Judge finds Sullivan County in criminal contempt over nursing home transfers
The county and its manager were found in contempt for continuing to move residents and lay off staff at the Care Center at Sunset Lake despite court orders halting its closure.
More Stories
A judge has found Sullivan County and its county manager in criminal contempt for continuing to move residents out of a county-owned nursing home despite a court order temporarily halting plans to close the facility, according to an attorney representing residents and employees.
Attorney Michael Sussman says State Supreme Court Justice Kevin Bryant issued the verbal ruling Thursday following a hearing in Ulster County.
The ruling is the latest development in an ongoing legal battle over the planned closure of the Care Center at Sunset Lake in Liberty.
Sussman says the judge found that Sullivan County and County Manager Joshua Potosek willfully violated court orders issued in September that prohibited additional resident transfers and staff layoffs while the lawsuit proceeded.
According to Sussman, 27 residents were transferred from the nursing home between Sept. 17 and Oct. 8, after the initial restraining order was issued. He also says staffing at the facility was reduced by roughly half.
The contempt proceeding followed allegations by residents, family members and employees that the county continued implementing its closure plans despite the court’s intervention.
The county has previously denied pressuring residents to leave, maintaining that residents were informed the closure process was on hold and could choose to remain at the facility or voluntarily relocate elsewhere.
Sullivan County announced plans to close the 146-bed nursing home in August, citing financial challenges, rising operating costs and millions of dollars in needed repairs.
The announcement prompted a lawsuit from residents, relatives and employees who challenged how the closure decision was made.
In September, Bryant issued a temporary restraining order stopping further resident transfers and layoffs. He later granted a preliminary injunction keeping those protections in place.
In an earlier written decision, the judge found that the residents and employees challenging the closure were likely to succeed on their claim that the county violated New York’s Open Meetings Law by discussing the decision during a closed-door meeting in March.
The Sullivan County Legislature subsequently voted 5-4 on Oct. 1 to close the facility, but the lawsuit challenging the closure remains ongoing.
Thursday’s reported contempt finding adds another legal complication for the county as it continues to defend its handling of the nursing home closure.
The case is scheduled to return to court Nov. 24 for further proceedings related to the contempt ruling.
News 12 is awaiting additional information about the ruling and the county’s response.
