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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