Another Effort to Sell a Nursing Home to Allure, Joel Landau and Their Partners: Profit Before Care – Please AG PROTECT OUR MOST VULNERABLE

allure.2

Another Attempted Nursing Home Purchase by Allure – Whose Pockets Will be Lined and How can the Public Help?

The below-referenced case is being heard. The Greater Nursing Home owners are attempting to sell the facility to the Allure Group cast of characters: Joel Landau (not photo attached, of cours), and the Rubin(s). The AG is attempting to prevent the sale. It’s calendared for  8/15/17 per the alert below.

 

Oral arguments will be heard at that time. Frank Carone (disinterest? – NO) (partner of Brooklyn Democrat Boss Seddio and Mayor deBlasio’s L.I fundraiser) Howard Fensterman  – the lawyer attempting to facilitate the hand-over of yet another facility to predatory owners (you’ve seen his name before).

With all of the money that incestuously changes hands among this cast of characters it’s a wonder why they don’t just all share the same bank account and be done with it.

 

Being clear, it is yet another effort facilitated by the co-opted NY State DOH and its Public Health & Health Planning Council  (think Rivington House) to  sit back and lets these corporate takeovers happen. This cast of characters is a group of morally challenged individuals who make millions of dollars off the backs of elderly and infirmed patients.

Where is the San Francisco Bee when you need it? 

 

Index Number: 155305/2016
The following case which you have subscribed to in eTrack has been updated. Changes from the last update are shown in red and are annotated.

Court: New York Civil Supreme
Index Number: 155305/2016
Case Name: GREATER HARLEM NURSING vs. X
Case Type: E-Other Special Proceedings
Track: Standard
Upstate RJI Number: 
Disposition Date: 
Date NOI Due: 
NOI Filed: 
Calendar Number: 
RJI Filed: 06/28/2016
Jury Status: 
Justice Name: KOTLER, LYNN R.

Attorney/Firm for Plaintiff: 
ABRAMS FENSTERMAN FENSTERMAN/
3 DAKOTA DR, STE 300 
LAKE SUCCESS, NY 11042
Attorney Type: Attorney Of Record
Status: Active

Last Appearance:
Appearance Date: 07/12/2017 — Information updated
Appearance Time: 
On For: Supreme Trial — Information updated
Appearance Outcome: Remove Stay — Information updated
Justice: KOTLER, LYNN R. — Information updated
Part: STATUS CONFERENCE 8 — Information updated
Comments: 

Future Appearances: — Information updated
Appearance Date: 08/15/2017 — Information updated
Appearance Time: — Information updated
On For: Motion — Information updated
Appearance Outcome: — Information updated
Justice: KOTLER, LYNN R. — Information updated
Part: IAS MOTION 8EFM — Information updated
Comments: 10AM — Information updated
ORAL ARGUMENT — Information updated
Appearance Date: 08/15/2017 — Information updated
Appearance Time: — Information updated
On For: Motion — Information updated
Appearance Outcome: — Information updated
Justice: KOTLER, LYNN R. — Information updated
Part: IAS MOTION 8EFM — Information updated
Comments: 10AM — Information updated
ORAL ARGUMENT — Information updated

Older appearances may exist but are not shown.

Motions: Motion Number: 2
Date Filed: 07/26/2016
Filed By: PLAINT
Relief Sought: Leave To Intervene
Submit Date: — Information updated
Answer Demanded: No
Status: Open: 

Before Justice: KOTLER
Decision: 
Order Signed Date: 

Motion Number: 1
Date Filed: 
Filed By: 
Relief Sought: Other Reliefs
Submit Date: 
Answer Demanded: No
Status: Open: 

Before Justice: KOTLER
Decision: 
Order Signed Date: 

Scanned Decisions: None on file.

