FOR IMMEDIATE RELEASE
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.”
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Jul 17, 2011 @ 10:14:40
It is all about the dog eat dog society. They think old people are easy targets and go after them to get their wealth. I am glad the wife kept fighting, persistance pays off.
Nursing homes are a huge rip off. You are better off hiring a babysitter or nurse’s aid and keeping your relatives in your own house. When they get the old people into the system, the nursing homes and physicians get rich.
They go after young girls the same way to deny their parental rights and steal their children into the system. It is all about the strong picking on the weak and helpless who need support. All they get is backstabbed instead.
Jul 07, 2011 @ 03:31:34
Laws and codices are without conscience. Their purveyors are thus, necessarily without conscience too. How else can you justify “defending” a serial murderer?
Alleged this and alleged that. We have been un-done by language.
Stories like this and the one where the New Hampshire dad burned himself in front of the courthouse for similar legal abuse.
Such systems are about to die and to be without them will be un-settling initially. We should be ready to forge a new way to be with each-other, perhaps our-selves first, so we can live by truly natural, unstated, obvious laws. Of course that means finding your-self first, a herculean and sysiphusian task if there ever was one.
Vivek
http://aadivaahan.wordpress.com/2010/06/14/know-thy-self/
OPISO » Press Release: Gary Harvey Appeal to be Heard in Supreme Court Appellate Division, 3rd Dept.
Jul 06, 2011 @ 08:47:24
OPISO » Press Release: Gary Harvey Case to be Heard in Chemung County Supreme Court
Jul 06, 2011 @ 06:17:52