On June 28, 2023 a
Motion-Secondary
was filed
involving a dispute between
People Of The State Of New York, By Letitia James, Attorney General Of The State Of New York,
and
Abraham Operations Associates Llc Dba Beth Abraham Center For Rehabilitation And Nursing,
Aharon Lantzitsky,
Amir Abramchik,
Aron Gittleson,
Beth Rozenberg,
Bis Funding Capital Llc,
Centers For Care Llc Dba Centers Health Care,
Cfsc Downstate Llc,
Daryl Hagler,
David Greenberg,
Delaware Operations Associates Llc Dba Buffalo Center For Rehabilitation And Nursing,
Delaware Real Property Associates Llc,
Elliot Kahan,
Hollis Operating Co Llc Dba Holliswood Center For Rehabilitation And Healthcare,
Hollis Real Estate Co Llc,
Jeffrey Sicklick,
Jonathan Hagler,
Kenneth Rozenberg,
Leo Lerner,
Light Property Holdings Ii Associates Llc,
Mordechai Moti Hellman,
Reuven Kaufman,
Schnur Operations Associates Llc Dba Martine Center For Rehabilitation And Nursing,
Skilled Staffing Llc,
Sol Blumenfeld,
for Commercial - Other - Commercial Division
in the District Court of New York County.
Preview
FILED: NEW YORK COUNTY CLERK 06/28/2023 12:56 PM INDEX NO. 451549/2023
NYSCEF DOC. NO. 38 RECEIVED NYSCEF: 06/28/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ALBANY
____________..__...._________________________--------Ç
PEOPLE OF THE STATE OF NEW YORK,
by LETITIA JAMES, Attorney General
of the State of New York,
Petitioner, Index No. /23
AFFIDAVIT OF
- against- DET. KATIE O'NEILL
ABRAHAM OPERATIONS ASSOCIATES
LLC d/b/a BETH ABRAHAM CENTER
FOR REHABILITATION AND NURSING,
DELAWARE OPERATIONS ASSOCIATES LLC
d/b/a BUFFALO CENTER FOR REHABILITATION
AND NURSING, HOLLIS OPERATING CO., LLC
d/b/a HOLLISWOOD CENTER FOR REHABILITATION
AND NURSING, SCHNUR OPERATIONS
ASSOCIATES LLC d/b/a MARTINE
CENTER FOR REHABILITATION AND NURSING,
LIGHT PROPERTY HOLDINGS ASSOCIATES LLC,
DELAWARE REAL PROPERTY ASSOCIATES LLC,
HOLLIS REAL ESTATE CO. LLC,
LIGHT OPERATIONAL HOLDINGS ASSOCIATES LLC,
LIGHT PROPERTY HOLDINGS II ASSOCIATES LLC,
CENTERS FOR CARE LLC d/b/a CENTERS HEALTH CARE,
CFSC DOWNSTATE, LLC, BIS FUNDING CAPITAL LLC,
SKILLED STAFFING, LLC, KENNETH ROZENBERG, DARYL HAGLER,
BETH ROZENBERG, JEFFREY SICKLICK,
LEO LERNER, REUVEN KAUFMAN, AMIR ABRAMCHIK, DAVID GREENBERG,
ELLIOT KAHAN, SOL BLUMENFELD, ARON GITTLESON,
AHARON LANTZITSKY,
"MOTI"
JONATHAN HAGLER, and MORDECHAI HELLMAN,
Respondents.
______________________________________________Ç
State of New York )
) ss.:
County of Erie )
Detective Katie O'Neill, being duly sworn, deposes and says:
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FILED: NEW YORK COUNTY CLERK 06/28/2023 12:56 PM INDEX NO. 451549/2023
NYSCEF DOC. NO. 38 RECEIVED NYSCEF: 06/28/2023
1. I am a Detective (shield # 2359) employed by the Office of the New York
State Attorney General ("OAG").
