State Sanctioned Harm To Our Most Vulnerable, Landa, Fensterman, the DOH and Schneiderman, Accountability?

Maybe US District Court Judge Will at Long Last Hold the DOH, AG Schneiderman and Owners Like the Sentosa Consortium Accountable for the Deplorable Treatment of The People in Their Facilities

In 2002 the New York Times reported on accusations against the State of New York for violating the Americans with Disabilities Act (ADA) by allegedly “warehousing” adults with disabilities and placing them in homes that were not meeting their needs.

In 2009, the New York Times again reported on violations in an article entitled: State Discriminated Against Mentally Ill, Judge Rules

http://www.nytimes.com/2009/09/09/nyregion/09mental.html?_r=0

According to the allegations, not only is the State allowing nursing homes and other facilities to continue to operate substandard facilities that do not adequately protect the most vulnerable in our population, including the elderly and mentally ill; but there are backdoor dealings and conflicts of interest by the State, lawyers representing the State, attorneys representing the nursing homes and the Department of Health (DOH).

In an online radio interview on WNYC (link below) one of the sites referenced is Ocean View Manor in Brooklyn—which is run by the Ben Landa (under an LLC). It happens (fortuitously) that Ben Landa is the business partner of Attorney Howard Fensterman who is also the principal in the sketchy SentosaCare consortia. This incestuous relationship between an attorney, his political connections and a for-profit nursing consortium was further revealed in an investigative story in ProPublica in Oct 2015.

As a reminder, Fensterman has been a campaign fund raiser for Governor Cuomo, Mayor deBlasio and Senator Schumer all of whom are named throughout the allegations, lawsuits and even by the attorney in the referenced lawsuit.

US District Court Judge Garaufis’ words implied that there is appears to be collusion by the DOH and AG Schneiderman and the attorneys for the Nursing Home Industry. He commented that AG Schneiderman should spend less time writing press releases and more time looking into the issues at hand. AG Schneiderman has been defending the DOH and the implication is that the Nursing Home’s attorney was back-door dealing with the health department. This would be consistent with the ProPublica article and the New York Times reports.

WNYC Radio Report: https://www.wnyc.org/story/federal-judge-admonishes-new-york-state-warehousing-mentally-ill/

Mar 23, 2017 · by Cindy Rodriguez

A federal judge is demanding to know whether the state colluded with adult home operators to undermine a legal settlement that took more than a decade to come to fruition.

Under the settlement, which protects 5,000 seriously mentally ill adults, the state agreed to prohibit psychiatric hospitals from discharging people into what are called adult homes, which have come under scrutiny in the past.

But when a man who wanted to live in an adult home challenged the regulation in state court, the state agreed to temporarily halt it — a move that could potentially dissolve the larger agreement.

The man was represented by an attorney for the adult home industry. Jota Borgmann, an attorney for the mentally ill, say emails show the attorney for adult homes potentially colluding with health department lawyers on the lawsuit. U.S. District Judge Nicholas Garaufis says if that’s case, he would consider it “a fraud” on the court.

The state attorney general was representing the Department of Health in the federal court legal settlement. Lawyers for the Attorney General have accused the state of going behind their back to halt the regulation. They’ve asked to withdraw as counsel.

Adult homes are like large group homes — many of them have more than 200 beds — that are for the frail, elderly and disabled.

The state says it can’t comment on pending litigation and any allegations of collusion are patently false.

Listen to the interview above to hear more.

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12 thoughts on “State Sanctioned Harm To Our Most Vulnerable, Landa, Fensterman, the DOH and Schneiderman, Accountability?

  1. Ask rabbi Yaakov bender ask rabbi scholar from chai lifeline. U can ask any if ben Landa’s workers they all love him. So I think it’s time to apologize for all the mocking

    • The piece on the radio was not authored by LM. The submissions we have provided and written about were not fabricated by LM. If there are employees who are in such deep adoration of Landa, we have not met them, nor have they written in or disputed any of what we have posted. As for Chai Lifeline, please ask that organization if they endorse Landa for the purposes here. We would guess not. The organization is one we highly respect and one whose association with Landa may not be in the best interest of the families and the patients they treat. You might want to have the rabbi send us a letter which we will publish. Moreover, and a point worth your attention, the financial shenanigans of many of these institutions is publicly available. That it is not actionable – or at least not yet – is a function of the political connections and legal savvy of their partners. It is also a function of how much legal muscle they engage and the risk aversion their arrogance portrays. There is nothing you can say or do that would convince us otherwise and resting his reputation on the second-hand (or third-hand) praise of some Rabbi is not going to cut it. You don’t like what we post – stop reading it. In the meantime, see for yourself. Spend a few hours in one of those institutions. Go into the rest rooms. Eat the food. Watch the staff. It does not take a rocket scientist, just someone with a conscience.

  2. There are many good articles about ben landa I can just google it one is when he donated a land in far rockaway for Yeshiva Darchei Torah why don’t u publish that. Or they he gave the rubashkin family a lot of money u can ask the rubashkin family. He also donated money to the ceretzky yebsiva u can ask ppl in the Jewish neighborhood of flatbush and they will tell u how much other causes he helps constantly. He doesn’t publicize all his good he does or how about chai lifeline he helps them as well u can ask rabbi Simcha scholar about ben landa. U are not going to see it on google but u can ask around all the ppl I told u to. These papers like pro publication and news day are big rashaim and go after all the Jews who have money but I know ben landa jeans a honest humble guy who never had a fight with anyone. And believe me he doesn’t care what u wrote about him but for our own self hashem is going to punish u for badmouthing ppl especially someone like mr ben landa who’s a great person….

    • We are so glad that you are the voice of Hashem. We would venture to guess we have far worse to repent for on Yom HaKippurim than our attempts at instilling in people like you the need to face our collective ills and re-jigger our collective moral compasses. We would like to hope that when Hashem passes judgment, He looks not only to the letter of the law but to the spirit. That is, of course, in His discretion and we would not even venture to guess upon whom He will issue punishment or reward. You may have overstepped your boundaries in that regard. If your morality scale places Ben Landa on the great person list, we fear you may be entering subterranean depths that we will not even venture to approach. We will leave it at that.

    • Anonymous April 20, 2017 at 11:17 am said:
      hashem is going to punish u

      You may want to apply for a job with Diversified Holdings who now own Failedmessiah.
      They can use your writing skills and they really ‘speak to what hashem wants.’

  3. It showed up on my google feed u write about good people there is not one person who has anything bad to say about ben landa. Hes a honest man who goes out of his way to give people jobs. And u are a idiot cuz all u do is write about him and u see nothing happened or is going to happen to him. Get a life and stop knocking everyone. before u know the facts all u do is read articles and then post them to your blog when u don’t even know the real story nor do I know the person. I have no doubt that u never even met ben landa before u wrote about him why don’t u meet him for yourself and see what he’s about. U have a big hot fire waiting for u in hell. For all the ppl u mock and all the loshon hora u spread around.

    • Please, by all means, send us facts in writing, publicly available, or letters or testimonials and they will get published. We can assure you we publish the good when it is provided. We have held back the worst of the Ben Landa information for future use. Perhaps you can send the good and change our minds.

  4. U idiot ben landa ha anything to do with that nursing home. Get a life no one reads ur false blogger u are a looser

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