In re the Guardianship of Leo R.

OPINION OF THE COURT

Eugene E. Peckham, J.

Petitioner, by order to show cause, as SCPA article 17-A guardian of her brother, Leo, requests that the Broome Developmental Center (BDC) be enjoined as follows: (1) to give her unfettered access to her brother anywhere in the BDC facility, (2) to maintain one-on-one monitoring for Leo, (3) to not awaken Leo and force him to get out of bed until he is ready, and (4) to remove Susan W. from the unit at BDC where Leo resides. The action, therefore, is one for mandamus to compel.

Petitioner argues that SCPA 1758 gives the court authority to compel BDC to…