Judge finds Sullivan County likely violated state law in nursing home closure decision
Judge says the closure was discussed behind closed doors, with little public discussion about how or why the decision was made.
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A judge who temporarily stopped Sullivan County from closing its county-owned nursing home has issued a written decision finding that the families, residents and employees challenging the closure are likely to succeed on a key part of their case.
State Supreme Court Justice Kevin Bryant first issued a temporary restraining order on Sept. 16, stopping Sullivan County from moving additional residents out of the Care Center at Sunset Lake in Liberty or laying off more employees.
Following a court hearing Monday, Bryant granted a preliminary injunction that keeps those protections in place while the lawsuit moves forward. In a written decision released Wednesday, Bryant found the petitioners demonstrated a “likelihood and probability of success” on their claim that Sullivan County violated New York’s Open Meetings Law when the decision to close the facility was discussed during an executive session on March 26.
The judge wrote that there was no indication of substantive public discussion about the closure, no clarification of what documents, information, reports or opinions lawmakers considered, and no public dialogue among legislators about the reasons for their votes.
The petitioners also allege there was no valid vote by the Sullivan County Legislature to close the nursing home and say there is no clear public record showing lawmakers properly authorized the closure.
Sullivan County disputes that argument. County attorneys have said the March 26 action directed the county manager to submit a closure plan to the state Department of Health.
The ruling comes after the vast majority of the nursing home’s residents had already been moved. The Care Center had 93 long-term residents when Sullivan County announced the closure Aug. 19. The county said 17 residents remained at the time of Monday’s court hearing and just 12 remained as of Sept. 23.
Attorney Michael Sussman, who represents the petitioners, is now raising questions about whether the county is complying with the court order. He alleges remaining residents and their families have not been adequately informed that they no longer have to relocate while the closure is on hold and says residents continue to be moved from the facility.
The county has said residents are aware the closure process is paused and are free to remain at the Care Center or voluntarily seek another placement.
News 12 reached out to Sullivan County on Friday for additional information about whether residents have continued to leave since the preliminary injunction was issued, how residents and families were notified about the court order, and for a response to Sussman’s latest allegations.
The county has said financial pressures forced the decision to close the 146-bed facility, citing low reimbursement rates, rising operating costs and millions of dollars in needed repairs.
The latest ruling follows News 12’s previous reporting, in which families said residents were being rushed out of the Care Center before the court intervened.
Among them are sisters Bonnie Lewis and Patti Milisauskas, whose 64-year-old sister, Janet, lived at the facility for more than five years before being transferred to Valley View Center for Nursing Care in Goshen.
Sussman has argued the county’s closure decision is invalid because of how it was made.
Sullivan County has defended its handling of the closure and previously said the New York State Department of Health approved its closure plan.
The preliminary injunction keeps the closure process on hold while the case continues. Both sides are due to submit additional court filings by Oct. 19.
