Monday, July 11, 2011

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

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.


Full Article and Source:
Court Won't Dismiss Suit Against Chemung County

See Also:
HelpBringGaryHome

38 comments:

Rachael said...

I stand with the growing number of supporters for Sara Harvey in her battle to save her husband. I am sick and tired of lawyers manipulating the law for their benefit and neglecting people like Gary Harvey in the process.

Rick said...

wow, a suit against a Judge and it is sticking like glue that is pretty impressive

Linda said...

it is about time we see a judge in these cases sit on the hotseat for what has been done

hooray !!!!!

Anonymous said...

I so hope these rats get what's coming to them for what they've done to Gary Harvey. How dare they isolate him and treat him like he's a sack of potatoes instead of a human being.

Anonymous said...

When does the case get heard ........ I hope in days not months or years

Norma said...

I am so happy to see this and am hopeful that Gary's voice will now be heard.

Linda said...

Did you hear Marti Oakley last night? What a powerful, strong lady. Sara and Gary are so lucky to have her on their side.

http://tobtr.com/s/2079157

Listen up all.

Kenneth said...

Wonder what the "ole club" is thinking now..More to come I am sure.

What do you suppose Moshiers standing will be?

Think he will run like a rabbit and hide behind the judge or get a set of balls and do the right thing?

Sue said...

Gypsies tramps and thieves.....hhhmmmm has a ring to it doesn't it Chemung County? Maggs, Moshier and O'Shea.

Sad part is that they are in every town, city, county and state.

Dan said...

Hey Tim, Holly read somewhere that they took stuff off the NASGA websites and comments from articles and used that in court. That is so unethical...think "ole Moshier" was the guy that had ex-parte communication? Wonder if we can go to the owner of the site and ask for his site meter to find the IP address. Think we can trace it back to him that way?

Is that lawful to use in court? Free speech right?

Martin said...

as a resident of Chemung County I can say the attorneys and authorities involved in this deal are as filty as the crap shipped into our landfill

best wishes to the Harvey's and thank you for all your efforts in trying to expose this county for what it is. Corrupt

Karen said...

I am not sure who deserves it most - the judge, the guardian or the GAL. I think they're all in bed together.

Stacy said...

I listened to Marti's show last night and it was great. Marti tells it like it is with common sense and a passion for what's right.

I know Marti gets enough publicity on her own, but I want you all to know that this is all over facebook too!

bryan tn said...

anyway read Bleak House by Dickens. About lawyers dwindling away the estate of Jandice among family members, while various attorneys argue over motions, and various wills. Jandice v Jandice. essentially probate court in the 19th century. a huge team of lawyers, whose only accomplishments each day is to present their fees to the judge, and he happily signs away more of the estate... a must see or read.

nothing has changed. human trafficking and legalized theft by charletons. the worst part, they really think we are stupid... time for a change. Time to put this crap in the grave, and the attorneys, judges, and politicians which support this in jail.

bryan tn said...

Read Bleak House by Dickens. About lawyers dwindling away the estate of Jandice among family members, while various attorneys argue over motions, and various wills. Jandice v Jandice. essentially probate court in the 19th century. a huge team of lawyers, whose only accomplishments each day is to present their fees to the judge, and he happily signs away more of the estate... a must see or read.

nothing has changed. human trafficking and legalized theft by charletons. the worst part, they really think we are stupid... time for a change. Time to put this crap in the grave, and the attorneys, judges, and politicians which support this in jail.

Julie said...

I think the GAL takes the brundt of the blame here because he did nothing when the guardian tried to terminate Gary Harvey's life in 2009. How could he sleep after that?

Anonymous said...

a friend of mine in Utah just told me about this story and web blog and while I am happy to see the events unfolding as they are in this case I have to say, we need to see a whole lot more of this and maybe then our courts and arrogant judges will get the message that "We the people" run the show in this country not a bunch of thieving politicians and public officials.

