Citation Codes Equivalent Citations citation codes Docket Number Nos. 2010-11205, (Docket No. G-8744-10). Attorney(S) Guercio Guercio, LLP, Farmingdale, N.Y. (Christopher F. Mestecky of counsel), for intervenor-appellant. Judges Mark C. Dillon Sandra Sgroi Robert J. Miller See more information ... Smart Summary Please sign up to generate summary. In the Matter of DIEGO F. MAGNO V, Respondent. FANNY BALSECA et al., Respondents. BOARD OF EDUCATION OF THE HICKSVILLE UNION FREE SCHOOL DISTRICT, Intervenor-Appellant. Ordered that the order is reversed, on the facts and in the exercise of discretion, without costs or disbursements, the petition is denied, and the proceeding is dismissed. The Family Court improvidently exercised its discretion in granting the petition for guardianship. The record fails to show that the subject child's best interests would be served by granting the guardianship ( compare Matter of Alamgir A., 81 AD3d 937, 938; Matter of Trudy-Ann W. v Joan W., 73 AD3d 793, 794; cf. Matter of Proios, 111 Misc 2d 252).