Date: July 4, 2011
Horseheads, New York
In what has been a nearly five year court battle between Mr. & Mrs. Gary Harvey of Horseheads and officials with Chemung County and the NY State Unified Court System, David has finally penetrated the armor of Goliath.
Gary Harvey, now sixty years old and a life-long resident of Chemung County and Horseheads NY has been at the center of a heated court proceeding since 2006 when he was involved in an unfortunate accident which left him neurologically and physically incapacitated. Gary ’s wife had sought legal guardianship of her incapacitated husband only to be rejected by the Chemung County Supreme Court who ultimately appointed the Chemung County Department of Social Services as Gary ’s legal guardian, “indefinitely”.
In May of 2011, Gary Harvey by “Wife/Next-Friend” filed a petition in the Appellate Division of the NY Supreme Court seeking writs of prohibition, mandamus and certiorari in an effort to enforce Gary rights in the ongoing court proceedings. Chemung County Justice Judith O’Shea who now presides over the case, and NY Mental Hygiene Legal Services Attorney Kevin Moshier both filed motions to dismiss Gary’s “Verified Petition”, Chemung County attorney Bryan Maggs representing Chemung County DSS guardian failed to file any objection whatsoever to Gary Harvey’s petition.
In a ruling handed down June 30, 2011, five Justices of the NY State Supreme Court Appellate Division in Albany denied the motions to dismiss and ordered that Justice O’Shea, Kevin Moshier and the Chemung County DSS guardian must file their responses, and answer for what is alleged to be an improper exercise of their legal authority, and do so on or before August 1, 2011.
Guardianship advocates from across the country, and brother of the late Terri Schiavo, Bobby Schindler, supporting Gary and his wife Sara call the June 30th ruling a major first step in ending the judicial fiasco that has ensnared this husband and wife for the past many years. “Finally, the public will get a glimpse of what these guardianship cases are not supposed to be’, states Sara Harvey, “finally light will be shed on the secrecy of these injustices, and finally, my husband will have ‘his’ day in court.”
For more information, visit:
HelpBringGaryHome
TerrisFight
NASGA Blog
Veterans in Peril
Source:
PPJ Gazette
26 comments:
Good News for the Harveys. One step in the right direction.
Wonder what Moshier (former county attorney), Maggs(DSS/APS county attorney and employed by Davidson & O'Mara Law Firm)O'Shea (former employee of Davidson & O'Mara Law Firm) team will come up with? No cause of conflict here, however Thomson (DSS/APS county attorney and employed by Davidson & O'Mara)stated in court "we at the firm waived that conflict". While Harvey's attorney Moshier sits there.
Any ideas what untruths, legal myths, unfounded allegations they will come with?
Moshier is a perfect example of a lawyer who gives lawyering a bad name. As GaL, he failed to protect Gary Harvey when the guardian was dead set to starve and dehydrate him to death.
How can he live with that? If the way he's handled the Gary Harvey case is any reflection of his character, then his own mother should be ashamed of him.
Diane you forgot to add to the list that St Joseph's Hospital where Gary is held medical hostage is also represented by attorneys from the Davidson & O'Mara law firm too.
Never mind "we at the firm waived that conflict"
Gary did not waive it
Moshier is a punk ---- he lied about me big time. Of course like most liars would, he lied about me behind my back and while I was not present to rebut his lie.
Help me ---- I have been shot in the back by Kevin Moshier --- just like Gary's wife who he shot in the heart ...
Hooray for Gary Harvey and his wife who has been at his side through this entire nightmare.
I pray for a positive decision from the Appllate Division!
Not only is this an opportunity for Sara and Gary Harvey, but it's an opportunity for the judicial system to do the right thing... to send a message to the doubting public that justice actaully does exist.
I am amazed. A judge file a motion in an appeal case. Usually they just continue to sit there knowing they cannot lose. Of course the good judge O'Shea is only making it clear by filing motion to dismiss that the good judge's way of dealing with abuse of judicial power is with more abuse of judicial power by denial of due process and court access which is the problem being appealed.
The ups and downs of the roller coaster Sara and Gary continue to be on is hard on anyone. I pray that Sara will find the resolve to continue to stand, stand for for the rights of Gary to come home, stand for the rights of Gary to receive the best of care, and stand for the rights of Gary to wake up, go to sleep and spend his days surrounded by the people who love him.
In my opinion, Gary Harvey's guardian should be charged criminally with abuse of an elderly person and the court (including the lawyers and the judge) should be charged with criminal neglect of an elderly person.
Tell me again why strangers, instead of a wife, should be guardian?
We definitely need light shed on the guardianship racket.
In my PA county, the judge illegally sealed guardianship records EIGHTEEN YEARS AGO when the local newspaper tried to investigate the abuse. The records will be sealed forever, even though the law says they should be open.
I a happy for the case coming to light. Unfortunately, not many people have the economic means to keep a legal battle going for years.
I am so happy for Sara and Gary Harvey!!
I sincerely hope all of those involved in stealing Gary's freedom all end up in jail. If anyone in the Supreme Court hearing rhis cae has one modicum of intellilgence Sara will be Gary's guardian and this nightmare will end.
I cannot help but wonder how do any of them get up in the morning and look in the mirror? How do they live with themselves? Is this how they treat their own parents? Is this how they want to be treated? There will be justice....
To Diane:
They - the perps - can't waive the conflict of interest!