Congratulations from Montana to the Harvey's, you are truely an inspiration for all Americans

timlahrman said...

Dan,

Indeed I was called before the infamous Judge Judy only to be ridiculed and berated for my internet postings which were of Christian religious content.... Funny you ask Dan because just a few minutes ago I was thinking ....

"Woe unto you lawyers for you lay burdens on people they can hardly bear, and you will lift not one finger to help them." Luke 11:52 (NIV)

Yep Dan -- I look forward to seeing the ole' battle axe again soon.... seems in her court there is no free speech or religious liberty.... clearly she is a hateful person too, but oh well I don't have to live with her, thank God.

B said...

GAL's in my experience are simply an extension of the petitioner's attorney. They serve little purpose, largely since they cannot prosecute, only defend... which severely happens any real usefulness. I have seen our's overlook obvious examples of abuse.

Gloria Jean Sykes said...

When any person who wears a black robe feels so entitled as to actually believing they they can 'get away with murder', what they will find is that the strong get stronger... and in doing so, as in the old Texas Ranger motto, changed slightly for the purpose of this note, "A person in the wrong can't stand up to a woman in the right who keeps on a comin'" There's no doubt that Sara is a person in the right and she's gonna' keep on a comin'! Stay healthy and strong my friend, Gary's and your time to be together again is rounding the corner. xo

Anonymous said...

Everyone party to a court case MUST remember to argue the U.S. and state constitutions IN ORDER TO PRESERVE the right to appeal to the federal and state high courts.

Nancy said...

What I wonder most of all is the thought that these people: the judge, County, and Appointed Attorney all probably started their careers with the right reasons. When then did they become tainted? When did they forget the Gary Harveys and start playing their games and then start thinking that the games were more important than Gary Harvey?

I wish we could ask them.

Jane Branson said...

It was the Right decision by the State Supreme Court's Appellate Diviison when they denied the County's motions to dismiss a law suit filed by Sara Harvey.

Finally a Court is holding those in authority ACCOUNTABLE for the torture and inhumane justice Gary and Sara have endured the past six years plus.

Supreme Court Justice Judith O'Shea, state Mental Hygiene Legal Services Attorney Kevin Moshier and the county Department of Social Services guardian should do what is Right and Moral and "Concede to the fact Gary Harvey's guardianship was mis-handled, and make the necessary restitution to Gary and Sara Harvey.

My Prayers are with the Harvey's that this horrible experience will soon behind them and they can look forward to a brighter and happier future.

GOD BLESS AMERICA AND HER FAMILIES

Debbie D said...

Their responses are due Aug 1? Well,we can hope that maybe they grow a conscience by then!

Anonymous said...

how nice to finally see a win for the little guys. Maybe there still is justice in this country.

Sara Harvey said...

Jane....I want to make this clear. It was Gary who filed.
The county continoulsy and purposely tries to mis-lead, mis-state and intentionally say that all the petition, and motions I filed.

I did not file them...Gary Did. I filed it for Gary as his next-friend/wife. This is how Gary will have his own voice heard in court as opposed to his court appointed attorney Kevin Moshier MHLS who routinuley sells out Gary and his interest.

Amy said...

I bet they ask for an extension or adjournment to buy some more time in order to rack up more billable hours at tax payers expense.

Thelma said...

I'm not fooled by these fraudsters and their DIRTY LAWYER TRICKS -
all judges are card-carrying lawyers!

THEY CANNOT "WAIVE" THEIR OWN CONFLICT.

HOW DUMB DO THEY THINK WE ARE?

Anonymous said...

Thank you, BarbaraCJohnson, for that reminder.

Anonymous said...

corrupt public officials always look good in orange jump-suits, just hope can haqndle the food cause it ain't surf and turf like they are used to

barbinoregon said...

How about a round of the Hallelujah Chorus!!! This has been an amazing demonstration of the sickest kind....

NUBOT said...

