervising the sale of MS. HENNEN’s property. In view of the foregoing, I respectfully submit that the motion made by me as Special Guardian he granted in all respects. Dated: Bubylon, New York July 2, 2009 G. BERGER, JR.SUPREME COURT : STATE OF NEW YORK COUNTY OF SUFFOLK In the Matter of the Application of JANET DEMARZO, Commissioner of ABFIDAVIT IN Suffolk County Department of Social Services, OPPOSITION TO For the appolniment of « Guardian of the Person. TERMINATE And/or property of GUARDIANSHIP INDEX NO. 07-16328 MARY ANN HENNEN An Incapacitated Person. STATE OF NEW YORK ) COUNTY OF SUFFOLK ) us 1, HOWARD SUTHERLAND being duly swom deposes and says: 1. Lam the Director of Adult Protective Services (hereinafter “APS") within the Suffolk County Department of Social Services (hereinafter “SCDSS") and, as such, am familiar with the above captioned matter. 2. 1 submit this in opposition to that portion of the motivn by dhe Special Guardian. which seeks to terminate the guardianship as such tenmination of the guardianship would have no basis in the record. The Special Guardian was given certain powers and responsibilities regarding MS. HENNEN in the Order Appointing Special Guardian dated October 7, 2008, based upon a finding of incapacity. Such powers and responsibilities were as follows: 1) enter into a retainer agreement with legal counsel sclected by MARY ANN HENNEN, or, if she fails to make a selection of counsel, to seek appointment of an attorney consistent with the provisions of 22 NYCRR Part 36;