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)
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