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Panel Suspends Attorney for 'Mean Spirited' Litigation

By Brendan Pierson All Articles

New York Law Journal

December 5, 2012

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Matter of Gurvey, M-667

The Appellate Division, First Department, yesterday suspended attorney Amy Gurvey for six months for abusing the courts in a decade-long litigation where Gurvey claimed she was fraudulently induced to vacate a federally subsidized apartment. According to the decision, that litigation led to two Civil Court decisions and one Supreme Court decision imposing sanctions against Gurvey of $8,783. Gurvey's conduct was "indicative of harassment and an abuse of the judicial process" and "mean spirited and vexatious," according to the panel.

In April 2005, the Departmental Disciplinary Committee issued a letter of admonition against Gurvey. She demanded that the letter be vacated, and the committee responded by filing a collateral estoppel petition against her based on previous sanctions orders. The First Department granted the petition and remanded the matter to the committee for a hearing on further sanctions.

Before a hearing panel of the disciplinary committee, Gurvey admitted that she had not paid the sanctions and didn't intend to. However, she argued that the proceeding should be dismissed because she had not practiced law since 2002. She also said she had a serious immune disease, had been treated for cancer and depended on disability benefits as her sole source of income.

The hearing panel recommended that Gurvey be suspended for one year. The First Department agreed yesterday that a suspension was warranted because of "respondent's pursuit of frivolous and vexatious litigation, as well as her misrepresentations to the court." However, it said the case was mitigated by Gurvey's medical issues and reduced the suspension to six months. Gurvey will not be able to apply to be readmitted to the bar unless she proves that she has paid the sanctions.

Justices Luis Gonzalez (See Profile), Peter Tom (See Profile), David Saxe (See Profile), David Friedman (See Profile) and James Catterson (See Profile) sat on the panel in Matter of Gurvey, 667-1340.

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Reader Comments

ELois P. Clayton

December 06, 2012 02:58 PM

ALERT!

MY QUESTION IS, WHY, wasn't Illinois AG(Lisa Madigan), SANCTIONED, for (after learning/loosing a criminal case that she CLEARLY 'Knew OR should have Known', that the plainiff WON the case), weren't she CHARGED for mailing the winning plainiff a letter, stating that, "because you were charged with BATTERY, 50% of your winings, will be deducted"?........NOTE: (19) COPIES of the case, had to be submitted to her(and they were, in a 'TIMELY' manner), YET, she was FRIVOLOUS, in sending this letter to the plainiff;along with allowing the City of Chicago's attorney to file a 'MOOT' brief, attempting to make the plainiff's brief appear to be 'MOOT'/FRIVOLOUS!....ALSO, upon I(the plainiff), APPEALING to the Appellate Courts, the plainiff STILL was ousted (by corruption), out of her Civil winnings, stating that the decision from the Appellate court, was, "FINAL"(in BOLD print)....ALSO, in the process of the SHAM 'TRIAL', the Civil judge(James EGAN, in courtroom 2205 at the Daley Center), made an UNethical statement BEFORE the 'TRIBUNAL', stating to the City of Chicago attorney, that, "you can get it DISmissed, in Appellate court"(and it were), with him FIRST acknowledging that the plainiff had a ligitimate/INtact winning case, YET he Dismissed it withOUT prejudice and would NOT correct his INTENTIONAL MISconduct of a conclusion.

NOTE: The Illinois Courts ARE corrupt(as I learned from the MANY WRONGS that have been thrusted upon Dr. Linda Shelton, by way of corrupt Lisa Madigan), along with the ABUSES orchestrated by Chester MHC, in Chester, Illinois, on patients being raped, physically abused, emotionally abused and having FALSE WRITEUP written on them and COVERED by the admin., guards and OLDER rapist who are residences at Chester MHC!

NOTE: This IS a CONSPIRACY and Lisa Madigan, is guilty of 'TREASON'.

NOTE: I can be contacted (at ANY time), at (773)622-2906, with medical records PROOFS, of rape and other assults on my lovedone at CMHC!