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#NHD Legal

Tracking Utica Hospital Headlines

The Wynn Hospital construction is underway in downtown. As lawsuits oppose Oneida County eminent domain, Better Utica Downtown is advocating to create a Better Hospital Neighborhood.

May 16, 2021 - Oneida County has a Challenge to their Eminent Domain action...

Also download here: The Petition, and Exhibits A-I, & Affidavit Of Service.

Looking back, Eminent domain settled for new Utica hospital and Why Utica, Oneida County would handle eminent domain for new hospital.

May 14, 2021 - Read lawsuit to protect Enterprise Rent-A-Car parcel in, 525-527 ORISKANY STREET LLC vs. ONEIDA COUNTY BOARD OF LEGISLATORS, ONEIDA COUNTY, JOHN DOE CORPORATIONS AND JOHN DOES

October 22, 2020 - Oneida County Supreme Court Judge Clark renders her Decision & Order (PDF). See Text version.

July 24, 2020 - Oneida County Supreme Court has assigned a judge to our lawsuit, attorney Tom West introduces the long delayed case, read it here: Letter To Judge Clark Regarding Downtown Utica Hospital Lawsuit.

From: Rosa Usyk
Sent: Friday, July 24, 2020 10:23 AM
To: kbennett@bsk.com; Suzanne O. Galbato ; Thomas West
Subject: The Landmarks Society of Greater Utica, et al v. Planning Board of The City of Utica, et al.

Dear Counselors,

The above-matter has been transferred to the Hon. Bernadette T. Clark, Oneida County Supreme Court Justice. Judge Clark has scheduled a SKYPE FOR BUSINESS pre-trial conference/status conference. Please advise if you are available either on July 29, 2020 at 11AM or August 6, 2020 anytime between 11-3. I will also need your email address to invite you to the Skype meeting.

Additionally, as you are aware, this matter is not electronically filed. Do you have the capabilities to email or scan the Petition, Affidavits, Memo of Law (Petitioners) and Answer, Affidavits and Memo of Law (Respondents) to the Court, specifically to me, rusyk@nycourts.gov ? At this time, Judge is only requiring those specific documents mentioned above and does not need the attached Exhibits.

Please advise me at your earliest convenience as to what date you are available for a pre-trial conference and if you are able to email and/or scan the documents.

Thank you.

Rosa Usyk
Secretary to the Hon. Bernadette T. Clark
Oneida County Supreme Court
Oneida County Courthouse
200 Elizabeth Street
Utica, NY 13501
(315)266-4310
rusyk@nycourts.gov

June 24, 2020 - Email update from attorney Tom West...

To: Brett Truett
From: Tom West
Date:: June 24, 2020
Subject:: FW: Notice of Entry - No Hospital Matter

Brett, finally, the Albany County Clerk’s office came back to life and has processed entry of the Decision in Order from Justice Mackey. Their service upon us of a copy of the same gives us notice of our appeal rights. Obviously, we are not considering an appeal at this point. More significantly, this will begin the transfer process to Oneida County. I will continue to make inquiries to find out when this is transferred and the judge to whom it is assigned. Stay tuned.

Thomas S. West, The West Firm, PLLC, Peter Kiernan Plaza, ‪575 Broadway, 2nd Floor, ‪Albany, NY 12207-2931‬

Sadly this email arrives one year and three days after Justice Mackey was assigned to handle this lawsuit. Reveiw the painfully slow progress below and or View scenes of the irreversable damage that's resulted to a historic Utica neighborhood.

April 17, 2020 - The legal teams of MVHS and the City of Utica Planning Department (and unseeable "Higher Powers") go shopping for a new judge...

[ As of June 8, 2020, it has been 60 Days and lawsuit has not yet arrived in Oneida County ]

April 7, 2020 - Legal update on the lawsuit from Tom West, received at 3:20 PM today...

"I wanted to take this opportunity to bring you up to date on developments with the New York State Court system. Several weeks ago, the Chief Administrative Judge of the New York Courts issued an order suspending all filings and activities on non-essential matters due to the coronavirus pandemic. This case falls into that category. However, today, the Chief Administrative Judge issued a revised order urging Justices to move forward with rendering decisions on all matters that have been fully submitted. This would include your case. We are hopeful that this clears the way for Justice Mackey to finally render a decision concerning this matter."

Get to know 5th JD - Oneida County County Supreme Court & Judges.

November 3, 2019 - After MVHS sell $263.7 million of Oneida County muncipal bonds later this year, MVHS will have $193,702,411 in debt! The 2020 repayment cost is $18M, with $15M due each year until 2049.

