On June 28, 2023 a
Exhibit,Appendix
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 05:39 PM INDEX NO. 451549/2023
NYSCEF DOC. NO. 542 RECEIVED NYSCEF: 06/28/2023
PETTIGREW EXHIBIT 106
CONFIDENTIAL INDEX NO. 451549/2023
FILED: NEW YORK COUNTY CLERK 06/28/2023 05:39 PM
NYSCEF DOC. NO. 542 RECEIVED NYSCEF: 06/28/2023
To: Kenneth Rozenberg[krozenberg@centershealthcare.org]; Daryl Hagler[dhagler@centershealthcare.org]
From: Amir Abramchik
Sent: Sun 04/19/2020 7:22:17 PM UTC
Subject: FW: [EXTERNAL]NYSHFA/NYSCAL Press Statement & Updated Fatality Data
Received: Sun 04/19/2020 7:22:19 PM UTC
df
Amir Abramchik, LNHA
Chief Operating Officer
Centers Health Care
4770 White Plains Road
Bronx, NY 10470
T 718 931 9700 ext 170
www.centershealthcare.com
Vendm_Gifthq
CENTERS
HEALTH
CARE
s ema n emer with attm±me e
confident a d ntended w on
GCp ant(S) r arned above and may co a fi information lat p d OUhEM
eceiwMd 8 ema n erro x are not a named nacip ent(S you are he notiifilestha
any uset d ssernination d stribut )n or Spying of Mis emai any attachinents iS stricth
prohibite P ease immed ately not e Sender at am cantershealthcare org ant
debatethis emaii) and any attachments trom ym r computer ou Shwk not retah
contents to a person Thank ym
From: Stephen B. Hanse [mailto:shanse@nyshfa.org]
Sent: Sunday, April 19, 2020 3:15 PM
To: Amir Abramchik
Subject: [EXTERNAL]NYSHFA/NYSCAL Press Statement & Updated Fatality Data
Importance: High
This message was sent from outside the company. Please do not click links, open attachments, or send sensitive information until you verify the
authenticity of this email (by ce!Iing the sender directly) or you know that the content is safe.
Attached, for your information, is a press statement issued by NYSHFA/NYSCAL today together with the State's updated list of
SNF/ACF COVID-19 facility specific fatality data as of 4/18.
Thank you.
Stephen
STEPHEN B. HANSE, ESQ.
President & CEO
NYS Health Facilities Association
NYS Center for Assisted Living
33 Elk Street, Suite 300 | Albany, NY 12207
Phone: 518.462.4800, ext. 11
Cell: 518.312.9777
Fax: 518.426.4051
W_WWJ1y_S}1faArg
HOLLISWOOD0005568
CONFIDENTIAL
FILED: NEW YORK COUNTY CLERK 06/28/2023 05:39 PM INDEX NO. 451549/2023
NYSCEF DOC. NO. 542 RECEIVED NYSCEF: 06/28/2023
NYSHFA | NYSCAL
FOR IMMEDIATE RELEASE: April 19, 2020
Contact: Stephen Hanse, 518-312-9777
NYS Health Facilities Association Issues Statement
on COVID-19 Pandemic in
Long Term Care Facilities
Albany, New York - Stephen Hanse, President and CEO of the New York State Health Facilities Association and
the New York State Center for Assisted Living (NYSHFA/NYSCAL) issued the following statement in response to
rising number of COVID-19 outbreaks and fatalities in New York's nursing homes and assisted living
communities:
"We continueto be deeply concerned about the high mortality rate and how widespread COVID-19 has become in
long-term care facilities. From the onset of this pandemic, nursing homes and assisted living providers have been
the proverbial canary in the coal mine as to the devastation this virus can impose, and we must receive priority
status for assistance with staffing, PPE shortages and testing to protect our residents and staff.
"The figures released today confirm what we have been saying all along - that nursing homes and assisted living
providers care for the most vulnerable in our communities and must be a top priority for assistance.
"Outbreaks of COVID-19 are not the result of inattentiveness or shortcomings in our facilities. The very nature of
long-term care is a high touch environment where social distancing is not an option in providing care. Staff are
hands-on helping residents with bathing, dressing, eating and other personal daily needs.
"Three things are critical - skilled
nursing and assisted facilities be designated as top priorities for staffing
PPE and COVID-19 - to safeguard our most vulnerable citizens and the men and women who
assistance, testing
provide essential care.
of Health's March 25*
"The State must also modify the Department Advisory requiring nursing homes to admit
medically stable hospital patients with a confirmed or suspected diagnosis of COVID-19 to apply only in those
exigent circumstances where the referring hospital is experiencing an overcapacity surge situation.
homes and assisted living providers have been informing designated members of positive COVID-
"Nursing family
19 tests and the presence of COVID-19 in buildings throughout this pandemic. Moreover, providers have
continually submitted COVID-19 information to state and local health departments.