2. I have worked for OAG since June 2008. I first served as an auditor in
OAG's Medicaid Fraud Control Unit (MFCU). In the summer of 2010, when I completed
my law enforcement training at the Police Academy, I became a Detective (although my
"Investigator"
title was until 2021) at MFCU. On June 23, 2022, I transferred to the Major
Investigation Unit, where I currently work as a Detective.
3. The OAG, through MFCU, is conducting an investigation of Centers for
Care LLC d/b/a Centers Health Care ("Centers") and certain skilled nursing facilities
affiliated with Centers, including Buffalo Center for Rehabilitation and Nursing ("Buffalo
Center"), located at 1014 Delaware Avenue, Buffalo, New York 14209.
4. I was assigned to work on MFCU's investigation in March 2021. As part
of the investigation, I interviewed some of Buffalo Center's past and present employees. I
have summarized these interviews below.
5. This affidavit and the facts stated herein are based upon my personal
knowledge where indicated, or upon information and belief. The sources of this
information and bases for these beliefs are specified herein.
6. Witness Interviews; Methodology: All the interviews described below
were conducted live, either in person or by telephone or videoconference. Either I or one
of my colleagues confirmed that the witnesses are who they purport to be and were in a
position to make the observations reported.
7. The witness interviews summarized below recount the sum and substance
of what the witnesses told me.
BCE9: LPN - Low and Unreliable Agency Staff
Staffing
8. On March 16, 2021, and October 21, 2021, I interviewed LPN BCE9. She
has worked at Buffalo Center for approximately 34 years as a full-time LPN on the day
better"
shift. Staffing was a major issue and "could be if Buffalo Center hired more people
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FILED: NEW YORK COUNTY CLERK 06/28/2023 12:56 PM INDEX NO. 451549/2023
NYSCEF DOC. NO. 38 RECEIVED NYSCEF: 06/28/2023
and stopped using agency staff. At least 90% of the facility is staffed using agency
personnel. The in-house personnel are not paid as much as agency staff. Buffalo Center
should increase wages for the in-house staff to attract more candidates
vested"
9. Agency staff are "not in the residents or the building and many "do
care." offs."
not Many of the staffing issues surrounded the use of agency and "tons of call
Although the 3rd floor should have at least 3 nurses and 8 CNAs, in reality, they would be
lucky to have 1-2 nurses and 4 CNAs on the floor during the day. In fact, they would be
lucky to have 5 nurses in the whole building during any given day shift.
10. BCE9 typically comes into work around 7:00 a.m. and does not leave until
she has done all of her work for the day, at about 6pm. Most of the time, she not only does
her job but also ends up being a CNA, a dietary aide, and housekeeper since the building
"manager"
is so short staffed. Sometimes she can get a to come up and help her if she really
needs it. BCE9 manages to get all of her tasks done most of the time because she comes in
early and leaves late.
"horrible."
11. The weekend shifts are Instead of getting 5 nurses and 12 CNAs
in the building, they can barely get 3 nurses and 5 CNAs total for the whole building. BCE9
does the best she can. Most of the time, BCE9 completes all of her tasks for the day BCE9
still continues to go to work every day for her residents.
BCE10: CNA - Low and Agency Staff
Staffing
12. On October 21, 2021, and October 27, 2021, I interviewed CNA BCE10.
BCE10 usually worked the second-floor rehabilitation unit from 1 1:00 p.m. until 7:00 a.m.
The whole facility needed more staff. A typical night on the Rehabilitation unit had only 2
CNAs and 1-2 nurses to care for 40-60 residents.