The only one who can waive the conflict is the vic! And he was silenced by his gag-gag-guardian!
That gag-gag-guardian has got to go!
It is clear that NO family law lawyer, elder law lawyer or child's lawyer can be trusted to effectively defend: the industry is permeated with 'actors' proficient in the Art of Legalese sleaze with little to no means to hold these SCUM accountable with their self governed and self protected legal society. Time to Rise UP Amerikkkkka and take back our Justice.
Looks like a positive move...finally. It is sad that all this time has been wasted when Sara should JUST clearly be with her husband. How difficult is it to DO THE RIGHT THING....God Bless you Sara
“Injustice anywhere is a threat to justice everywhere.”
Martin Luther King Jr.
What gets me most (and I mean even more than the obvious conflict of interest with all the players being from/in/or related to the same law firm) is the absolute arrogance. Not one of them -- NOT ONE OF THEM would tolerate the same treatement they are giving to Gary and Sara Harvey if they or their family member were recipients. Not one of them. Yet they so arrogantly and proudly do their bidding as if they are so very smart and all knowing.
They make me sick. And I bet they make each other sick as well.
Don,
They certainly make the institution of justice look sick ... or corrupt, take your pick
Think any of the cowards especially Moshier will speak to the press when approached.? News is 60 minutes 20/20 and today show are snooping around.
Heard possibly a movie...What actor would best serve Moshier? "the cowardly lion in the wizard of OZ"? or the sneaky "pink panther'? he resembles him anyway.
I am yet to understand why the "court system" is involved in a family matter -- I wish someone would explain why Mrs. Harvey is not her husband's the legal guardian? If there is something "wrong" with Mrs. Harvey, or a Family matter/problem then this case belongs in family court, allegations of any kind, which are going be the basis of a court order, need to be proven. If any allegations of wrong doing are proven, the case Must go to criminal court! Why is the probate/ guardianship sytem involved? I reside in in the state of Florida, but I can assure you that I am keeping my eye on this case; who knows who will be next?
Maritza, the case against Sara Harvey was all built on a house of cards by rumor and innuendo.
The abuser in this case is the guardian who tried (but was unsuccessful due to Sara Harvey bringing media attention to what they were doing) to end Gary Harvey's life in 2009 by starving and dehydrating him to death.
You'd think a judge wouldn't let the guardian get by with that but as unbelievable as it seems, that's exactly what the judge did.
Gary Harvey today remains under the complete control of the very people who attemted to terminate him about two years ago.
This is one of many reasons why this story is a David vs. Goliath case.
I am praying for Gary Harvey and for his guardians to do the right thing for him. They obviously have forgotten the golden rule.
lawyers take an oath to uphold rule of law.....
The oath is formal, right hand is raised, the candidates take an oath that is something like this one:
"You solemnly swear or solemnly and sincerely affirm, as the case may be, that you will do nothing dishonest, and will not knowingly allow anything dishonest to be done in court, and that you will inform the court of any dishonesty of which you have knowledge; that you will not knowingly maintain or assist in maintaining any cause of action that is false or unlawful; that you will not obstruct any cause of action for personal gain or malice; but that you will exercise the office of attorney, in any court in which you may practice, according to the best of your learning and judgment, faithfully, to both your client and the court; so help you God or upon penalty of perjury."
There is a standard lawyers must uphold(and ethics boards review this when there are complaints). The standard is that a lawyer must ZEALOUSLY REPRESENT his or her client.
Not kinda sorta represent, not partially represent, not half-ass represent, and not politically represent. Once someone is your client - you must zealously represent them - period.
When one party is NOT doing their job, upholding their oath, not zealously representing your client - the system doesn't work. Defendants are wrongfully convicted, cases are wrongly decided. In extreme cases, we no longer have justice - we have INjustice.
Chemung County officials that's what you did to Gary Harvey, a Great INjustice and it's obvious to the thousands of people reading the Gary Harvey Story.
Chemung County you turned your back on the oath you took, you turned your back on your client and instead, silenced Gary Harvey's voice by removing his wife Sara from his life to stop her from advocating Gary's Rights.
Now Gary Harvey and his wife Sara are going forward in a Higher Court where Now his voice "Will" be heard.
GOD BLESS AMERICA
GREAT!!! THIS IS GREAT!!!
I was there and saw what I view as abuse to Gary Harvey and there is no doubt in my mind that Gary would not allow the horrible treatment his wife receives EVERY time she sets foot there. Oh... yes then their was the hospital personnel who said, "I am enforcing the law." I think she was still in nursing school NOT law school. Let it be her family member and see how she like this corrupt, money grabbing, "cover CC's ass" system! This isn't over so PLEASE preay for Gary's life. It's obvious his abusers don't value it. One more thing... You from Chemung County, enjoy our messages. You people suck.
Help bring Gary home to the loving arms of his wife, Sara, who has done everything possible to free him.
Gary wants to go home, his wife wants him home. That's where he needs to be.
Mary Waddell
Well Jane when you state
"There is a standard lawyers must uphold(and ethics boards review this when there are complaints). The standard is that a lawyer must ZEALOUSLY REPRESENT his or her client."
Which client should Kevin ZEALOUSLY represent when he works for the state and gets paid by the state or a ward...seems to me there is a little conflict here. No wonder Moshier's office is behind the psychiatric steel gates.
Post a Comment