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.

Ramapo Residents Make a Stand Against Ramapo Temporary School Law – Setting a Precedent!!!!

FOR IMMEDIATE RELEASE

Ramapo Residents Fight Back Against

Ramapo Temporary School Law For Very First Time

Suffern, NY – November 7, 2016 – On June 22, 2016, Tony Mallia, Director of Building, Planning and Zoning for the Town of Ramapo, illegally issued a permit to Aron Bineth / Congregation Yeshiva Zera Yakov to allow for the conversion of a single family home at 101 Carlton Road West to a Yeshiva for 75 students. Mr. Mallia granted this permit over the objections of other Town and local fire officials who pointed out that this conversion was not legal under the Town of Ramapo Code, and who identified many health and safety issues in establishing such a project on an undersized residential lot. This permit, granted in violation of State and local law without planning board review, public hearings, or CDRC review meeting, was challenged by Local Resident Peter Katz in formal letters to the Town Board and Building Inspector. After receiving no response from the Town, Katz formally appealed to the Ramapo Zoning Board of Appeals. Katz had no choice but to petition the Supreme Court of Rockland County today to intercede, as the Ramapo ZBA approved a request by the Yeshiva’s owner/operators to adjourn the hearing of this important case while the construction continues upon the site at a breakneck pace.

The Verified Complaint filed today (Index No. 034819/2016) sets forth ten (10) causes of action, asking the Court to revoke this illegal building permit and to stop all work at the property, until same can be conducted in full compliance with State and local law.

Mr. Katz is joined by two other residents who also live within 500 feet of the property, Jack Gross and Sharon Kronenberg. All three of these Monsey/Suffern area residents are observant orthodox Jews who have sought out and obtained permission from their Rabbi to pursue this action against the Town of Ramapo.

The misuse and abuse of the Temporary Modular School Law under which this permit was approved has caused extreme divisiveness in Ramapo, particularly in the lower density residential neighborhoods of Western Ramapo. Properties housing these “temporary” schools often do not meet zoning code requirements and rely on the much too easy granting of substantial zoning variances by the ZBA. Most egregiously, as is the case in this new litigation, these projects are considered and approved without any form of public hearing as required under the law. Although these schools are supposedly only given temporary permits for one year, with a potential renewal for only one more year, the history of these projects demonstrates a complete lack of code enforcement by the Town of Ramapo. Once a “temporary school” is permitted, it remains open indefinitely.

These plaintiffs are not, of course, opposed to religious schools in their neighborhood. They are however, opposed to the pattern of disregarding the very laws which were established to protect the character of their neighborhood, to ensure the health, safety, and comfort of its inhabitants, and to ensure that their voices, and not just only the voices of developers, are heard.

# # #

Contact:

Peter Katz Phone – 845.357.0129

peterkatz99@gmail.com

 

LEGAL Filings:

Filing User Information

User Name:   STEVEN MOGEL Phone Number:   Fax Number:   Email Service Address:  smogel@sullivancountylawyers.com Work Address:

Payment Information

Amount of payment:  $210 Date of payment:  11/07/2016 Payment method:  VISA/MC Authorization code:  07240G Payment Comments:

E-mail Service Notifications Sent
Name Email Address
STEVEN MOGEL smogel@sullivancountylawyers.com
Note: Service of initiating documents and the “Notice of Availability Regarding Electronic Filing” (in consensual cases) or the “Notice of Commencement of Mandatory E-Filed Case” (in mandatory cases) must be made in hard copy (unless the party agrees to accept service by electronic means). These forms can be found on the NYSCEF site under the “Forms” menu. The served copies also must bear the assigned Index Number and the date of filing (CPLR 305).
Documents Filed

(To view a document, click the document type link)

Doc # Document Type Additional Doc Info Special Instructions Filed Date
1 SUMMONS + COMPLAINT
2 EXHIBIT(S) Copy of 5/5/16 CDRC Application & 4/4/16 Narrative
3 EXHIBIT(S) Copies of the sections of the Code
4 EXHIBIT(S) Copy of Town of Ramapo Zoning Code
5 EXHIBIT(S) Copy of 5/18/16 CDRC Memorandum
6 EXHIBIT(S) Copy of 5/23/16 Mallia Memorandum
7 EXHIBIT(S) Copies of Lepori and Picarello Memoranda
8 EXHIBIT(S) Copy of Moran Memorandum
9 EXHIBIT(S) Copy of RCSD Memorandum
10 EXHIBIT(S) Copy of Tallman Fire Memorandum
11 EXHIBIT(S) Copy of 6/1/16 CDRC agenda
12 EXHIBIT(S) Copy of 6/22/16 Permit Application & 6/22/16 Building Permit
13 EXHIBIT(S) Copy of ZBA Appeal
14 EXHIBIT(S) 10/27/16 ZBA Agenda & Correspondence
15 EXHIBIT(S) Copies of 9/1/16 & 9/16/16 Shapiro Correspondence
16 EXHIBIT(S) Copy of cited sections of 2010 NYS Building Code & NYS Residential Code
THIS E-MAIL IS INTENDED ONLY FOR THE USE OF THE NAMED ADDRESSEE(S) AND FOR THE PURPOSES OF THE NEW YORK STATE COURTS ELECTRONIC FILING SYSTEM. IF YOU ARE NEITHER THE INTENDED RECIPIENT NOR A PERSON DESIGNATED TO RECEIVE MESSAGES ON BEHALF OF THE INTENDED RECIPIENT, PLEASE NOTIFY THE SENDER IMMEDIATELY. THANK YOU.
Rockland County Supreme Court Notification 11/07/2016

