Attorney censured for misconduct in guardian case

Attorney censured for misconduct in guardian case

2/17/2012

NEW YORK, Feb 17 (Reuters) - A Long Island attorney has been censured for signing another lawyer's name on checks from the account of a woman for whom he served as court-appointed guardian.

The Appellate Division, Second Department, signed off on a petition from the Grievance Committee for the Tenth Judicial District charging Hampton Bays attorney Kevin Gilvary with two counts of professional misconduct, according to an order published Thursday.

Gilvary was appointed in 2007 to represent Maria Murray in a hearing to determine whether Murray was incapacitated, the order said. The Suffolk County Supreme Court then appointed attorney Marina Martielli to serve as Murray's guardian, the order said, until Martielli filed a motion to be relieved of her duties.

After the court granted Martielli's motion, Gilvary was appointed interim guardian for Murray. But because Gilvary neglected to file a $300,000 bond with the court, he was unable to access the guardian bank account that Martielli had opened for Murray, the order said.

Several months later, Murray's caretaker threatened to quit unless she was paid, the order stated. Since Gilvary was not authorized to sign checks from the guardian account, he signed Martielli's name in order to keep the caretaker from walking off the job, according to the order.

Gilvary apparently signed Martielli's name to several more checks payable to Murray's caretaker, and in one case signed a check made out to cash to reimburse himself for payments made to the caretaker, according to the order.

In November 2009, Gilvary was relieved of his guardianship and was eventually charged by the Grievance Committee with two counts of professional misconduct.

While the appeals court affirmed the charges, it noted that Gilvary was "fully compliant and cooperative" with the investigation. Further, the court said that Gilvary had presented evidence of his "good character" and observed that he was "experiencing personal, family and professional problems during the period in question."

David Besso, an attorney representing Gilvary, said he thought the Second Department "showed good judgment in rendering the decision" to censure, rather than disbar or suspend, Gilvary.

The case is In the Matter of Kevin Gilvary, in the Supreme Court of the State of New York, Appellate Division: Second Department, No. 2010-06947.

For the Grievance Committee: Stacey Sharpelletti.

For Gilvary: David Besso and Michelle Aulivola of Long Tuminello Besso Seligman Werner & Sullivan.

(Reporting by Jessica Dye)

Please read complete article at link below:

http://newsandinsight.thomsonreuters.com/Legal/News/ViewNews.aspx?id=39864


Editor's note: Alice R. Gore Estate value about 1 million dollars: Alice R. Gore, deceased, a disabled 99 year old ward of the Probate Court of Cook County, Judge Kawamoto’s courtroom was hours away from ending up in the Cook County Morgue. Alice's estate was depleted by probate court parasites and there were reportedly no funds to bury her. Her loving family paid for the burial expenses so that Alice would not have to suffer the indignity of being stacked like an Auschwitz inmate in the Cook County morgue. The judge allowed an easily manipulated mentally disabled granddaughter to be appointed as Alice’s guardian and yet no sanctions were instituted against the judge for this blatant infraction of the law. "NEW YORK, Feb 17 (Reuters) - A Long Island attorney has been censured for signing another lawyer's name on checks from the account of a woman for whom he served as court-appointed guardian."  Annuity checks payable to Alice were also forged and yet the court did nothing to punish the perpetrators.  Lucius Verenus, Schoolmaster, ProbateSharks.com

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