To access this case directly click here.
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SentosaCare – Filipino Nurses – October 2015 – Accountability (or the lack thereof) and Politics

Ben Landa – a Comment to Our Previous PostSentosaCare and Google

LostMessiah – 20.04.17

After reading one of the “glowing endorsements” of Ben Landa we received in the comments to our previous posting, and in an effort to stay true to investigating the voracity of our commenter’s claims that the staff at SentosaCare is happy in their positions, we decided to do as the commenter asked, “Google.”

Much to our chagrin, there were numerous glowing articles about SentosaCare and Ben Landa all of which, unsurprisingly, were posted on SentosaCare’s websites, Twitter feeds, Facebook pages or those of SentosaCare’s affiliates and partners. We also found glowing reviews of Ben Landa, also on his own website, LinkedIn pages and Twitter feeds.  Unsurprising, there were no flowery reports about Ben Landa being a “great guy.”

In fact, among the many things we found on our Google search (completed at the request of the commenter) were a string of lawsuits against SentosaCare, the most chilling of which related to the company’s treatment of its Filipino staff. We were surprised to find a string of repeated accusations dating back to 2004 and elder care issues at Fensterman’s nursing home in 2003 and earlier.  But Fensterman was not the subject of our commenter’s words of praise. We were thus shamed into realizing that not enough has been said about SentosaCare, Ben Landa, Howard Fensterman and the political gamesmanship that has facilitated, if not out rightly endorsed these facilities.

We discovered, thanks to our commenter, that the most interesting and unsettling explanation for the success of these facilities can be found at least as early as 2005. There are certainly numerous articles supporting our repeated contentions that politics and the political generosity of the owners of these homes are like binary stars, functioning because they feed off each other like parasites. Political clout knows no bounds and moral bankruptcy can likely not be crammed down.

The reality of today could not be better described than it was in an article from  2007 by Michael Amon and Ridgely Ochs entitled:

“How a Long Island Nursing Home Empire Got Its Way”

/01/05/how-a-long-island-nursing-home-empire-got-its-way/

Instead of posting that article, which only serves to outline the history of behavior found in our previous post, we decided to post the text of an article found on the website of a South Carolina law firm. While we know nothing at all about this firm, their words speaks volumes.

DISCLOSURE STATEMENT:

In the interest of full disclosure, this posting is not an endorsement of the law firm quoted nor is it an advertisement on behalf of the law firm. We know nothing about the law firm or their services but are simply posting information we found in a Google search. We felt it important to show that we indulged the request of one of our commenters and the results of that request led us here. – LM

 

SENTOSACARE: WHAT HAPPENS WHEN PEOPLE AREN’T PUT FIRST?

POSTED BY CHRISTIAN & DAVIS LLC || 29-OCT-2015

With more than 5000 beds in 25 facilities, SentosaCare, LLC is now the largest nursing home network in the state of New York. However, a quick look into the record of complaints, fines, and violations is enough to make one wonder how SentosaCare is allowed to run one facility, let alone acquire dozens more.

In one particularly harrowing story, a 60 year old patient was placed into a SentosaCare facility to recover from a diabetic emergency. He entered the facility with minor wounds on his foot, and expected them to heal over the six weeks he planned to stay at the home. However, his “recovery” soon led to an emergency hospital visit, as negligence by caretakers led to a severe infection which required amputating his foot.

Why is SentosaCare Being Allowed to Expand?

In New York, prospective buyers of nursing home facilities must pass a “character-and-competence” review before the transaction will be allowed. The Public Health and Health Planning Council is supposed to deny these deals when they find that the facilities have repeat violations which could potentially put the residents at risk. The Council works primarily off of reports and records compiled by the Department of Health.

However, the Department of Health has regularly excluded or failed to report major violations, including more than 20 federal fines which SentosaCare facilities have been ordered to pay. Inspections reports have indicated numerous instances of residents wandering away, and in one case, freezing to death. Prosecutors and inspectors alike have found that staff members have falsified records. Despite this, the Department of Health found that SentosaCare homes provide a “substantially consistent high level of care.”

