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.
This is an automated e-mail. If you have questions about your case please contact the Court directly.

The Hopkins Center Nursing Home in Brooklyn – Your Dog Will Get Better Treatment in a Kennel

 

“The Nearby Kennel is a Far Better Place to Be Than Hudson Center”

 

Dear Readers: This week we received numerous Letters to the Editor from people who have family members in the Hopkins Center in Brooklyn, NY. There are allegations that patients are being held against their will. There are claims of fair hearings that are either not being held or are being held and then ignored. In one case, the Social Worker involved allegedly advised the family that the patient could not leave but the patient is, according to the family, well enough. The family alleges that the social workers hold patients for the purposes of continuing to collect medicaid and medicare benefits for treatments that are either unnecessary or not being performed and for medications that are not being distributed.

We take letters like these very seriously. It is our hope that someone reading this can look into the Hudson facility to investigate.

Landau and his ilk have not been given a star for excellence in the compassion and kindness department. They are experts in their capacity to manipulate the system with payoffs and financial interests. And, as we have stated many times, but for a threatened copyright litigation, we would post Joel Landau’s face for public consumption.

In the interest of protecting the elderly and most vulnerable in our society, we are reposting information from previous posts.

As to the letters we have received, they are not being posted because they contain medical information and records about patients. Subject to the authorization of the families involved, the records are available for law enforcement investigation.

LM 10-7-17

http://nursing-homes.healthgrove.com/l/9416/Hopkins-Center-For-Rehabilitation-And-Healthcare

Hopkins Center for Rehab

https://www.yelp.com/biz/hopkins-center-for-rehabilitation-and-healthcare-brooklyn-2

“Stay away from this place the director Eileen lies! They made my mother walk around with a hospital type looking gown; never dressed her up to sit in the dining room; left the bed wet  and walking around in her slippers nothing on her when she could’ve fell; no supervision !”

To sum it up…as long as there is a failure of moral imperative-as long as the anything goes ‘free market’ health care continues, there will be enabling of criminal behavior. There will be no questioning that something that goes on within the four walls of the nursing facilities is ‘legal.’ How could it not be when there is no guideline and rare enforcement that might curb the abuse on many levels.

If an operator, like Landau in New York must simply pay chump change penalties/settlements to ignorant or willfully complicit government officials – to continue their mismanagement, there will be no change.

The negligent Albany legislators who are kept in office by predatory real estate interests and in the pockets of nursing home lobby groups such as Leading Age, that are run by the same people profiting from the government negligence and moral blindness, our most vulnerable population at the end of their lives will continue to be preyed upon.

Shlomo Rechnitz Denied Change of Venue in Wrongful Death Suit

shameonshlomo

 

Judge Denies Skilled Nursing Defendants’ Change of Venue Bid

Judge Timothy Cissna denied skilled nursing magnate Shlomo Rechnitz’s request for a change of venue in a wrongful death and elder abuse lawsuit following a short hearing today, rejecting claims that he couldn’t get a fair trial in Humboldt County.

Cissna said the case should be tried locally because it involves a substantial personal injury that occurred in Humboldt County and a recently named defendant lives in the area.

The judge also dismissed arguments made in the change of venue motion that contended “negative news articles” would taint the local jury pool, saying there hadn’t been a showing of “undue prejudice.”

The civil case before the judge — one of three currently pending against Rechnitz and the skilled nursing facilities he owns in Humboldt County — alleges low staffing levels at Seaview Rehabilitation and Wellness Center contributed to the death of Ralph Sorensen. The 76 year old died in January of 2016 from complications related to an infected pressure ulcer.

Seaview, Rechnitz, Brius and administrative services company Rockport are named in the lawsuit. (Read more about the case here.)

After Cissna explained the reasoning for his tentative ruling, he offered attorneys each less than eight minutes to present any further points.

Rechnitz’s attorney James Yee, who appeared by phone, unsuccessfully argued that case law requires the venue be moved to Los Angeles County because that’s where most of the defendants live.

In court filings, the difficulty of traveling to Humboldt County and finding appropriate accommodations for Shlomo Rechnitz’s wife Tamar Rechnitz, who holds a share in the company, were also cited as reasons for the change of venue request.

Those issues were not brought up during the court hearing.

Yee also told the judge that the most recently named defendant was added to the lawsuit as a “doe” in “bad faith” because her name should have been readily attainable and asked Cissna to disregard her Humboldt County residency as a factor in his decision.

Attorney Timothy Needham, who represents Sorensen’s family, told Cissna that Yee was citing an archaic case law in his claims about the naming of the latest defendant, who is the administrator of Seaview.

“The arguments they’re making are over 100 years old and they are just wrong,” Needham said.