Please retain this notification for your records.
The NYSCEF web site has received documents from the filing user, STEVEN MOGEL , for the following case/claim.

 

Case Information

Index #:  034819/2016 Short Caption:  PETER KATZ et al – v. – YAKOV J. OSTREICHER et al Assigned Case Judge:  No Judge Assigned

Filing User Information

User Name:   STEVEN MOGEL Phone Number:   Fax Number:   Email Service Address:  smogel@sullivancountylawyers.com Work Address:

Documents Filed

(To view a document, click the document type link)

Doc # Document Type Additional Doc Info Special Instructions Filed Date
17 ORDER TO SHOW CAUSE ( PROPOSED )   Relief Sought: Injunction/Restraining Order 11/07/2016
18 AFFIRMATION 11/07/2016
19 AFFIRMATION 11/07/2016
20 AFFIRMATION 11/07/2016
21 AFFIRMATION 11/07/2016
22 EXHIBIT(S) Copy of 5/5/16 CDRC Application & 4/4/16 Narrative Exhibit #: 1 11/07/2016
23 EXHIBIT(S) Copies of the sections of the Code Exhibit #: 2 11/07/2016
24 EXHIBIT(S) Copy of the Town of Ramapo Zoning Code Exhibit #: 3 11/07/2016
25 EXHIBIT(S) Copy of the 5/18/16 CDRC Memorandum Exhibit #: 4 11/07/2016
26 EXHIBIT(S) Copies of the 5/23/16 Mallia Memoranda Exhibit #: 5 11/07/2016
27 EXHIBIT(S) Copies of the Lepori & Picarello Memoranda Exhibit #: 6 11/07/2016
28 EXHIBIT(S) Copy of the Moran Memorandum Exhibit #: 7 11/07/2016
29 EXHIBIT(S) Copy of the RCSD Memorandum Exhibit #: 8 11/07/2016
30 EXHIBIT(S) Copies of the Tallman Fire Memorandum Exhibit #: 9 11/07/2016
31 EXHIBIT(S) Copy of the 6/1/16 CDRC agenda Exhibit #: 10 11/07/2016
32 EXHIBIT(S) 6/22/16 Permit Application & 6/22/16 Buiding Permit Exhibit #: 11 11/07/2016
33 EXHIBIT(S) Copy of the ZBA Appeal Exhibit #: 12 11/07/2016
34 EXHIBIT(S) 10/27/16 ZBA Agenda & Correspondence Exhibit #: 13 11/07/2016
35 EXHIBIT(S) 9/1/16 & 9/16/16 Shapiro Correspondence Exhibit #: 14 11/07/2016
36 EXHIBIT(S) Cited Sections of the 2010 Building Code of NYS & NYS Residential Code Exhibit #: 15 11/07/2016
37 RJI -RE: ORDER TO SHOW CAUSE 11/07/2016
E-mail Service Notifications Sent
Name Email Address
STEVEN MOGEL smogel@sullivancountylawyers.com
Parties Without Representation

Court rules require hard copy service upon non-participating and opted-out parties. NYSCEF has no record of opt out or participation recorded for the parties listed below.

Party Name Role
YAKOV J. OSTREICHER Defendant/Respondent
ARON BINETH Defendant/Respondent
CONGREGATION YESHIVA ZERA YAKOV Defendant/Respondent
ANTHONY MALLIA Defendant/Respondent
THIS E-MAIL IS INTENDED ONLY FOR THE USE OF THE NAMED ADDRESSEE(S) AND FOR THE PURPOSES OF THE NEW YORK STATE COURTS ELECTRONIC FILING SYSTEM. IF YOU ARE NEITHER THE INTENDED RECIPIENT NOR A PERSON DESIGNATED TO RECEIVE MESSAGES ON BEHALF OF THE INTENDED RECIPIENT, PLEASE NOTIFY THE SENDER IMMEDIATELY. THANK YOU.
Paul Piperato ,  Rockland County Clerk   –   Piperatp@co.rockland.ny.us
Phone:  845-638-5094     Fax:  845-638-5073     Website:  http://www.rocklandcountyclerk.com