"Skilled nursing and assisted living facilities are highly regulated by the government and almost 80% of residents in
nursing homes rely on State Medicaid to ensure their care. As such, the State must maintain current Medicaid
funding levels for these essential providers and provide additional needed financial resources to address the
unprecedented costs of this pandemic.
###
33 ELK STREET - SUITE 300 | ALBANY, NEW YORK 12207 | PH: 518.462.4800 | FAX: 518.426.4051
HOLLISWOOD0005569
CONFIDENTIAL
FILED: NEW YORK COUNTY CLERK 06/28/2023 05:39 PM INDEX NO. 451549/2023
NYSCEF DOC. NO. 542 RECEIVED NYSCEF: 06/28/2023
Deaths: Individual Nursing Hornes
Resident
BronxCare Special Care Center Bronx 7
Split Rock Rehabilitation and Health Care Center Bronx 8
East Haven Nursing & Rehabilitation Center Bronx 12
St Vincent Depaul Residence Bronx 13
Bronx Gardens Rehabilitation and Nursing Center Bronx 17
St Patricks Home Bronx 16
Bronx Center for Rehabilitation & Health Care Bronx 18
The Plaza Rehab and Nursing Center Bronx 35
Kings Harbor Multicare Center Bronx 45
Femcliff Nursing Home Co Inc Dutchess 6
Buffalo Center for Rehabilitation and Nursing Erie 6
Father Baker Manor Erie 9
Harris Hill Nursing Facility, LLC Erie 9
Garden Gate Health Care Facility Erie 12
Downtown Brooklyn Nursing & Rehabilitation Center Kings 6
Haym Solomon Home for the Aged Kings 6
Oxford Nursing Home Kings 7
Seagate Rehabilitation and Nursing Center Kings 7
Sea Crest Nursing and Rehabilitation Center Kings 8
Shore View Nursing & Rehabilitation Center Kings 14
Dr Susan Smith Mckinney Nursing and Rehabilitation Center Kings 17
Bensonburst Center for Rehabilitation and Healthcare Kings 34
Cobble Hill Health Center, Inc Kings 55
St Johns Health Care Corporation Monroe 8
A Holly Patterson Extended Care Facility Nassau 6
Excel at Woodbury Nassau 6
Lynbrook Restorative Therapy and Nursing Nassau 8
Glen Cove Center for Nursing and Rehabilitation Nassau 8
Hempstead Park Nursing Home Nassau 8
Townhouse Center for Rehabilitation & Nursing Nassau 8
Highfield Gardens Care Center of Great Neck Nassau 13
The Grand Rehabilitation and Nursing at Great Neck Nassau 14
White Oaks Rehabilitation and Nursing Center Nassau 15
Sunharbor Manor Nassau 16
Central Island Healthcare Nassau 19
Long Beach Nursing and Rehabilitation Center Nassau 22
New Gouverneur Hospital SNF New York 6
Northem Manhattan Rehabilitation and Nursing Center New York 9
Isabella Geriatric Center Inc New York 13
Terence Cardinal Cooke Health Care Center New York 20
The New Jewish Home, Manhattan New York 23
The Riverside New York 22
Mary Manning Walsh Nursing Home Co Inc New York 32
Montgomery Nursing and Rehabilitation Center Orange 10
HOLLISWOOD0005570
CONFIDENTIAL
FILED: NEW YORK COUNTY CLERK 06/28/2023 05:39 PM INDEX NO. 451549/2023
NYSCEF DOC. NO. 542 RECEIVED NYSCEF: 06/28/2023
The Valley View Center for Nursing Care and Rehabilitation Orange 24
Putnam Nursing & Rehabilitation Center Putnam 7
Elmhurst Care Center Queens 6
Rego Park Nursing Home Queens 6
The Grand Rehabilitation and Nursing at Queens Queens 6
Dry Harbor Nursing Home Queens 10
Ozanam Hall of Queens Nursing Home Inc Queens 9
Caring Family Nursing and Rehabilitation Center Queens 10
Cliffside Rehabilitation & Residential Health Care Center Queens 14
Sapphire Center for Rehabilitation and Nursing of Central Queens, LI Queens 26
Parker Jewish Institute for Health Care & Rehab Queens 42
Holliswood Center for Rehabilitation and Healthcare Queens 42
Franklin Center for Rehabilitation and Nursing Queens 44
Carmel Richmond Healthcare and Rehabilitation Center Richmond 45
Gurwin Jewish Nursing and Rehabilitation Center Suffolk 6
Luxor Nursing and Rehabilitation at Sayville Suffolk 6
Peconic Landing at Southold Suffolk 6
Good Samaritan Nursing and Rehabilitation Care Center Suffolk 12
Island Nursing and Rehab Center Suffolk 10
