File photo of the John J. Foley Skilled Nursing Facility...

File photo of the John J. Foley Skilled Nursing Facility in Yaphank. (March 25, 2008) Credit: Bill Davis

After pressing Suffolk lawmakers for months to sell the county nursing home to help close the county's $150-million budget gap, County Executive Steve Levy backed away Tuesday from a showdown vote because it was unclear he had the support for the $36-million deal.

Chief Deputy County Executive Edward Dumas said Levy decided not to submit legislation requesting approval of the sale. While Levy couldn't get approval from lawmakers, he will instead make the sale of the 264-bed John J. Foley Skilled Nursing Facility in Yaphank part of his proposed 2011 budget, which must be filed by Sept. 17.

"We felt it was imprudent to force a vote right now and jeopardize the status of the potential buyer," Dumas said. He added it was "very unclear" if the administration had the votes for passage. He added it would be a "very close" vote. "There is too much at stake to force a vote today," he said.

Levy's tactical retreat came after a proposal Tuesday by state Sen. Brian Foley and Legis. John M. Kennedy Jr. for state legislation to create a public benefit corporation to run the nursing home. Levy called the plan unworkable because it would create an unaccountable agency like the MTA that would burden taxpayers with more debt.

Presiding Officer William Lindsay (D-Holbrook) said Levy was at least three or four votes short of the 12 needed to to authorize the sale. He also said that prospects for the proposal will now get tougher because the legislature's health committee is dominated by opponents of the sale. If the proposal cannot be voted out of committee, Levy will need the backing of at least 10 lawmakers to move it to the floor for a vote at the next legislature meeting Sept. 16.

With Jennifer Sinco Kelleher

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