Ruling blocks closing of nursing facility
Three of the John J. Foley Skilled Nursing Facility's 195 patients were moved to other long-term care centers in Suffolk on March 28, 2013. Credit: Bill Davis
On the eve of a last-ditch vote to sell Suffolk's nursing home, the Appellate Division yesterday issued a preliminary injunction blocking County Executive Steve Levy from shutting the 264-bed Yaphank complex at month's end.
"This is a very far-reaching decision. It stops the county executive dead in his tracks," said Anton Borovina, attorney for three nursing home residents and one worker.
The ruling reversed a ruling last month by State Supreme Court Justice Paul Baisley and blocks further layoffs that were scheduled to take effect March 6, but does nothing for the 16 people who were laid off last month.
However, Levy aides said late yesterday the county executive is intent on going ahead with today's special meeting in Hauppauge set for 2 p.m. Levy called the meeting to resuscitate the once-rejected deal to sell the John J. Foley Skilled Nursing Facility for $36 million to private nursing home operator Kenneth Rozenberg.
"While the decision impacts our ability to close the facility, it has no impact on our ability to sell," said Levy spokesman Dan Aug, a position Borovina disputes. Aug added that if a sale or the home's closing is significantly delayed, Levy would put in a resolution to lay off 800 other county employees.
Upping the ante, Aug late last night disclosed that the county executive has a signed "memorandum of agreement" on a new four-year contract with Suffolk's largest union, the 6,500 member Association of Municipal Employees. The agreement is contingent on the sale of the nursing home so that the county can afford it.
Aug declined to provide details of the pact with the union, which represents the county's white- and blue-collar workers who have been without a contract since Jan. 1, 2009. Union president Cheryl Felice could not be reached for comment last night.
After the court decision, Levy also went to the Hauppauge office of Presiding Officer William Lindsay, where Aug said the county executive informed Lindsay of the union talks and offered a "compromise" that would provide transition aid for current nursing home workers. It also includes new language that would insure that nursing home patients could remain there.
Lindsay (D-Holbrook) last night called Levy's tone "very civilized and appealing."
Without a settlement, the appellate injunction is likely to put off a ruling for months. Oral arguments will come in May and a decision likely in June or July. Levy's 2011 budget does not include nursing home funding after March 31.
