Thursday, July 28, 2011

Justice O'Shea Responds to Gary Harvey Suit

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.

Judge Responds to Horseheads Woman's Lawsuit

See Also:
Gary Harvey - At the Mercy of a Cold, Heartless System

Gary Harvey - Out of Sight Out of Mind

NY Supreme Court Appellate Division Will Not Dismiss Gary Harvey's Suit Against County, Judge, and Court-Appointed Attorney


Tim said...

man --- bad week for Judges

first three stories on the blog

Should make us all smile ear to ear.

Next up; Mental Hygiene Legal Services attorney ... this guy is a genuis --- in all his court appearances NEVER has he asked any question about Gary's treatment or care plan relative to "mental hygiene" issues ... A mental Hygiene attorney, a Mental Hygiene guardianship --- and no "mental hygiene" evidence, testimony, and or discussion of "mental hygiene" treatments.

Why is O'Shea allowing this charade to continue? Clearly Gary is not a "mental hygiene" patient, and, why does he have a mental hygiene lawyer? ---

We know why

Yep, we do

Dan said...

Weak reply denying everything. Wonder what Kevin Moshiers reply will be?Kevin Moshier needs to lose his license for what he did. I hope the guys in prison do to him what has been done to Gary Harvey. Eye for and eye and tooth for a tooth. Wonder if he sleeps at night? Think he might have a concious? Think he will ever repent?

Kevin Moshier posts his Face Book religious views "If you want to know what I believe, go read the Apostles' I did and this is what he beleives.
I believe in God, the Father Almighty,
the Maker of heaven and earth,
and in Jesus Christ, His only Son, our Lord:
Who was conceived by the Holy Ghost,
born of the virgin Mary,
suffered under Pontius Pilate,
was crucified, dead, and buried;
He descended into hell.
The third day He arose again from the dead;
He ascended into heaven,
and sitteth on the right hand of God the Father Almighty;
from thence he shall come to judge the quick and the dead.
I believe in the Holy Ghost;
the holy catholic church;
the communion of saints;
the forgiveness of sins;
the resurrection of the body;
and the life everlasting.
A lot different than he treated Gary Harvey. Is Kevin Moshier a fake of his own beliefs? Rightly so for the profits of his pals and former pals at the Davidson & O'Mara Law Firm.

Sam said...

The system has failed Gary Harvey moserably in Chemung County. Justice O'Shea who has a duty to protect let him down, his court-appointed attorney Kevin Moshier has let him down, sold him out, his guardian has let him down, the county fails to protect him for this simple reason "the profit of their private client St. Joseph Hospital" where Kevin Moshier gets most of his clients on the BSU floor that is OMRDD certified. Something Gary Harvey is not a patient per MHLS 81 setting.

If any one were to blame here it would be Kevin Moshier who has repeatedly, intentionally and purposely kept the couple apart because he let his feelings and emotions get in the way of Mrs. Harvey's only means to advocate for her disabled husband after the county and attorneys robbed their entire savings and future by turning what was suppose to be a family matter into litigation.

They left them broke and the only means Sara Harvey knows to fight back is to write her letters, file her complaints and get the power media to expose the dishonesty in this County Court.

Scott said...

Favorite quotes from Kevin Moshiers face book page
"shams and delusions are esteemed for soundest truths, while reality is fabulous..." Thoreau

So what it means is that people are ready to believe lies and untruths, while they don't want to believe the real truth.

This is our “ole former county attorney” who is still part fo the club Kevin Moshier telling lies like he did April 29th about Tim Lahrman who happened to be EXHIBIT A on the court decision and order June 20th which was supposed to be about Gary Harvey and the removal of his abusers. The judge bought into it ,hook , line and sinker.

Poor Tim was not there to defend this lie and Kevin Moshier’s pal Don Thomson swore to it. By the looks of all this I know where they are headed and heard it is pretty hot down there.

Anonymous said...

Hey Scott at least they won’t be alone like Mr. Harvey.

Diane said...