13. When BCE l0 was hired, she made $12.80/hour and was eventually bumped
"insulting."
up to $13.75/hour. Currently she is making $14/hour but even that amount is
There are many agency staff being used in the building and they get paid $21-25/hour to
do the same job as her. Often, agency staff members are scheduled to work, but fail to show
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FILED: NEW YORK COUNTY CLERK 06/28/2023 12:56 PM INDEX NO. 451549/2023
NYSCEF DOC. NO. 38 RECEIVED NYSCEF: 06/28/2023
members'
up. BCE10 thinks the facility leaves the agency staff names on schedules so that
well-staffed."
the facility "look[s]
14. Agency staff who do show up often leave when they see how short-staffed
the facility is; they refuse to work that short. But even those who do choose to stay often
refuse to do certain tasks, leaving more work for the in-house staff. On weekends, there is
no staff at all. If she does not come in and work on a Sunday, she is positive that there is
no CNA at all for the 2nd floor. She is unable to get any residents up and out of bed on her
shift if they are care-planned for a two-person assist. And it is impossible to complete care
for everyone most of the time, as they are always working short staffed.
BCE11: Housekeeper - Staff Shortages and their Duties
Nursing Performing
15. On October 21, 2021, I interviewed housekeeper BCEl l. BCE11 has
worked full time at Buffalo Center since 1984 as a Housekeeper. She works five days a
week, but those days change. She is stationed on the 4th floor of the facility.
"some"
16. Staffing has not improved since May 2021. Buffalo Center did
short"
hiring in housekeeping but everyone in all departments is still "working (short
short,"
staffed). Weekends are "really especially for CNAs and nurses. Even outside of
weekends, the facility always seems short staffed for CNAs.
17. Within the two months prior to my interview of BCEl 1, there were at least
two to three weekend days when she was the only worker on the 4th floor by herself at the
4th
start of her shift. In other words, there were no CNAs or nurses on the flOOr in those
instances. BCE11 did not know where the overnight shift was but she-a housekeeper
residents'
without any aide or nursing training-had to cover the nurse's station and answer
call bells. During those instances, two CNAs came in around 8:00 a.m., and the nurse did
not show up on the floor until sometime after 9:00 a.m.
BCE4: CNA - Falsification of Training Record
18. On May 20, 2022, I interviewed CNA BCE4. She reviewed an "In-Service
Record" "F725."
Attendance from Buffalo Center dated June 19, 2021, regarding the topic
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FILED: NEW YORK COUNTY CLERK 06/28/2023 12:56 PM INDEX NO. 451549/2023
NYSCEF DOC. NO. 38 RECEIVED NYSCEF: 06/28/2023
Her name and signature appeared on that form, but she did not print or sign her name to
the form. Nor was she working at Buffalo Center on that date.
WHEREFORE, based upon the foregoing, I respectfully request that the Court
grant the relief described in the Petition and Motion for Injunctive Relief.
(
BtATI 'N I
Sworn to before me this
day ())(.L/ 2023
o(
Milagro Ferrer
Notary Public, State of NanYork
Co· rit
d in Erie
My Commission Expires 2 2
Nota ubli
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Preview
FILED: NEW YORK COUNTY CLERK 06/28/2023 12:56 PM INDEX NO. 451549/2023 NYSCEF DOC. NO. 38 RECEIVED NYSCEF: 06/28/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ALBANY ____________..