The MVHS bonding disclosure document also states, "In May, 2019, several local residents and businesses ( the "Plaintiffs") filed a lawsuit..." and continues "...in the unlikely event the Court declares the Historic and Environmental Reviews to be invalid, and this decision is upheld upon any appeal by the Agencies and the System, the Agencies and the System may be required to reopen their Historic and Environmental Reviews and proceed with further testing, consideration of alternatives, and/or development of additional avoidance/mitigation plans." [Ref. Page 33 ]

Lawsuit Not Dismissed

June 28, 2019 - An Albany Supreme Court Judge is assigned the lawsuit, while MVHS's court papers request a prompt dismissal, as of March 1, 2020, 8-months and 5-days have passed. Three claims are uphheld and the MVHS SEQR Reveiw looks VERY suspect.

They think they* can take private property and give to other private developers, but last time we checked this was the United States of America! Downtown Utica would suffer from such an ignorant redevelopment concept, one totally out-of-sync with Utica's Master Plan.

This will become a court case, perhaps multiple court cases, and a process consuming multiple years. We're seeking due process for Utica and Oneida County residents. That and other violations and questionable acts documented below...

[ * * * Read Their Emails! * * * ]

# # #

2020

February 17, 2020 - Here are the files submitted by MVHS and the City of Utica Planning Board lawyers...

MVHS

[1] February 13, 2020 - MVHS, E Lints Affidavitt in Support

[2] February 14, 2020 - MVHS, K Bennett Affidavitt in Opposition

[3] February 14, 2020 - MVHS, K Bennett, Affidavitt Of Motion To Strike

[4] February 14, 2020 - MVHS, K Bennett, Letter To Court

[5] February 14, 2020 - MVHS, K Bennett, Notice of Motion

[6] February 14, 2020 - MVHS, Memo Of Law, Opposition To Petition

[7] February 14, 2020 - MVHS, Memo Of Law, Motion To Strike

[8] February 14, 2020 - MVHS, Notice Of Motion To Strike Affd. & Exh. of Mini.

[9] February 13, 2020 - MVHS, R Scholefield Affidavitt

[10] February 13, 2020 - MVHS, S Eckler Affidavitt in Support

[11] February 12, 2020 - MVHS, Varified Answer To Varified Petition

Planning Board

[12] February 14, 2020 - Planning Board Verified, B Thomas Affidavit

[13] February 14, 2020 - Planning Board Verified, K Hartnett Affidavit

[14] February 14, 2020 - Planning Board Verified Amended Petition

February 10, 2020 - Legal update, 7 months and 16 days since MVHS CEO stated case would be quickly dismissed...

View MVHS's fraudulent Demolition, as Utica Mayor Palmieri allowed site approval based on a corrupt SEQR process.

February 5, 2020 - Our team's Law Firm files papers in Albany Supreme Court…

Read the Notice of Cross Motion and our attorney's Affirmation opposing leave to appeal.

February 3, 2020 - * * * 50 Pages * * * Attorney for MVHS and City of Utica's Corporate Council file papers, 50 pages arguing this case should be moved out of Albany and sent to Oneida County! Why? See if you can understand their latest delay tactic in papers submitted to Albany Supreme Court…

Read MVHS affirmation in Support Of Venue Change and the City of Utica’s Support Of Venue Change.

January 23, 2020 - Albany Supreme Court Releases Schedule for upcoming motions and pleadings.

January 21, 2020 - Today, it appears that an “end run” was attempted! According to this Oneida County Supreme Court document FAX From Justice MacRae, it seems motions pending before an Albany Supreme Court were attempted to be moved before Oneida County Supreme Court. We must ask, “Is this not the an attempt to subvert the law?” From our vantage point, it certainly indicates to us that MVHS and the City of Utica were seeking a more favorable courtroom. Read More...

Now let us see what the local media reports...

January 10, 2020 - More documents placed before Albany Supreme Court (Please Check Back), as we seek to prevent case from leaving Albany Supreme Court.

2019

December 31, 2019 - Afraid to face the merits of our lawsuit, the Defendants Want To Run Away From Justice Mackey's Courtroom.

December 28, 2019 - Judge rules, and our attorney states, "The City of Utica, the Planning Board, as well as MVHS threw everything they had against us trying to get those claims dismissed, unfortunately for them those claims remain valid.” Tom West, The West Firm

December 23, 2019 - Judge renders judgement; Letter And Decision From Justice Mackey (1.85 MB), and Decision And Order Of Justice Mackey (1.36 MB).

