Bronx Surrogate Judge Lee Holzman keeps his job despite breaking the rules

In one of the worst rulings in its history, the state Commission on Judicial Conduct decreed that a judge may stay on the bench despite giving a pass to a lawyer friend who’d grabbed hundreds of thousand of dollars in excessive fees from the estates of the dead.

The panel let Bronx Surrogate Judge Lee Holzman off with merely a censure, rather than order his removal from the bench, sympathetically citing his impending retirement.

As surrogate judge, Holzman presided over the disposition of estates. His employees include a counsel whose duties center on cases in which people have died without leaving a will. For compensation, the counsel draws money from the estates according to percentage formulas set by law.

When Holzman’s counsel, Michael Lippman, got caught taking far larger amounts than he was entitled to, Holzman kept him on the job. That way, Lippman was supposed to earn more fees so he could repay the filched funds.

Full Article and Source:
Bronx Surrogate Judge Lee Holzman keeps his job despite breaking the rules

NY raked in $100M from the dead over past 5 years, records show

Over the past five years the state of New York has collected more than $100 million from an unlikely source: the dead.

Tens of millions of dollars left behind by people who never bothered to make out a will are dumped into an abandoned property fund, to earn interest for the state until a rightful heir turns up.
Rarely does that happen, though.

Only 20 to 25 percent of the abandoned cash is ever claimed, according to the Office of the New York State comptroller.

The state’s surrogate courts — they’re in business to sort out wills and estates — have turned over to the Comptroller roughly $70 million from the estates of people who died without wills, state officials say; another $30 million has come from the estates of people who had a will, but for whom no living heirs could be found.

Full Article & Source:
NY raked in $100M from the dead over past 5 years, records show

Bobby Schindler Files Petition Requesting to be Gary Harvey’s Guardian

Bobby Schindler, brother of the late Terri Schiavo, has filed a petition in the New York Supreme Court – Chemung County asking guardianship of Gary Harvey be turned over to him. How can the County refuse to resign or disagree with the petition? How could they dare say this guardianship transfer would not be in the best interest of Gary Harvey? Legitimately, they can’t.

Should the County fight Bobby Schindler’s effort, then the County (and those involved in the case on their side), shall have been proven to have lied to the court and the community. The County claimed it did not want to be Gary’s guardian, but there was no one else. Now there is. So, if they fight to retain guardianship, that means there is an ulterior motive for doing so. After all, just why would they fight so desperately to retain a ward they didn’t want in the first place or thereafter; have warehoused; and, seem to think is bothersome and time consuming in the isolation and hide the information (from his wife) health care plan they have prepared for him?

Bobby Schindler has an impeccable reputation. He is knowledgeable about TBI (traumatic brain injury). He has first-hand experience in dealing with a family member suffering from TBI. He is compassionate and caring. He is hopeful and realistic. Just what part of all that he is, could the County honestly say is not good enough to be guardian of Gary Harvey? Can we say – none?

Full Article and Source:
Bobby Schindler Files Petition Requesting to be Gary Harvey’s Guardian

See Also:
The Dictators of Non-Compassion: Gary Harvey Case and the Unexpected Twist

Terri Schiavo’s Brother, Bobby Schindler, Petitions Court to Intervene in Guardianship Case

The Dictators of Non-Compassion: Gary Harvey Case and the Unexpected Twist

Sara & Gary Harvey

How long has it been since Gary Harvey fell down those basement stairs? Some days it seems as though it was only yesterday, but it wasn’t. It was January 21, 2006. It has been nearly seven years and little has changed, since the county took over and began their reign of merciless dictatorship.

Oh, Gary & Sara Harvey have gotten seven years older and he is no longer in the nursing home, but a ward connected to St. Joseph Hospital. Only his location has changed, as the desperate and uncalled for battle goes on with the power hungry feeding upon, demeaning, and controlling this husband and wife.

On December 10, 2010, I wrote:

Amazing! I can actually recycle my article as if it was current and remaining accurate. How often does that happen?

Here it is the holiday season of 2010 and Sara Harvey gets a letter from Bryan Maggs, Chemung County Attorney, stating that her visitations with Gary are suspended immediately. Isn’€™t that the same gift they offered last year? I’€™m so impressed with the repeat gift and the timing –” NOT! (Wife’€™s Visitation in Jeopardy: The Recycling of Gary Harvey’€™s Holiday Restrictions)  

Would anyone be surprised to learn that Sara didn’t get to visit Gary on Christmas Day 2012?