CONGRATS FROM LOUISIANA! Maybe this will open the door and start shedding light on the unbridled judicial corruption across our Nation; especially in Louisiana where they sentence people to guardianships all the time as “a way to get things done.” In Louisiana they actually take the victim’s Civil Rights and change the legal status of the victim… No one including the Louisiana Supreme Court or the Louisiana Bar Association will hold these criminals accountable for Civil Rights violations, Due Process violations, judicial abuse of power, fraud on the court, misuse of the victim’s funds and the list goes on… Everybody gets a piece of the victim and the victim is left in financial ruin.

Anonymous said...

Moshiers lies and because he is a lawyer his lies are accepted without question. Mrs. Harvey tells the truth and the judge does not listen.

The judge sees the pictures, the video, facts from medical records, NYSDOH reports and turns her head, heart and ears away from the vulernable disabled man who can not defend himself against his abusers.

All for what to protect her lil ole club. What if this was there loved left in the dark, treated as a medical experiment, no different than how lab rats are treated. This is human life, what is happening to our country?

Deborah said...

It's about time! I'm so sick of watching the county get away with the unethical way they have been robbing the Harveys assets while denying them thier most basic human rights. Since Gary & Sara got together they have been unseparable, like peas in a pod but the 'county' in its infinate wisdom and all its avarice and greed has taken upon itself the right to separate them and appropriate all the retirement funds and assets and insurance benefits without constraint. It's time 'The Good 'ol Boys' got thier just come-uppance! It's time the 'government' worked for the people for a change!

Diane said...

This directly out of the mouth of Mr. Moshier per court transcripts that were sealed for years..."Could I respond Judge? The first issue that I'd like to address, the Dept. of Social Services CAN organize itself however it sees fit, and it can pass regulations that says we've got a Protective Services program for adults and these are the clients we like..." Then a little later, Mr. Maggs (County Atty) states in reference to practical points of temporary vs. permanent guardianship: "What it would avoid is temporary guardian, say, for 30 days, then if we do a diligent SEARCH, within 30 days, UNCOVER SOME FINANCES AND POTENTIAL RESOURCES to act as guardian, or if we don't, if we report back that we haven't been able to find one and we agree that we would be permanent guardian...

I find this most disturbing particularly coming from a county or city that doesn't have to play by the same rules as everyone else. If you google the Marcelles Shale and Chemung Landfill, you will see just how much they disregard the rights of their citizens as they continue to permit extremely questionnable wastes materials being extracted and transported from PA to little ole' Chemung with even as much as a "Environmental Assessment Report" even though this is a documented area that contains 2 Superfund sites that have been tested positive for MANY hazardous pollutants including uranium in the water back in 2003. Cancer rates and Lead Poisoning possibly leading the charts statewide but this apparently is not important to those folks, and if one thinks that they are protected under the NY State Constitution, please know that a "Person" according the the NY Law Revision Commission is anything but a "Human" but is ambiguously defined (including but not limited to) a legal instrument, corporations, public agency, land deeds or just about anything that is NOT a person as we know a person to be. This is what Sara deals with on a daily basis, "Persons" not recognizing her or Gary nor the residents of this county as real people. God speed Sara Harvey as your case is drawing much attention to this county but not only in terms of guardianship but other questionable matters as well.

Tim said...

the link below will give everyone another glimpse of what Gary Harvey and his wife endure.

It is about New York, it is very telling, and not at all pretty.

http://taxpac.homestead.com/files/Malpractice.htm

Chad R. said...

I read about this story on the internet and it reminded me of an advertisment I once read in our West Virginia newspaper --- Must be this Chemung County NY is a real hick county like ours.

Anyhow, the advertisment was for a junk hauler who's company name was

"Anything For A Buck"

Holly said...

I'm not sure WHO Dan is, that is commenting about what "Holly read somewhere...." but I AM Holly. I have no problem speaking for myself, this situtation really stinks and please DO NOT use my name again, WITHOUT my permission Dan or whoever you REALLY are!