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.

Deitsch – Boymelgreen – All in the Family… “And you knew where you were then”… and Leviev…

 

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Schneiderman Left, Boymelgreen Middle and 20 Pine Street Right – Photo: THE REAL DEAL

Is it Just us, or do others agree that simply because they are banned does not mean that they will not be selling condos in New York? The settlement is little more than a piece of paper, another obstacle to be circumvented…

 

Boymelgreen banned from selling condos in NY for two years

 

Shaya Boymelgreen has been banned from selling condominium units for two years following a settlement with the state Attorney General’s office over claims he refused to finish work and fix construction defects at half a dozen buildings in Manhattan and Brooklyn.

Under the terms of the agreement reached earlier this month, the New York Times reported, Boymelgreen agreed to fix building violations and faulty construction at six buildings he developed.

They include the 409-unit 20 Pine Street in Lower Manhattan, the 79-unit Beacon Tower at 85 Adams Street in Dumbo and Newswalk, the former New York Daily News printing plant in Prospect Heights that was converted into 137 condominiums.
Boymelgreen is banned from being involved in any way in the sale or offer of securities in New York for two years, including condos. Should he violate the settlement, he will be permanently barred from selling apartments in New York.

His partners Itzhak Katan and Domenick Tonacchio are also bound by the terms of the settlement.
Attorney General Eric Schneiderman said the agreement would finally close the book on “Mr. Boymelgreen’s perpetual fraud and abuse in New York City real estate securities.
Boymelgreen’s lawyers did not return calls for comment.

The developer has all but disappeared from the spotlight since rising to prominence as one of the city’s most high-profile developers before the recession left a trail of failed condo projects in its wake.

The 65-year-old real estate player was born in Israel and immigrated to the United States in 1969. He worked in asbestos abatement before partnering with Israeli businessman Lev Leviev in the early 2000s.

That partnership ended with bad blood in 2007.

See THE REAL DEAL for more details.

An Alluring Result – Schneiderman Weighs In

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Eric Schneiderman Seeks To Block Orthodox-Owned Firm From Buying Nursing Homes

http://forward.com/news/346167/eric-schneiderman-seeks-to-block-orthodox-owned-firm-from-buying-nursing-ho/?attribution=home-breaking-news-headline-1

New York State’s Attorney General recommended in court filings that the Orthodox Jewish businessmen who made a quick $72 million selling a Lower East Side nursing home to a condo developer should no longer be allowed to buy nursing homes in New York State, the New York Post reported.

The Brooklyn-based Allure Group has been at the center of a citywide scandal since the Spring, when local media reported that the firm had received an unusual waiver from the city to allow it clear out the nursing home for AIDS patients, called Rivington House, and sell the building as luxury housing.

Allure Group CEO Solomon Rubin is a prominent member of the Boro Park-based Bobov Hasidic group, which has enjoyed close ties with New York City mayor Bill de Blasio.

In the court filling reported July 26 by the Post, the office of Attorney General Eric Schneiderman argued that Allure’s “direct involvement in the demise of the Rivington House home raises sufficient concern about the proposed purchasers’ suitability and fitness.”

The filing came in a New York State Supreme Court case in which Schneiderman’s office is seeking to stop Allure from buying a Harlem nursing home it has managed for years. Under New York State law, the Attorney General must approve the sale of property owned by not-for-profit entities.

Allure’s attorney objected to the Attorney General’s filling in a statement to the Post. “The attorney general’s filing does not identify any misrepresentations allegedly made by the principals of Allure,” Neil Steiner told the paper.

The Attorney General’s efforts against Allure came days before new revelations in the ongoing investigation into why New York City officials gave Allure approval to change the deed on the Rivington House property. Documents previously withheld from the city’s Department of Investigations by the city’s Law Department showed that the city had known as early as 2014 that the property could be sold for condominium development.

Continue reading the article in full here.

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