It isn’t often that one can continue to recycle articles and pretty much be assured that there is going to be some excuse… some mistake… some problem raising it’s ugly little head and taking away anything that could be considered special for Gary and Sara, especially during this special holiday season. It isn’t often, unless the articles happen to involve Gary and Sara Harvey, Chemung County and St. Joseph Hospital.

Anyone see a pattern?

Where has Kevin Moshier been? Silent once again?

Guardianships are like adoptions in that it is the obligation of the guardian to look out for the ward he has been put in charge of. Unlike adoptions, the guardian is supposed to act on behalf of the ward and make decisions as the ward would make for self if capable. And then there is the attorney to insure the rights of the ward. So, where has Kevin Moshier (the appointed attorney) been when Gary Harvey’€™s wishes have been trampled upon?

 As I reported in the past, “€œGary Harvey is the brain injured man from New York, who seems to have his own private “€œdeath panel”€ determined to kill him off and to make his and his wife’€™s life as miserable as possible, ‘until the sentence is carried out. One might think it could get no worse than it has been. One should never think such thoughts, lest one (or more) be shown that –€” for however bad –” things can actually get worse!  

Just where was Kevin Moshier, the attorney who should be representing Gary against any wrongs, when the so-called ethic’€™s committee wanted to put Gary down by starving and dehydrating him to death? Did he stand strong and ask what these people were thinking and why they would even consider such a thing? 

When they put the DNR on Gary, did Kevin Moshier demand they lift it?  

When Sara Harvey’€™s visits with her husband were restricted, did Kevin Moshier step up to the plate and say, “€œI don’€™t think so. This is not what Gary would want. This is not in Gary’€™s best interest. Gary has a right to have time with his wife.”€ Did he? Of course he didn’€™t.  

Sara is a danger to Gary? I didn’€™t even go to law school and I can see that the case against Sara is trumped up and so full of holes that even a pre-med student could dissect it in a few moments. But Kevin Moshier couldn’€™t or can’€™t?  

Even more amazing is the fact that it was the guardian & pals that tried to kill off Gary, with Moshier quietly hanging out, though it was Sara who was, and has been, labeled the danger. (I have trouble getting my reality oriented thoughts around that one.)

What about the press conference where information was given about Gary Harvey’€™s case that should not have been given? Information that I believe was to turn people on Gary. Did Kevin Moshier do anything about that? Did he file on those responsible? ~ (August 5, 2011) The Silence of Kevin Moshier

Gary’s life is in the hands of these county vultures. Yes, the very group of people who attempted to have their ward starved and dehydrated to death, claiming he was terminally ill. Oh, but it is Sara that they treat and report as the threat? The irony is beyond belief. However, these people have not fooled everyone, nor have they covered their tracks as well as perhaps they think. The day will come when they answer to the one they can hide nothing from. It will be a day their cold hearts shall be placed in judgment and every cruel thought and action shall be reviewed.

Gary Harvey does not need to be under the guardianship of the County. He is their ward due to half-truths, non-truths, attorneys backing out at the last minute, attorneys not doing the job but taking the money and things such as that. They think we don’t know all this, but many of us do.

Full Article and Source:
The Dictators of Non-Compassion: Gary Harvey Case and the Unexpected Twist

See Also:
Terri Schiavo’s Brother, Bobby Schindler, Petitions Court to Intervene in Guardianship Case

Terri Schiavo’s Brother, Bobby Schindler, Petitions Court to Intervene in Guardianship Case

Attorney Christopher Johnson has filed with the Supreme Court of the State of New York, asking the court to allow Mr. Bobby Schindler, brother of Terri Schiavo to serve as Guardian for Mr. Gary Harvey.

In 2006, Mr. Harvey, a Chemung County resident, was involved in a home accident, which left him with a profound brain injury. His spouse, Mrs. Sara Harvey, sought guardianship only to be denied by the Chemung County Supreme Court who ultimately appointed the Chemung County Department of Social Services as Mr. Harvey’s guardian. Since that time, Mrs. Harvey has been in a prolonged court battle with Chemung County officials and the New York State Court System.

Indeed, it was in May of 2009 when the ethics committee from the hospital where Mr. Harvey was residing recommended the removal of his nutrition and hydration tube, and also issued a “do-not-resuscitate order” (DNR).