Finally, after 6 Months and 5 days, #NoHospitalDowntown hears that judge has NOT dismissed our case.

MVHS not likely to recieve $300M until case is settled.

November 26, 2019 - As MVHS pushws forward on a Groundbreaking, our side submits a Letter to Judge Mackey.

October 15, 2019 - Read the Oral Arguments Transcript in lawsuit...

STATE OF NEW YORK
SUPREME COURT COUNTY OF ALBANY
------------------------------------
THE LANDMARKS SOCIETY OF GREATER UTICA, JOSEPH BOTTINI,
#NOHOSPITALDOWNTOWN, BRETT B. TRUETT, JAMES BROCK, JR.,
FRANK MONTECALVO, JOSEPH CERINI, AND O'BRIEN PLUMBING &
HEATING SUPPLY, a division of ROME PLUMBING AND HEATING
SUPPLY CO. INC.,

Petitioners-Plaintiffs,

For a Judgment pursuant to Article 78 and Section 3001 of the Civil Practice Law and Rules,

-against- Index No. 02797-19

PLANNING BOARD OF THE CITY OF UTICA, NEW YORK STATE OFFICE
OF PARKS, RECREATION AND HISTORIC PRESERVATION,
ERIK KULLESEID, ACTING COMMISSIONER, DORMITORY AUTHORITY
OF THE STATE OF NEW YORK AND MOHAWK VALLEY HEALTH SYSTEM,

Respondents-Defendants.

November 1, 2019 - Utica hospital lawsuit argued in court yesterday...

The oral arguments lasted for more than an hour, “which is telling in and of itself,” West said.

“We appreciate Supreme Court Justice L. Michael Mackey hearing our oral arguments today and giving us the opportunity to thoroughly present our case to dismiss this challenge,” Mohawk Valley Health System Executive Vice President and CEO Robert Scholefield said in a statement. “Within the next week, we will provide further information to the court and look forward to the judge’s final decision. In the meantime, construction will continue for the new regional medical center.”

West said he submitted a photo of the demolition of a garage within the planned hospital footprint, which took place Wednesday, to the court. The judge gave the defendants a week to respond to that submission and their submission may require another response from the plaintiffs, West said. So a decision won’t come immediately, but he doesn’t think it will be too long, he said.

“It’s ripe for decision making very soon,” West said.

October 10, 2019 - This Halloween, Albany Supreme Court to hear oral arguments...

Meanwhile, residents' voices against hospital continue.

October 20, 2019 - The Utica Planning Board accepts MVHS's Site Plan, but MVHS doesn't own the required land and there's a lawsuit pending.

Utica city clerk's office had two drawings that appear to be the latest site drawings: Sheet A (we added red squares) and Sheet B. They show the helipad removed.

August 17, 2019 - Today we report that the New York State Assistant AG writes West Law Firm, reports that DASNY Submits Their Findings Statement (22 pages, 4.9MB) on the Downtown Utica Hospital called #MVHSDOWNTOWN, being pushed by Politicians and MVHS.

A lawsuit that #NoHospitalDowntown is party to, New York health system faces lawsuit over $480M hospital project, remains pending before the Honorable L. Michael Mackey.

Consider AFFIDAVIT OF FRANK MONTECALVO

June 27, 2019 - Read Respondents-Defendants Submissions ("Reply Papers"); twenty-nine (29) combined pages on eve of judge assignment, as case is subsequently assigned to the Honorable L. Michael Mackey.

In response to the above, The West Firm PLLC, replied with West Firm To The Honorable Judge Mackey, which includes a letter received from an Assistant Attorney General.

June 20, 2019 - Read our Petitioners-Plaintiffs papers filled in opposition to the motions to dismiss.

June 14, 2019 - The Respondents-Defendants submit documents to Albany Supreme Court; in lockstep the City of Utica, New York State and Mohawk Valley Health System all work together to avoid the merits of our claims.

May 10, 2019 - As we seek to save CoLa, various parties act...

May 9, 2019 - In the news today, #NoHospitalDowntown to sue Utica hospital project

You may download the case files here: Executed Pleadings - Hospital Litigation.

Build the hospital where it belongs, within the current Oneida County Medical Dustrict at the St. Luke's Campus. The concept drawing was on hand in June of 2015, New St. Luke's Hiospital Concept (DEIS).