We Fight for Those Who Can’t

There are dozens, if not hundreds, of instances of improper patient care in SentosaCare facilities. While this group appears to be particularly troubled, similar abuse and neglect unfortunately occurs in facilities around the country. The Department of Health and Human Services’ inspector general has even stated that one-third of all Medicare patients suffered preventable harm in a nursing home within one month of being admitted for short-term rehab. For more information, read this recent ProPublica article.

At Christian & Davis, LLC, our Greenville nursing home abuse attorneys are proud to stand up for the rights of the elderly. We believe that when you put your loved one into a nursing home, they deserve to receive a high standard of care – and the law is on our side. If someone you love has suffered abuse or neglect at the hands of nursing home staff, contact our firm immediately to pursue justice.

Hold negligent or abusive nursing homes accountable for their actions. Call (864) 408-8890 today for experienced, compassionate counsel.

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.

If You Want A Safe Home for the Elderly, leave NY, California, Texas, Florida and Illinois

LETTER TO THE EDITOR:

Re: The Fensterman Mafia Nursing Homes…

We are writing to you as a follow-up to your post on the nursing home empire represented by or partially owned by Attorney Fensterman and his ilk…

You may want to know that they are now the very proud owners of the following nursing homes in the great State of California. Yes. We believe Rechnitz and them are close. How close is unknown but draw your own conclusions.

The nursing homes are being run by Dov Jacobs.  (Son-in-law of Rabbi Abraham C. Fruchthandler, President of Yeshiva Rabbi Chaim Berlin in Brooklyn–

These are the same ones that currently have or have had money with the Platinum scoundrels…

ARE WE DIZZY YET?!?!?!)

The following nursing homes have been acquired by this prestigious group with state and federal license applications in process. We believe only one or two have been given. The rest not yet. We are writing in the hope that the great State of California will take a very careful look at the people involved and their history in the nursing home empires.

There are a few more we believe and will provide when uncovered.

The list is…

1. Maclay Healthcare-141 beds – US News (1 Star)
2. Serrano Healthcare-99 beds 
3. Serrano Post Acute-99 beds
4. Legacy Healthcare-54 beds
5. Royal Gardens-43 beds
6. Vista Del Sol-50 beds
7. Vista Post Acute-186 beds
8. Rose Gardens Sub Acute-95 beds
9. Royal Palms Post Acute-140 beds
10. Rialto Post Acute-177 beds
11. Monrovia Post Acute-82 beds
12. Royal Terrace-58 beds

Bottom line, if you want your loved ones taken care of in their twilight years… get the hell out of California… and New York… and Florida… and Illinois… and Texas… for starters.Folks… you cannot make this stuff up even if you tried!

Yours sincerely,

Anonymous

Edited in part by Lost Messiah, August 2, 2016

Updated at 5:58pm. The opinion regarding Mr. Jacobs’ character, while an opinion, we felt better left unsaid.

Who Would have Thought Ageing Could be So Lucrative?

 

What Happens When you Mix a Law firm, Politics and a Multimillion Dollar “Ageing” Industry?

Contributor Opinion, Lost Messiah, August 1, 2016

We are posting the following as a sort of related story to the picketing by Shlomo Rechnitz’s own nursing home employees, who seem to have more decency and care for their charges than Rechnitz. What follows is the East Coast’s version of the nursing home mafia, or at least one of them. We are fairly certain there is far more to follow.  

The AG has gone after Allure for ‘misrepresentations’ having to do with the churning of the Rivington House & CABs Bed-Stuy properties. Both of which were transitioned into luxury housing. The idea that ‘misrepresentation’ of bricks & cement are the priority for those in charge of justice shows you how ass-backward are the ethics of our elected officials.

Instead of preventing these unscrupulous amoral owner/operators from doing more harm to the frail and weak, to the disabled who cannot speak for themselves, and preventing these dangerous owners who lie about their intentions to care for their patients; it takes financial transactions to have the AG step up.  