Fortunately, the court denied that request. However, inexplicably, the DNR stayed in place and Mr. Harvey remains under the control of Chemung County, despite the fact that the county tried to end his life.

“I have raised the question many times, ‘How can Chemung County, Guardian of Mr. Harvey, be acting in his best interest when they, in fact, tried to kill him?’ From all indications, it appears that Mr. Harvey has been warehoused and denied the opportunity to receive the care and rehabilitative services that would benefit his condition,” stated Bobby Schindler.

It is the hope that with this filing, the court will recognize that Mr. Harvey deserves the chance to receive aggressive therapy and rehabilitation. Certainly from Mr. Schindler’s experience with brain injured persons, he would afford Mr. Harvey the help he needs in the hopes to significantly improve his quality of life.

Source:
Schiavo’s Brother Petitions Court to Intervene in Guardianship Case

NY Guardian System Needs Fixes and Oversight: Law School Report

The state’s system of guardianship for incapacitated individuals is plagued by delays, a lack of resources for poor families and periodic scandals that underscore the need for more accountability, according to a report released Monday [12/3].

The report, by a Cardozo School of Law clinic, has outlined a series of recommendations to help improve the system, including a statewide task force and increased scrutiny of potential guardians. It also suggested that state officials consider alternatives to guardianship that allow incapacitated individuals more control over their own affairs while providing the necessary support.

“Our goal is twofold: to move forward on some of the shorter-term, simpler recommendations and then to create a conversation about some of the bigger picture questions, like creating an alternative to guardianship,” Rebekah Diller, the head of the Cardozo clinic, said in an interview.

Article 81 of the state’s Mental Hygiene Law, passed 20 years ago, created the modern system of guardianship and remains “a model statute” in many ways, according to the report, “Guardianship in New York: Developing an Agenda for Change.”

The statute mandates the least restrictive approach so that an individual is only deprived of those decision-making rights that are necessary to protect them, and courts are required to consider alternatives. In addition, a hearing and an investigation by a court evaluator are required, and the right to counsel is afforded the individual.

“Notwithstanding these important reforms, noteworthy challenges remain two decades later,” the authors wrote.

The recommendations range from systemic reforms, like instituting a statewide data management system to track cases, to relatively small changes, like standardizing guardianship-related forms and making them accessible online.

Perhaps most important, according to the report, is the establishment of a statewide task force on guardianship, a move that Missouri, Ohio and Delaware either are contemplating or have already carried out.

“Without a standing body to identify key policy and practice issues and to coordinate reform implementation, change is not likely to occur,” the report said.

Full Article and Source:
NY Guardian System Needs Fixes and Oversight: Law School Report

See Also:
Read “Guardianship in New York: Developing an Agenda for Change”

Local Politics & the Alleged Compassionate Hospital

Welcome to St. Joseph Hospital of Elmira, New York, where they claim on their website:

“St. Joseph’s Hospital, a Catholic health facility, is a voluntary not-for-profit community general hospital founded by the Sisters of St. Joseph of Rochester in cooperation with the physicians and citizens of Elmira, NY. The St. Joseph’s Hospital community, by maintaining a deep respect for the dignity of each person, strives to heal, as Jesus did, in mind, body and spirit, all who come to us.”

“Maintaining a deep respect for the dignity of each person”… except for Gary Harvey.

It was Thanksgiving Day and Sara Harvey had made the arrangements to visit her husband. She and the guard arrived only to be told that the hospital hadn’t received an okay. Guard is not authorized if visit is not authorized, but the dignity people continued with their refusal.

(Cliff Note: A guard is required because Sara is supposedly a danger to her husband because she supposedly didn’t follow medical advice. The hospital, guardians et al petitioned the court to starve & dehydrate Gary to death, but she is the danger. Irony at its best.)

So, while all the important people, who should have made sure the visit was authorized and those who could have given the okay after the failed communication, enjoyed their Thanksgiving meals with the ones of their choice, Gary was denied a mere visit from his wife. The wife that loves him… talks to him… reads to him. Instead, he, a person who has always loved holidays and spending them with the wife he loves — got to lay there alone in the isolation that is his life.