Our Lady of Consolation Nursing and Rehabilitative Care Center Suffolk 15
Luxor Nursing and Rehabilitation at Mills Pond Suffolk 22
Apex Rehabilitation & Care Center Suffolk 27
Carillon Nursing and Rehabilitation Center Suffolk 30
Westchester Center for Rehabilitation & Nursing Westchester 6
North Westchester Restorative Therapy and Nursing Center Westchester 7
Martine Center for Rehabilitation and Nursing Westchester 11
St Cabrini Nursing Home Westchester 13
The New Jewish Home, Sarah Neuman Westchester 14
The Wartburg Home Westchester 26
Regency Extended Care Center Westchester 30
Note: Deaths reported as of 4/18. Some nursing homes include presumed COVID-19 deaths as well as
confirmed COVID-19 deaths. Future updates will separate the categories. Any nursing homes reporting
fewer than 5 deaths were excluded for privacy purposes.
HOLLISWOOD0005571
CONFIDENTIAL
FILED: NEW YORK COUNTY CLERK 06/28/2023 05:39 PM INDEX NO. 451549/2023
NYSCEF DOC. NO. 542 RECEIVED NYSCEF: 06/28/2023
Deaths: Individual Adult Care Facilities
Resident
Deaths in
the Adult
Care
Atria Park of Great Neck Nassau 7
Sunrise of Smithtown Suffolk 7
Babylon Beach House Home for Adults Suffolk 7
Sunrise of Dix Hills Suffolk 8
Note: Deaths reported as of 4/18. Some adult care facilities include presumed COVID-19 deaths
as well as confirmed COVID-19 deaths. Future updates will separate the cateogories. Any adult
care facilities reporting fewer than 5 deaths were excluded for privacy purposes. ¡
HOLLISWOOD0005572
Document Filed Date
June 28, 2023
Case Filing Date
June 28, 2023
Category
Commercial - Other - Commercial Division
For full print and download access, please subscribe at https://www.trellis.law/.
Preview
FILED: NEW YORK COUNTY CLERK 06/28/2023 05:39 PM INDEX NO. 451549/2023 NYSCEF DOC. NO. 542 RECEIVED NYSCEF: 06/28/2023 PETTIGREW EXHIBIT 106 CONFIDENTIAL INDEX NO. 451549/2023 FILED: NEW YORK COUNTY CLERK 06/28/2023 05:39 PM NYSCEF DOC. NO. 542 RECEIVED NYSCEF: 06/28/2023 To: Kenneth Rozenberg[krozenberg@centershealthcare.org]; Daryl Hagler[dhagler@centershealthcare.org] From: Amir Abramchik Sent: Sun 04/19/2020 7:22:17 PM UTC Subject: FW: [EXTERNAL]NYSHFA/NYSCAL Press Statement & Updated Fatality Data Received: Sun 04/19/2020 7:22:19 PM UTC df Amir Abramchik, LNHA Chief Operating Officer Centers Health Care 4770 White Plains Road Bronx, NY 10470 T 718 931 9700 ext 170 www.centershealthcare.com Vendm_Gifthq CENTERS HEALTH CARE s ema n emer with attm±me e confident a d ntended w on GCp ant(S) r arned above and may co a fi information lat p d OUhEM eceiwMd 8 ema n erro x are not a named nacip ent(S you are he notiifilestha any uset d ssernination d stribut )n or Spying of Mis emai any attachinents iS stricth prohibite P ease immed ately not e Sender at am cantershealthcare org ant debatethis emaii) and any attachments trom ym r computer ou Shwk not retah contents to a person Thank ym From: Stephen B. Hanse [mailto:shanse@nyshfa.org] Sent: Sunday, April 19, 2020 3:15 PM To: Amir Abramchik Subject: [EXTERNAL]NYSHFA/NYSCAL Press Statement & Updated Fatality Data Importance: High This message was sent from outside the company. Please do not click links, open attachments, or send sensitive information until you verify the authenticity of this email (by ce!Iing the sender directly) or you know that the content is safe. Attached, for your information, is a press statement issued by NYSHFA/NYSCAL today together with the State's updated list of SNF/ACF COVID-19 facility specific fatality data as of 4/18. Thank you. Stephen STEPHEN B. HANSE, ESQ. President & CEO NYS Health Facilities Association NYS Center for Assisted Living 33 Elk Street, Suite 300 | Albany, NY 12207 Phone: 518.462.4800, ext. 11 Cell: 518.312.9777 Fax: 518.426.4051 W_WWJ1y_S}1faArg HOLLISWOOD0005568 CONFIDENTIAL FILED: NEW YORK COUNTY CLERK 06/28/2023 05:39 PM INDEX NO. 451549/2023 