Motions were denied by the state Supreme Court's Appellate Division to dismiss a lawsuit seeking to force Chemung County to prove it did not exceed its legal authority in its guardianship of a Horseheads man.
The suit was filed by Sara Harvey of Horseheads, who has been fighting for guardianship of her husband Gary.
In its June 30 ruling, the Appellate Division's Third Judicial Department in Albany denied the county's motions to dismiss the suit. The ruling also orders Supreme Court Justice Judith O'Shea, state Mental Hygiene Legal Services Attorney Kevin Moshier and the county Department of Social Services guardian to file responses by Aug. 1.
Now 60, Gary Harvey suffered a traumatic brain injury following a heart attack and subsequent fall down a flight of stairs in January 2006. She 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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Court Won't Dismiss Suit Against Chemung County