__...._________________________--------Ç PEOPLE OF THE STATE OF NEW YORK, by LETITIA JAMES, Attorney General of the State of New York, Petitioner, Index No. /23 AFFIDAVIT OF - against- DET. KATIE O'NEILL ABRAHAM OPERATIONS ASSOCIATES LLC d/b/a BETH ABRAHAM CENTER FOR REHABILITATION AND NURSING, DELAWARE OPERATIONS ASSOCIATES LLC d/b/a BUFFALO CENTER FOR REHABILITATION AND NURSING, HOLLIS OPERATING CO., LLC d/b/a HOLLISWOOD CENTER FOR REHABILITATION AND NURSING, SCHNUR OPERATIONS ASSOCIATES LLC d/b/a MARTINE CENTER FOR REHABILITATION AND NURSING, LIGHT PROPERTY HOLDINGS ASSOCIATES LLC, DELAWARE REAL PROPERTY ASSOCIATES LLC, HOLLIS REAL ESTATE CO. LLC, LIGHT OPERATIONAL HOLDINGS ASSOCIATES LLC, LIGHT PROPERTY HOLDINGS II ASSOCIATES LLC, CENTERS FOR CARE LLC d/b/a CENTERS HEALTH CARE, CFSC DOWNSTATE, LLC, BIS FUNDING CAPITAL LLC, SKILLED STAFFING, LLC, KENNETH ROZENBERG, DARYL HAGLER, BETH ROZENBERG, JEFFREY SICKLICK, LEO LERNER, REUVEN KAUFMAN, AMIR ABRAMCHIK, DAVID GREENBERG, ELLIOT KAHAN, SOL BLUMENFELD, ARON GITTLESON, AHARON LANTZITSKY, "MOTI" JONATHAN HAGLER, and MORDECHAI HELLMAN, Respondents. ______________________________________________Ç State of New York ) ) ss.: County of Erie ) Detective Katie O'Neill, being duly sworn, deposes and says: - 1 - 1 of 5 FILED: NEW YORK COUNTY CLERK 06/28/2023 12:56 PM INDEX NO. 451549/2023 NYSCEF DOC. NO. 38 RECEIVED NYSCEF: 06/28/2023 1. I am a Detective (shield # 2359) employed by the Office of the New York State Attorney General ("OAG"). 2. I have worked for OAG since June 2008. I first served as an auditor in OAG's Medicaid Fraud Control Unit (MFCU). In the summer of 2010, when I completed my law enforcement training at the Police Academy, I became a Detective (although my "Investigator" title was until 2021) at MFCU. On June 23, 2022, I transferred to the Major Investigation Unit, where I currently work as a Detective. 3. The OAG, through MFCU, is conducting an investigation of Centers for Care LLC d/b/a Centers Health Care ("Centers") and certain skilled nursing facilities affiliated with Centers, including Buffalo Center for Rehabilitation and Nursing ("Buffalo Center"), located at 1014 Delaware Avenue, Buffalo, New York 14209. 4. I was assigned to work on MFCU's investigation in March 2021. As part of the investigation, I interviewed some of Buffalo Center's past and present employees. I have summarized these interviews below. 5. This affidavit and the facts stated herein are based upon my personal knowledge where indicated, or upon information and belief. The sources of this information and bases for these beliefs are specified herein. 6. Witness Interviews; Methodology: All the interviews described below were conducted live, either in person or by telephone or videoconference. Either I or one of my colleagues confirmed that the witnesses are who they purport to be and were in a position to make the observations reported. 7. The witness interviews summarized below recount the sum and substance of what the witnesses told me. BCE9: LPN - Low and Unreliable Agency Staff Staffing 8. On March 16, 2021, and October 21, 2021, I interviewed LPN BCE9. She has worked at Buffalo Center for approximately 34 years as a full-time LPN on the day better" shift. Staffing was a major issue and "could be if Buffalo Center hired more people - 2 - 2 of 5 FILED: NEW YORK COUNTY CLERK 06/28/2023 12:56 PM INDEX NO. 451549/2023 NYSCEF DOC. NO. 38 RECEIVED NYSCEF: 06/28/2023 and stopped using agency staff. At least 90% of the facility is staffed using agency personnel. The in-house personnel are not paid as much as agency staff. Buffalo Center should increase wages for the in-house staff to attract more candidates vested" 9. Agency staff are "not in the residents or the building and many "do care." offs." not Many of the staffing issues surrounded the use of agency and "tons of call Although the 3rd floor should have at least 3 nurses and 8 CNAs, in reality, they would be lucky to have 1-2 nurses and 4 CNAs on the floor during the day. In fact, they would be lucky to have 5 nurses in the whole building during any given day shift. 10. BCE9 typically comes into work around 7:00 a.m. and does not leave until she has done all of her work for the day, at about 6pm. Most of the time, she not only does her job but also ends up being a CNA, a dietary aide, and housekeeper since the building "manager" is so short staffed. Sometimes she can get a to come up and help her if she really needs it. BCE9 manages to get all of her tasks done most of the time because she comes in early and leaves late. "horrible." 