Full Article and Source:
Local Politics & The Alleged Compassionate Hospital

Chemung County & St. Joseph’s Hospital: Thanksgiving and Compassion

It’s Thanksgiving! The sun is shining brightly. The clouds are softly floating across the sky. Birds are singing and children are playing. Laughter touches the day as families gather for a special celebration.

Sara Harvey made arrangements for her holiday visit with Gary, as she always does. She showed up as did the guard. However, the hospital claimed they had not been notified by the guardian and refused the visit.

(Guard does not get scheduled, unless visit is authorized.)

Since the guards are not scheduled without authorization, one would think someone with some authority at the hospital, might have gotten out of their “duh mode” and put two and two together. Guard is here. Guard is not scheduled without authorization. There is a history of Sara being allowed holiday visits with Gary. If still in doubt — call that on-call person that can actually make important decisions; can figure out that Sara does visit on holidays, so there must have been a mere failure to communicate the permission; and, then have the guts to give the go ahead.

St. Joseph hospital is supposed to be a hospital established by Catholic nuns. Nuns who were dedicated and full of compassion. So, tell me… where is that compassion now?

Gary Harvey — the patient — has a history of loving the holidays… loving Sara… and loving to celebrate the holidays with her. So where was the compassion for him on this holiday that was denied him? The holiday where, instead of spending time with the woman he so loves, he got to lay isolated in a hospital room, as “mostly” he always gets to do.

Sara Harvey — the wife — talks to her husband and reads to him. Does anyone else really talk to him or encourage him to get better to the fullest extent he can? You know… that thing that is important in any recovery by any person, including Gary Harvey?!?!

People can mouth… and they can spout… but the truth is… no one knows Gary’s potential. No one, outside of Sara and some others, seems to care about him being given every chance possible to get to wherever he can get and enjoy some good things as he heads that way. You know… simple things like having his wife be allowed to visit him on a holiday, read to him and talk to him and just be there? WOW!… so much to ask. NOT!

Shame on the almighty people that gloat in having such power in the Harvey case. Did you enjoy your day? Did you give someone a hug and a smile and feel ever so good at having a chance to celebrate the family holiday with them?

Shame on the staff at St. Joseph’s hospital. May you never find yourself in the Harvey position, but you could.

Let’s see…

St. Joseph’s hospital and affiliates claim compassion as one of their selling points. Is it just the Harveys that get the damaged goods, or did you run out of compassion and have failed to re-stock?

Full Article and Source:
Chemung County & St. Joseph’s Hospital: Thanksgiving and Compassion

Remembering a Thanksgiving in Exile

One of the unspoken areas of guardian abuse is in the emotional toll it takes when vicious, self-anointed despots determine that they will not let their already scared “clients” see their families for important holidays or events. This is what happened in the case of Dorothy Wilson, for what would have been her final Thanksgiving on earth. As many of you who have been following the “heartbreaking” series of articles about elder abuse, this is a reminder to all of us of the emotional toll it can take. It drains not only the person who is being remanded and caught up in an unjust justice system, but also extended out to their loving family members and friends too.

Dorothy Wilson, who was 86 years old that November 2010, was pleading with anyone who would listen to help convince Mary Giordano, of Franchina and Giordano, in Garden City, NY, to release her from her unwanted stay at the Bristal Assisted Living Facility in Massapequa, NY. I felt it was the right time to write this article because as Thanksgiving approaches I have clear memories of Dorothy’s tears streaming down her cheeks as she could not understand why she was being locked up in a place against her wishes. She made it very clear that she wanted to be back in her own home or living with her favored daughter, Diane, in her warm, beautiful and safe abode. Instead, her “law” guardian, Mary Giordano, appointed by Judge Joel Asarch of the Nassau County Supreme Court in Mineola, NY, vehemently opposed releasing Dorothy for even a few hours on Thanksgiving itself. Knowing that there was a lot of family tension, Mary “allowed” the family to come to the facility if they wanted. Obviously, this was not practical since this is a day of joy and gatherings, memories and memory-making times as most families cook and celebrate in their personal environment.

Full Article and Source:
Remembering a Thanksgiving in Exile

See Also:
Dorothy Wilson, NY Victim

Thanksgiving 2010

“I just want to go home…. It’s all I want…”

“You’ve got to do something to help me….”

Source:
YouTube: Thanksgiving 2010

Note: Dorothy Wilson died suddenly October 24, 2011. Until her final day, she begged and pleaded to go home, but she didn’t make it…