Is it better than nothing? Yes…but not much.

Assertions of ‘supply and demand’ excuses and the parsing of deed restrictions in the lawsuit are the sole prioritized subject matter for the courts!? Killing off the disabled in sub-par nursing homes is not of any interest. The Department of Health “approves” the applications of these same owner/operators who have already been guilty of blatant disregard for the lives of those entrusted in their care.

Unless someone is maimed or dies…and a malpractice lawyer is hired (sorry, Mr. Fensterman, you would be conflicted) -these Nursing Home owners have unfettered access to more facilities, more fluid deed restrictions and more money.

Re the AG trying to stop Allure:

Context means so much…

The firm of Abrams Fensterman & Fensterman are Allure’s counselors in contesting the AG’s challenge for their effort to acquire the Greater Harlem Nursing Rehab facility and another nursing home. This case is currently being heard in Manhattan Supreme Court (Index 155305/2016). Fensterman, as already reported in Lost Messiah, has a long sketchy history and tentacles not only to Albany-and to Schumer in D.C. but also to deBlasio in NYC. We are posting prior forwarded links below as a matter of convenient reference.

Fensterman, dear Fensterman, is the Consigliere of the Nursing Home ultra-Orthodox mafia… The Rubin(s)/Landau -were the state’s DOH appointed Receivers in 2014 & were given the opportunity by a complicit NYS Public Health and  Health Planning Council (appointees of (corrupt) Cuomo) to get their foothold in this Harlem Rehab-in order to buy and inevitably (as they did with the churning of the Rivington Nursing Home and the Bed-Stuy CABS facilities) leverage it for sale. 

We also believe that they may have played financial “Twister” with Medicaid, Medicare and Workers Compensation in the process. They have employed the Fensterman attorneys as their defense team. In fact, Fensterman seems to have made defending the questionable business tactics of nursing home owners, and fighting for additional nursing homes for his clients a lucrative legal industry.

The coup d’grace is that Long Island’s Fensterman recently opened a branch of his office in Brooklyn with County Dem Boss and ‘appointer’ of  judges, Frank Seddio and his partner Frank Carone. Ready to make sure that all of the ultra-Orthodox Brooklyn owners of nursing homes and long term care facilities know who to hire as the lawsuits come rolling in. Hard to know which judges have Seddio to thank for their seats…

http://www.nytimes.com/2013/06/24/nyregion/reinventing-long-term-care-and-endorsing-firms-accused-of-fraud.html

Excerpt from above:

Mr. Fensterman is past chairman of fund-raising for Mr. Cuomo on Long Island, and his Lake Success law firm has donated more than a half-million dollars to candidates of both parties over the past decade, records show, including more than $17,700 to Mr. Cuomo and $43,291.25 to Senator Skelos, the Senate Republican leader. Excellent and the Fenstermans’ separate contributions include another $13,500 to Governor Cuomo.

https://michaelamon.wordpress.com/2008/01/05/how-a-long-island-nursing-home-empire-got-its-way/

Excerpt from above:

“Howard Fensterman, SentosaCare’s chief attorney, is Schumer’s Long Island finance chairman and a top fundraiser for the Democratic Senatorial Campaign Committee, chaired by Schumer. Fensterman, along with the SentosaCare executives he represents, said they had supported Schumer for years, well before he acted on their behalf.”

The Sick Looting of Home Health Care

Excerpt from above:

More problems surfaced when the media got wind that Fensterman, Landa’s attorney, was lining up contributions for Cuomo’s campaigns. Both the Voice and Newsday reported that Cuomo had received donations from partners in a company under investigation. The campaign quickly returned $6,000 from Landa. Fensterman said his own donations were fine, since he was no longer seeking to become a partner. Actually, he simply had his wife, Lori, replace him as a would-be shareholder.

http://www.howardfensterman.com/in-the-news/bill-de-blasio

In October, 2013, Mr. Fensterman hosted a fundraiser for NYC mayoral candidate Bill de Blasio at his Long Island residence, where over ninety Long Island community leaders gathered to show their support for the Democratic nominee.