News Coverage of Lawsuit

Becker's Hospital Review: New York health system faces lawsuit over $480M hospital project

WRVU: Downtown Utica hospital project faces lawsuit

TalkFM 100.7: No Hospital Downtown Announces Lawsuit To Stop MVHS Hospital

WKTV2 (a): No Hospital Downtown Files Lawsuit Against MVHS Others In Albany

WKTV2 (b): No Hospital Downtown Files Lawsuit Against MVHS Others In Albany

WIBX 950: No Hospital Downtown Files Lawsuit Against MVHS Hospital Project

WUTR: 'No Hospital Downtown' Sues MVHS and Others

Utica Observer-Dispatch: UPDATE: #NoHospitalDowntown sues Utica hospital project

January 17, 2019 - On this week's news of Nexus Center funding, #NoHospitalDowntown submitted a statement to the Utica Planning Board and regional media, "Attn: Utica Planning Board, Re: Nexus Center".

December 27, 2018 - In response for public comments on the MVHS SEQR DEIS, today #NoHospitalDowntown submitted this statement prepared on our behalf by Albany law firm, The West Firm, PLLC. Brett Truett and #NoHospitalDowntown offer Public Input On MVHS's Downtown Utica Hospital DEIS.

December 9, 2018 - Today #NoHospitalDowntown has engaged Thomas West of the Albany law firm, The West Firm, PLLC. All necessary actions will be taken to prevent the ill-concieved hospital from bulldozing Downtown Utica's CoLa Neighborhood.

So many poor choices have been made by a few insiders to support their ill-conceived downtown hospital, good thing there are people who know how to fight back...

This sounds like someone we could use, "HPC handles sophisticated legal matters including business and commercial litigation, business and corporate law and transactions... and land use, zoning and preservation matters...", and here's an Interview.

December 10, 2018 - Officials deny rigging hospital site study, but who accused them?

Their emails make it pretty clear, Steve DiMeo and a few politicians (Brindisi & Picente) rigged hospital siting, no accusing required!

Plus, MVHS CEO Scott Perra already confirmed it in April of 2017, "Our Politicians Are The Ones, Mr Tony Picente, Anthony Brindisi and Mayor Palimeir...". This was repeated a few days later by MVHS COO Robert Scholefield, have a listen as Mr. Scholefield states, It Was Made Clear To Us...

December 12, 2018 - MOHAWK VALLEY HEALTH SYSTEM HOSPITAL PROJECT PETITION FOR EXTENSION OF PUBLIC COMMENT PERIOD ON DRAFT ENVIRONMENTAL IMPACT STATEMENT.

August 25, 2018 - Again, we ask, "Who knew what, when, and who did they tell?" This is a great question when you consider these posts, comments and facts...

Begins with a post to Twitter by TheUrbanPhoenix...

Get a more complete picture here, Social Media Exchange Uncovers Corruption.

August 2, 2018 - We have many coming to us with stories...

So we keep writing letters, sending emails, for example, Letter To Office of NYS AG Barbara Underwood

February 10, 2018 - The Oneida County Executive and City of Utica Mayor developed a legal document, mostly to bolster the MVHS application For their C.O.N., also for the Ongoing Hospital PR Circus, yet it's not enforceable...

Visit our MOU / MOA page that followed this story.

December 21, 2017 - Mohawk Valley Health System lawyer mentions "eminent domain"...

Also at the firm Bond Schoeneck & King is former Oneida County Executive, Raymond A. Meier. And this other politician was kind enough to respond, letters, lots of words, but No Real Answers, hey didn't Joe work with Ray?

November 21, 2017 - Perhaps under new management, and a "clean-up crew" to dust-off old content, but did they clear away all the "screen captures"? Remove all the incriminating posts? We think not. And to have a bunch of nice people stand shoulder-to-shoulder, proclaiming "community support"? Terribly flimsy thinking, and by all appearances, by very shallow thinking folks... #Astroturfing...

Someone shared this quote with us, "Everyone knows truth comes not from sophisticated elites, but from ordinary working people." Troubling too, our elites are not even that sophisticated.

October 20, 2017 - Can you say "arbitrary and capricious"...

August 13, 2017 - More closed-door meetings, why? Oneida County government officials hold closed door meetings on private Utica hospital garage funding...

Is This The Smoking Gun?: A contact reached out over txt message, and a few other exchanges, suggested a person with first hand knowledge of St. Elizabeth's financial background offered this:

Unfunded St. Elizabeth Medical Center Retirement Plan.

Is "Sin City" alive and well?

August 8, 2017 - Secret meetings, and Utica Headlines On Downtown Hospital Funding...