NYSCEF DOC. NO. 542 RECEIVED NYSCEF: 06/28/2023 NYSHFA | NYSCAL FOR IMMEDIATE RELEASE: April 19, 2020 Contact: Stephen Hanse, 518-312-9777 NYS Health Facilities Association Issues Statement on COVID-19 Pandemic in Long Term Care Facilities Albany, New York - Stephen Hanse, President and CEO of the New York State Health Facilities Association and the New York State Center for Assisted Living (NYSHFA/NYSCAL) issued the following statement in response to rising number of COVID-19 outbreaks and fatalities in New York's nursing homes and assisted living communities: "We continueto be deeply concerned about the high mortality rate and how widespread COVID-19 has become in long-term care facilities. From the onset of this pandemic, nursing homes and assisted living providers have been the proverbial canary in the coal mine as to the devastation this virus can impose, and we must receive priority status for assistance with staffing, PPE shortages and testing to protect our residents and staff. "The figures released today confirm what we have been saying all along - that nursing homes and assisted living providers care for the most vulnerable in our communities and must be a top priority for assistance. "Outbreaks of COVID-19 are not the result of inattentiveness or shortcomings in our facilities. The very nature of long-term care is a high touch environment where social distancing is not an option in providing care. Staff are hands-on helping residents with bathing, dressing, eating and other personal daily needs. "Three things are critical - skilled nursing and assisted facilities be designated as top priorities for staffing PPE and COVID-19 - to safeguard our most vulnerable citizens and the men and women who assistance, testing provide essential care. of Health's March 25* "The State must also modify the Department Advisory requiring nursing homes to admit medically stable hospital patients with a confirmed or suspected diagnosis of COVID-19 to apply only in those exigent circumstances where the referring hospital is experiencing an overcapacity surge situation. homes and assisted living providers have been informing designated members of positive COVID- "Nursing family 19 tests and the presence of COVID-19 in buildings throughout this pandemic. Moreover, providers have continually submitted COVID-19 information to state and local health departments. "Skilled nursing and assisted living facilities are highly regulated by the government and almost 80% of residents in nursing homes rely on State Medicaid to ensure their care. As such, the State must maintain current Medicaid funding levels for these essential providers and provide additional needed financial resources to address the unprecedented costs of this pandemic. ### 33 ELK STREET - SUITE 300 | ALBANY, NEW YORK 12207 | PH: 518.462.4800 | FAX: 518.426.4051 HOLLISWOOD0005569 CONFIDENTIAL FILED: NEW YORK COUNTY CLERK 06/28/2023 05:39 PM INDEX NO. 451549/2023 NYSCEF DOC. NO. 542 RECEIVED NYSCEF: 06/28/2023 Deaths: Individual Nursing Hornes Resident BronxCare Special Care Center Bronx 7 Split Rock Rehabilitation and Health Care Center Bronx 8 East Haven Nursing & Rehabilitation Center Bronx 12 St Vincent Depaul Residence Bronx 13 Bronx Gardens Rehabilitation and Nursing Center Bronx 17 St Patricks Home Bronx 16 Bronx Center for Rehabilitation & Health Care Bronx 18 The Plaza Rehab and Nursing Center Bronx 35 Kings Harbor Multicare Center Bronx 45 Femcliff Nursing Home Co Inc Dutchess 6 Buffalo Center for Rehabilitation and Nursing Erie 6 Father Baker Manor Erie 9 Harris Hill Nursing Facility, LLC Erie 9 Garden Gate Health Care Facility Erie 12 Downtown Brooklyn Nursing & Rehabilitation Center Kings 6 Haym Solomon Home for the Aged Kings 6 Oxford Nursing Home Kings 7 Seagate Rehabilitation and Nursing Center Kings 7 Sea Crest Nursing and Rehabilitation Center Kings 