So while the optics would seem to be promising-this case MUST be followed closely. Perhaps in his own evaluation, the political gains for Schneiderman from newsworthy attention of the public will be considered worth the ‘sturm und drang’ from the Hasidic community-Schneiderman’s former  ‘sponsors’ and patrons?

 

 

Our Humble Opinion – The Hypocrisy – Fensterman and the Chabad of Port Washington Gala!!!!

We present to you a video from the ceremony in honor of the Fenstermans. Such an honor, it was. We note the references to Landa and Rabbi Krinsky.

MAZEL TOV MR. FENSTERMAN!  YOU SHOULD BE SO PROUD…. 

OPINION PIECE:

LostMessiah and Contributor, July 28, 2016

There are more lawyer jokes than there are blond jokes and that’s a tough one. We think that there might be more lawyer joke then even Jewish jokes. But, we have always be told that there is always a wee bit of truth to the humor. 

We could not help but notice the hypocrisy and hype from Fensterman  in his gala performance in Port Washington. This man is no fool. He is savvy. He knows the secrets being hidden within the “eruv-less” walls of the community. He knows the disgraceful conditions of nursing facilities. He knows….

We cannot help but opine on the claims to high ethical and moral Jewish imperatives. He is cavorting with  Paeans to Krinsky…. By which one of these men are we to set our Moral compass, Mr. Fensterman?

We must also applaud Chabad and the institution’s insistence that there is only one Rebbe-the Lubovitch Rebbe.

Mr. Fensterman does this not fly in the face of your insistence that his brand of Jewish faith is …’non-judgmental’??? Have you really gone so far off the deep end?

You, sir, with your intimate connections to the Nursing Home Mafia’s utra-Orthodox Consigliore- can speak to Jewish precepts when you defends the indefensible in court and in Albany? In our view it is truly remarkable… Kol HaKavod…

You have made a brand name for yourself out of protecting owner/operators of vermin infested nursing homes where humans are chemically sedated until they die… That is oh, so reminiscent. You defend those who harm and destroy the lives of the most vulnerable when they are lulled into dangerous facilities and have NO ONE protecting their safety. Continue reading

D.A. Ken Thompson… Contributions Speak Volumes

ken thompson
Advocates are furious he has taken thousands in campaign donations from bigwigs in the Satmar community, a Hasidic sect that strenuously opposes any secular oversight into sexual molestation accusations. The donations were first reported in The Jewish Week.
“Our frustration is that we feel he needs to talk to the victims and the community and not to those politically affiliated,” Miriam Nockenofsky, an advocate for Jewish sex abuse victims.  “Why is that he’s only talking to the leaders? It’s not right.”  The Daily News

 

Does D.A. Thompson’s Campaign Contribution List Reflect a Cottage Industry of Protecting ultra-Orthodox Serial Child Molesters, Fraudsters and Other Criminals Within the Ultra-Orthodox/Orthodox Community?

Lost Messiah, July 11, 2016

We began looking at DA Thompson months ago, having been alerted that he has a penchant for setting serial child abusers free, accepting reduced sentences (link to an article about the 60-day sentence given to someone with 52 counts and 4 victims) and even ignoring cases.

With the request for assistance in identifying Moses Friedman, we looked more closely.

In 2015, D.A. Thompson’s NYS Campaign Finance Disclosure (12th Name down) showed a $1,000.00 contribution from Attorney Aidala, who is representing Friedman. Since the payment of a $10,000.00 bail by Friedman, there have been 14 adjournments for an incident dated September 1, 2013. The children Friedman allegedly hurt will never be free from reliving this abuse and yet Friedman remains a Free-Man, the irony.

On October 26, 2015, Howard Fensterman contributed $5,000.00 to D.A. Thompson. 

Continue reading