State Supreme Court Justice Judith O'Shea has formally responded to a lawsuit that seeks to force Chemung County to prove it did not exceed its legal authority in its guardianship of a Horseheads man.
In her response dated July 18, O'Shea denied allegations made in the suit filed by Sara Harvey of Horseheads, who has been fighting for guardianship of her husband Gary. O'Shea also requested that Harvey's suit be dismissed.
In a June 30 ruling, the state Supreme Court's Appellate Division in Albany denied motions by the county to dismiss the suit and ordered O'Shea to file a response to the lawsuit by Aug. 1. State Mental Hygiene Legal Services Attorney Kevin Moshier and the county Department of Social Services guardian were also ordered to file responses.
Gary Harvey, now 60, suffered a traumatic brain injury following a heart attack and subsequent fall down a flight of stairs in January 2006. Sara Harvey had sought legal guardianship of her husband, but the county Department of Social Services was appointed as his legal guardian indefinitely.
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