Cissna told the attorneys he was following through with his tentative ruling and denied the change of venue motion. The next hearing in the case is set for Sept. 5

To read article in the original format click here.

The Allure of Stealing Identities – Will the real Joel Landau of Rivington Please Take a Bow.

landaurivingtonblackface.1234151345

Dear Mr. Joel Landau (not Rabbi Landau):

At the risk of violating your attorney’s copyright claims, we did not use your picture. You might have wanted us to in this instance since it looks like your name is being used in multiple places. 

Dear Rabbi Landau (not Joel Landau of Rivington fame (notoriety):

Please submit a photo of yourself if you would like us to publish a clear and unequivocal distinction. We hope to be of some assistance in clearing this up for you. We did not even seek out a publicly available photograph since your identity appears to have been trampled on enough.

LM

https://therealdeal.com/2017/04/24/california-rabbi-says-hes-not-the-joel-landau-promoting-allure-group-online/

California rabbi says he’s not the Joel Landau promoting Allure Group online

Online posts use San Francisco man’s photo and bio to talk up shamed real estate firm

A California rabbi named Joel Landau says he has nothing to do with posts made online under that name promoting the Allure Group.

The San Francisco rabbi’s photo and biography were used to promote the Allure Group, run by a different Joel Landau, to promote the company online, the New York Daily News reported.

A post on the Times of Israel website, for example, talks about growth in the healthcare sector and points to Allure as a firm that “managed to position themselves as the best possible alternative for elderly patients, providing them with affordable quality care.”

The post then links to the website of Allure’s Landau, who played a key role in removing a deed restriction from the Lower East Side’s Rivington House before selling the property to Slate Property Group, China Vanke and Adam America Real Estate for $116 million.

The Landau based out of San Francisco said he had nothing to do with the posts.

“For some strange reason, someone is using me to blog,” the rabbi said. “Anyone who does a little bit of research on Allure sees that they’re embroiled in some less than savory things.”

“None of that is mine,” he added. “Absolutely, positively nothing. Zilch.”

Allure, which specializes in nursing homes, did not return a request for comment. In December, CABS Nursing Home filed a lawsuit against Allure, claiming the company forced out residents shortly after buying the property, and it ultimately led to the deaths of some of the facility’s residents.

 

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.

An Alluring Moral Imperative – Save Our Elderly Keep them OUT of Allure or Landau Run Facilities – Letter…

NO PICTURES PERMITTED! 

JOEL LANDAU – ALLURE -JOE LANDAU – ALLURE – JOE LANDAU – ALLURE –

KEEP AWAY!!!!!!

Dear LM –

As you know, I have an interest in seeing to it that there is better protection for the most vulnerable in our community, those to whom we owe our gratitude and respect, the elderly. I can’t help but wondering how we went from being a civilized society to one that cares so little about anything beyond our own pockets. I can’t help but point to the wealthy beneficiaries of our lack of morality as it applies to the elderly. In your comments regarding Joel Landau and Allure, a request for information and a hope that he will be taken out of the equation where the elderly are concerned, I found hope that perhaps my own loved ones would one day be redeemed, albeit posthumously.

THE ALLURE GROUP: – Enabled by Governor Cuomo and the Public Health Planning Council:

I cannot help but going back to where the cancer began vis a vis NY State Nursing Homes and Assisted Living Facilities: namely Albany and the Public Health and Health Planning Council-appointed by Governor Cuomo. Presently much is reliant on Attorney General Schneiderman ‘s lawsuit effort to prevent Allure from buying two more facilities: the Harlem Nursing Home and  the Sts  Joachim & Anne Nursing  Home…a situation which would have been prevented had the PHHPC & Governor Cuomo, who appoints these deleterious license enablers, been called to account for the many years of lousy management and sub-par responsibility.

If you believe as I do…and if credit is given to the reported documentation clearly showing that too many of the so-called ‘operators’ of long term care facilities in New York buy these places only to churn them, one cannot merely place the blame on Mayor de Blasio  & his rabid real estate gaming malfeasance. The story began with the certification and enabling of amoral and predatory owners who should never have been allowed to obtain nursing home certification from the PHHPC in the first place.

IT ALL BEGAN IN ALBANY!

Since the indignation and moralistic baloney from Landau/Allure fly in the face of reality and takes front and center in the news, past and present they are the perfect example to reference.  If one looks at the online published segment of a Feb 2016 Public Health & Health Planning Council report one can see how they got where they are:

PHHPC- PROJECT #152128-B HARLEM CENTER FOR NURSING & REHAB:

https://www.health.ny.gov/facilities/public_health_and_health_

planning_council/meetings/2016-01-28/docs/exhibits.pdf

The following screen shots were taken from the above report:
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