In re the Guardianship of Lafontant

OPINION OF THE COURT

Alfred J. Weiner, S.

These are proceedings brought by petitioner and cross petitioners for the guardianship of the person and property of Michael Lafontant, an infant.

This is a motion for summary judgment by the cross petitioners to dismiss the petition for guardianship filed by petitioner. The motion is opposed by the petitioner.

Respondents, who are the maternal grandparents of the *841infant, contend that the petitioner, who is the father, is ineligible, pursuant to SCPA 707, to receive letters of guardianship because he is an illegal alien. Petitioner concedes that he is an…