July 23, 2016 - How will the Utica-area politicians look when the national stage and the legal system reviews their actions for Downtown Utica and Oneida County healthcare?

July 15, 2017 - Editing tapes of City Hall's public meetings prior to sending DVD's to public access TV... why is the public seeing "doctored" video? Who controls the taping, the editing, and the distribution? Who are the vendor(s), their connections, and under what contracts? Don't bother asking City Hall, we'll let a court decide...

October 13, 2016 - Who is this company? We were told they were exclusively healthcare professionals, but that is not true. They are real estate investment professionals, they make money for high wealth individuals and they seek to make a handsome profit in Downtown Utica. We're watching the Hammes Company. Watch a very telling video...

Utica mayor has said he'd close streets, Give-away City Assets to the private hospital. What say would the taxpayers have? What if they don't want streets closed, or historic assets given away?

September 21, 2016 -Those that say they studied and carefully placed the proposed hospital into Downtown Utica, will their "hard work" really hold-up in court?

September 12, 2017 - The Oneida County and City of Utica public is told a single board calls the shots on Utica's three hospitals, this is false...

June 13, 2017 - We wonder, "Is it any crime to hide from the NYS Department of Health, and Oneida County residents, the true new hospital budget?"

Proponents say a big reason to going into Downtown Utica is the "economic development" benefits. However, how would one calculate such outcomes for the City of Utica and Oneida County if true budget figures are not used? For example, the MVHS CEO reports the budget he offered the Oneida County Legislators is fake, The Missing New $75-75M IT System.

Furthermore, our economic development lead agency (MVEDGE) uses some Very Fuzzy Math as well. Then our political leaders and hospital leaders shout-out, "It's Final: Hospital Going Downtown", yet finances of MVHS suggest the hospital's ability to borrow is not a sure bet. What gives?

September 1, 2017 - The Oneida County leadership and Utica City Hall craft documents, they're MOU turns into a MOA, but do they have legal teeth?

July 19, 2017 - Oneida County economic development agency, MVEDGE Acts To Derail City Of Utica Business Project...

July 11, 2017 - The Utica Common Council passed a resolution regarding the downtown hospital funding. The resolution was created by the council's economic development committee, chaired by Joseph Marino. Councilman Marino promised more information on the meeting and the resolution's creation multiple times. However, the information was never produced, a citizen FOIL'd for it, and then...

The below resolution was created by someone, but we don't know who or when, or what deliberations were considered as no minutes exist! We understand meetings held by the Economic Development, Municipal Housing, Urban Renewal Agency & D.U.D.A. Committee, discuss "any property, municipal housing, contract presentations and legislation affecting the City of Utica", and that's the committee that produced it...

Councilman Joseph Marino #MVHSDowntown Hospital Resolution

Why did the Utica Common Council Seek A Resolution On The "Downtown" Hospital So Early?

May 8, 2017 - Letters, many words, but no real answers...

April 16, 2017 - Hospital CEO sugar-coats truth...

This and other comments, along with emails from #emailgate, prove that the hospital board was told, "downtown or no money".

June 12, 2017 - Why are taxpayers being told the city will give away assets to a private company, when investigation shows it is very likely just a

Politicians' Downtown @CityofUtica Hospital #Hammes paves way? "When Real Estate Corruption Leads to Unjust Cities" https://t.co/3tFt0AgDuc pic.twitter.com/K5lWe8eBmJ

— #NoHospitalDowntown (@NoHospitalDwtn) June 12, 2017 ">Real Estate Investment Scheme? Taxpayers must demand a full accounting of the downtown concept, otherwise it must be stopped!

July 5, 2017 - It has been a long and unproductive ordeal, leadership ignoring constituents, is there only one path?

July 5, 2017 - Our group has been using "screen captures", as our posts have been removed. Why can't there be open dialogue and debate? Why are critical views not allowed?

September 30, 2017 - Who knew what and when, and why was known information withheld from taxpayers and residents?

References

Tabrizi v. Faxton-St. Luke’s Health Care

Final Rule: Inpatient Psychiatric Facilities

The hospitals (yes, with an "s"), its boards (yes boards, with an "s"), and those that have placed them in this position will be very vulnerable. Are they counting on a local court? A local judge? Only time will tell, oh, and we have LOTS and LOTS of time... too bad regional healthcare hangs, and hangs, in the balance!

No Studies, No Reports, thus we remain #NoHospitalDowntown

Our research is ongoing, please check back. Our research is ongoing, please check back.