I agree Kevin Moshier should lose his license and get raped like he did Gary Harvey and his wife,

but to better his lies, crimes, theft of Gary Harvey's liberties and life by making the court a mockery is being inside the walls of bars would best serve him.

Anonymous said...

The judge is a plant, the dirt in the plant is Kevin Moshier and the Maggs is the pot the plant and dirt resides.

Sara Harvey said...

Sure seems to me that Kevin Moshier is the only one responsible who brought an action to kick my husband out of our home and of course our marriage too, and Judge O'Shea went right along with it.

A motion has been filed to the Appellate court that the Attorney general is not to represent Judge O'Shea and that in fact the attorney General's duty is to protect all the citizens of NY when allegations arise with corrution and failure of duties to the wards,elders, vulernable and disabled people.

As Attorney General, I will keep fighting to make sure that every New Yorker has the fundamental civil rights that come with a marriage license.

Eric Schneiderman: I will place a public integrity officer in each of the Attorney General’s regional offices, with an eye not only to ending corruption in state government, but also cleaning up local governments.

Lets see if the appellate court will protect my husband. This is his only hope.

Conni said...

I'm not surprised that she denied the allegations. She probably doesn't have the guts to stand up and admit she's let Gary Harvey's court-appointed guardian neglect him.

Beth said...

Judges are so darned arrogant. If Gary Harvey were Judge O'Shea's husband, she'd be shouting and carrying on like a wild woman. But, Gary Harvey is Sara Harvey's husband and Judge O'Shea is not related to Gary Harvey nor does she even know him. Thus, to her, Gary Harvey is just a name -- and Sara Harvey is a hiccup in the judge's day. It's very sad to see judges become this callous and uncaring.

Suzanne said...

Send Gary Harvey home, Justice O'Shea. Do the right thing for him. Let your conscience be eased of the burden you carry now.

Gloria Jean Sykes said...

We have a loving responsibility to our loved ones to protect them from harm, to encourage growth and rehabilitation, and for any person or court to prevent Sara from caring for and loving her husband, Gary, such behaviors and actions should demand immediate punishment, disbarment, and (in my opinion) Kevin Moshier should be thrown down a pit, left alone with no food, water, family or friends, or medical attention for five years, or equivalent to the time Moshier has spent doing Gary and Sara harm! That Moshier is a part of a pack of GAL's throughout America who care little about humanity and all about dollars and cents. That no court, person, church, or entity has the right to take a life and prevent a person from proper care and treatments, isolate him or her from family and friends. That the Appellate Court needs to respond quickly and do the right thing. (But then in Cook County, Chicago, my appeal was dismissed because I didn't have 1 inch margins, rather than the merits of the case, that a respondent to a petition for an order of protection was appointed the guardianship of my mother, a 92, year old vibrant woman, who is now isolated, drugged, and *** I have little faith that any Appellate Court or Justice cares about doing the right thing, when billions of dollars are at stake) rather than the lives of decent, loving American Citizens. Apparently the Court and officers of the court believe they've won and therefore did not need to file a strong reply. It's business as usual in American Courts. The problem is, that the Kevin Moshiers of the world, which there are thousands, didn't realize that Sara is supported by ten times the people who will fight for Gary's life, as they are fighting for the lives of their loved one who suffer at the hands of Guardian Ad Litems, Guardians, Court appointed officers, and Justices. Sara will prevail as we all will prevail. The clock is ticking, however.... (Kevin Moshier should be tossed down a deep hole and denied medical treatment, food and water, and the companionship of loved ones and then disbarred ......)

Gloria Jean Sykes said...

Sara you will prevail. Kevin Moshier will ****. I will post later, but know that you and Gary are supported by millions. Kevin Moshier only has his band of thieves (across America, other GAL's who care only about churning assets of the elderly and disabled).

Tammy said...

Sorry Susanne it is not up to judge O'Shea. Next time you pray, Please pray for Kevin Moshier that he will be guided back to God the he so wholly professes to worship.