11. The weekend shifts are Instead of getting 5 nurses and 12 CNAs in the building, they can barely get 3 nurses and 5 CNAs total for the whole building. BCE9 does the best she can. Most of the time, BCE9 completes all of her tasks for the day BCE9 still continues to go to work every day for her residents. BCE10: CNA - Low and Agency Staff Staffing 12. On October 21, 2021, and October 27, 2021, I interviewed CNA BCE10. BCE10 usually worked the second-floor rehabilitation unit from 1 1:00 p.m. until 7:00 a.m. The whole facility needed more staff. A typical night on the Rehabilitation unit had only 2 CNAs and 1-2 nurses to care for 40-60 residents. 13. When BCE l0 was hired, she made $12.80/hour and was eventually bumped "insulting." up to $13.75/hour. Currently she is making $14/hour but even that amount is There are many agency staff being used in the building and they get paid $21-25/hour to do the same job as her. Often, agency staff members are scheduled to work, but fail to show - 3 - 3 of 5 FILED: NEW YORK COUNTY CLERK 06/28/2023 12:56 PM INDEX NO. 451549/2023 NYSCEF DOC. NO. 38 RECEIVED NYSCEF: 06/28/2023 members' up. BCE10 thinks the facility leaves the agency staff names on schedules so that well-staffed." the facility "look[s] 14. Agency staff who do show up often leave when they see how short-staffed the facility is; they refuse to work that short. But even those who do choose to stay often refuse to do certain tasks, leaving more work for the in-house staff. On weekends, there is no staff at all. If she does not come in and work on a Sunday, she is positive that there is no CNA at all for the 2nd floor. She is unable to get any residents up and out of bed on her shift if they are care-planned for a two-person assist. And it is impossible to complete care for everyone most of the time, as they are always working short staffed. BCE11: Housekeeper - Staff Shortages and their Duties Nursing Performing 15. On October 21, 2021, I interviewed housekeeper BCEl l. BCE11 has worked full time at Buffalo Center since 1984 as a Housekeeper. She works five days a week, but those days change. She is stationed on the 4th floor of the facility. "some" 16. Staffing has not improved since May 2021. Buffalo Center did short" hiring in housekeeping but everyone in all departments is still "working (short short," staffed). Weekends are "really especially for CNAs and nurses. Even outside of weekends, the facility always seems short staffed for CNAs. 17. Within the two months prior to my interview of BCEl 1, there were at least two to three weekend days when she was the only worker on the 4th floor by herself at the 4th start of her shift. In other words, there were no CNAs or nurses on the flOOr in those instances. BCE11 did not know where the overnight shift was but she-a housekeeper residents' without any aide or nursing training-had to cover the nurse's station and answer call bells. During those instances, two CNAs came in around 8:00 a.m., and the nurse did not show up on the floor until sometime after 9:00 a.m. BCE4: CNA - Falsification of Training Record 18. On May 20, 2022, I interviewed CNA BCE4. She reviewed an "In-Service Record" "F725." Attendance from Buffalo Center dated June 19, 2021, regarding the topic - 4 - 4 of 5 FILED: NEW YORK COUNTY CLERK 06/28/2023 12:56 PM INDEX NO. 451549/2023 NYSCEF DOC. NO. 38 RECEIVED NYSCEF: 06/28/2023 Her name and signature appeared on that form, but she did not print or sign her name to the form. Nor was she working at Buffalo Center on that date. WHEREFORE, based upon the foregoing, I respectfully request that the Court grant the relief described in the Petition and Motion for Injunctive Relief. ( BtATI 'N I Sworn to before me this day ())(.L/ 2023 o( Milagro Ferrer Notary Public, State of NanYork Co· rit d in Erie My Commission Expires 2 2 Nota ubli - 5 - 5 of 5