8 Shore View Nursing & Rehabilitation Center Kings 14 Dr Susan Smith Mckinney Nursing and Rehabilitation Center Kings 17 Bensonburst Center for Rehabilitation and Healthcare Kings 34 Cobble Hill Health Center, Inc Kings 55 St Johns Health Care Corporation Monroe 8 A Holly Patterson Extended Care Facility Nassau 6 Excel at Woodbury Nassau 6 Lynbrook Restorative Therapy and Nursing Nassau 8 Glen Cove Center for Nursing and Rehabilitation Nassau 8 Hempstead Park Nursing Home Nassau 8 Townhouse Center for Rehabilitation & Nursing Nassau 8 Highfield Gardens Care Center of Great Neck Nassau 13 The Grand Rehabilitation and Nursing at Great Neck Nassau 14 White Oaks Rehabilitation and Nursing Center Nassau 15 Sunharbor Manor Nassau 16 Central Island Healthcare Nassau 19 Long Beach Nursing and Rehabilitation Center Nassau 22 New Gouverneur Hospital SNF New York 6 Northem Manhattan Rehabilitation and Nursing Center New York 9 Isabella Geriatric Center Inc New York 13 Terence Cardinal Cooke Health Care Center New York 20 The New Jewish Home, Manhattan New York 23 The Riverside New York 22 Mary Manning Walsh Nursing Home Co Inc New York 32 Montgomery Nursing and Rehabilitation Center Orange 10 HOLLISWOOD0005570 CONFIDENTIAL FILED: NEW YORK COUNTY CLERK 06/28/2023 05:39 PM INDEX NO. 451549/2023 NYSCEF DOC. NO. 542 RECEIVED NYSCEF: 06/28/2023 The Valley View Center for Nursing Care and Rehabilitation Orange 24 Putnam Nursing & Rehabilitation Center Putnam 7 Elmhurst Care Center Queens 6 Rego Park Nursing Home Queens 6 The Grand Rehabilitation and Nursing at Queens Queens 6 Dry Harbor Nursing Home Queens 10 Ozanam Hall of Queens Nursing Home Inc Queens 9 Caring Family Nursing and Rehabilitation Center Queens 10 Cliffside Rehabilitation & Residential Health Care Center Queens 14 Sapphire Center for Rehabilitation and Nursing of Central Queens, LI Queens 26 Parker Jewish Institute for Health Care & Rehab Queens 42 Holliswood Center for Rehabilitation and Healthcare Queens 42 Franklin Center for Rehabilitation and Nursing Queens 44 Carmel Richmond Healthcare and Rehabilitation Center Richmond 45 Gurwin Jewish Nursing and Rehabilitation Center Suffolk 6 Luxor Nursing and Rehabilitation at Sayville Suffolk 6 Peconic Landing at Southold Suffolk 6 Good Samaritan Nursing and Rehabilitation Care Center Suffolk 12 Island Nursing and Rehab Center Suffolk 10 Our Lady of Consolation Nursing and Rehabilitative Care Center Suffolk 15 Luxor Nursing and Rehabilitation at Mills Pond Suffolk 22 Apex Rehabilitation & Care Center Suffolk 27 Carillon Nursing and Rehabilitation Center Suffolk 30 Westchester Center for Rehabilitation & Nursing Westchester 6 North Westchester Restorative Therapy and Nursing Center Westchester 7 Martine Center for Rehabilitation and Nursing Westchester 11 St Cabrini Nursing Home Westchester 13 The New Jewish Home, Sarah Neuman Westchester 14 The Wartburg Home Westchester 26 Regency Extended Care Center Westchester 30 Note: Deaths reported as of 4/18. Some nursing homes include presumed COVID-19 deaths as well as confirmed COVID-19 deaths. Future updates will separate the categories. Any nursing homes reporting fewer than 5 deaths were excluded for privacy purposes. HOLLISWOOD0005571 CONFIDENTIAL FILED: NEW YORK COUNTY CLERK 06/28/2023 05:39 PM INDEX NO. 451549/2023 NYSCEF DOC. NO. 542 RECEIVED NYSCEF: 06/28/2023 Deaths: Individual Adult Care Facilities Resident Deaths in the Adult Care Atria Park of Great Neck Nassau 7 Sunrise of Smithtown Suffolk 7 Babylon Beach House Home for Adults Suffolk 7 Sunrise of Dix Hills Suffolk 8 Note: Deaths reported as of 4/18. Some adult care facilities include presumed COVID-19 deaths as well as confirmed COVID-19 deaths. Future updates will separate the cateogories. Any adult care facilities reporting fewer than 5 deaths were excluded for privacy purposes. ¡ HOLLISWOOD0005572