Gloria Jean Sykes said...

God is not a part of Kevin Moshier at this time as his agenda is not Godly.He is inspired by the devil and apparently, he's following the devil... otherwise, he would free Gary to receive proper evaluation, treatment and therapy. Moshier knows that if Sara is allowed to care for her husband, he will get the best possible treatment available, and maybe, just maybe, recover.

I just listened to Joyce Meyer's most recent sermon to which she said, "No devil in hell, no person in spirit is going to hold m back from hearing God and doing the right thing... one small step at a time." God inspires good actions. No devil will stop Sara from doing the right thing to save her husband's life. That is love of God and that is sincere love for Gary.

Anonymous said...

Why do they call them "Justice" instead of "Just US"?

Terri said...

I will pray that Justice O'Shea comes to her senses as do the other persons involved in this tragedy against Gary Harvey, a disabled man.

Tim said...

ya know what really makes me sick about these cases is how attorney "ply their trade" and turn what is supposed to be a pruely benevolent "non-adversarial" process into all out litigation ----

stupid as it seems .... this is the ignorance of what we fight

Rachael said...

There's a book called, "The Death of Common Sense" or a title close to that. This case reminds me of that book. What's right for Gary Harvey has been buried in a stack of legal documents and bureaucracy.

One has to wonder why Kevin Moshier would wish a fate on Gary Harvey that he wouldn't wish on himself or his own family member.

One has to wonder why the system has to resort to demonizing advocates who stand up for the vulnerable.

One has to wonder why common sense can't prevail here.

I think Justice O'Shea should try to put herself in Gary Harvey's position or in his wife's position and if it doesn't feel good, then fix it. She's got the power to fix this mess.

Tim said...

good point Rachel, except that she is too busy playing theatrics and lending the prestige of her office to her former employer ....

need more be said --- we all know they "have discussed this at the firm" --- heck Don Thomson admitted such

problem is -- they are using their public offices to benefit the firm and the firm's private clients -- wonder how many of the service providers, doctors and public agencies are "cleints" of this firm, each with their hands in and on Gary's life?

The only one stand-alone in this deal appears o be Kevin Moshier ... I wonder if he has confessed his sins honeslty when you presents himself in church on Sunday?

He lied about Gary's wife, he lied about me, he lied about many others involved. What makes us think he would not lie to God .... oooopps that does not work, so good luck to Kevin.

How he sleeps at night is beyond me ... must be the therapy that get's him through it

Gloria Jean Sykes said...

The Death of Common Sense suggests that it's illegal to take responsibility and accountability -- and get a Spring cleaning of our political and judicial systems. It aint gonna' happen in time or at all unless we unite and take to the streets.

However, it does point out that the use of common sense in our courts and political systems is absent .... but then we all know that.

Anybody using common sense and taking responsibility in Gary's case would have ended this before it started... but then****

Holly said...

FYI Beth:
IMO, Judge O'Shea WAS "shouting and carrying on like a wild woman," in the one hearing that I was present. BUT, O'Shea was shouting for the wrong reason. She was shouting at Tim Lahrman about his religious beliefs which WAS NOT the subject of the hearing!
Just a diversion from the topic that they appear to want to avoid, Gary Harvey.

advokate said...

What they have done to Gary Harvey is criminal.

Lou said...

So Kevin Moshier's Face Book religious view says "If you want to know what I believe, go read the Apostles' Creed huh?

It says in part, ...and sitteth on the right hand of God the Father Almighty; from thence (there)he shall come to judge the quick (living) and the dead.

If this is what Kevie believes then he KNOWS he is going to be judged. I wonder if he ever read in God's Word, "Vengence is mine says the Lord!"

IF Kevie and Company don't like Sara Harvey calling them out... wonder how they will like God HIMSELF calling them out!

They are in BIG, BIG, B-I-G trouble with Gary's maker!

Tim said...

I knew there was something special about kevin but I just could not put my finger on it ...

then I was out ponder under the sugar maple and it hits me ---- :)