#NHD Legal

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! * * * ]

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.


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...


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?


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