New York
Judge finds Sullivan County in contempt for moving nursing home residents despite court order
A state judge found Sullivan County and its county manager in criminal contempt for transferring 27 residents out of the Care Center at Sunset Lake after a September order paused the closure, according to the families' attorney.
Key facts
- Judge found Sullivan County in contempt over resident transfers.
- 27 residents moved after a September order, families' attorney says.
- Case returns to court November 24.
What happened
A State Supreme Court justice found Sullivan County and County Manager Joshua Potosek in criminal contempt on Thursday, October 29, for continuing to move residents out of the county-owned Care Center at Sunset Lake in Liberty, according to Michael Sussman, the attorney representing residents, relatives and employees. News 12 and Daily Voice reported the ruling on October 30. Justice Kevin Bryant issued it verbally after a hearing in Ulster County.
Sussman said 27 residents were transferred between September 17 and October 8, after the judge issued a temporary restraining order barring further transfers and layoffs, and that staffing at the 146-bed home was cut roughly in half in the same period. He said county officials testified about a new form that appeared to shift responsibility for transfers to residents or their families. The county has previously denied pressuring anyone to leave, saying residents were told the closure was on hold and could choose to stay or move voluntarily.
The county announced the closure in August, citing finances, rising costs and needed repairs. The county legislature voted 5-4 on October 1 to close the home, but the lawsuit continues. The case returns to court in Kingston on November 24.
What it means for families
For families with a relative in a home that is closing, a court order or a state-approved closure plan can affect whether and when residents must move. Families should get any change in writing and should not sign transfer papers they do not understand. A move is a big decision for a frail person, and families have the right to ask questions first.
For example: if a staff member hands your mother a form about moving, you can ask for a copy, take time to read it, and call the ombudsman before anyone signs.
Anywhere in New York, the Long Term Care Ombudsman Program offers free, confidential help to nursing home residents and families, including during closures and transfers.
What to do this week
- If a home announces a closure, ask in writing for the state-approved closure and relocation plan.
- Do not sign transfer forms until you understand them; ask for a copy.
- Call the NY Long Term Care Ombudsman Program for free help.
- Visit any new home before agreeing to a move.
Sources
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