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 06:09 PM INDEX NO. 451549/2023
NYSCEF DOC. NO. 639 RECEIVED NYSCEF: 06/28/2023
In the Matter of an Investigation Pursuant to
N.Y. Exec. Law § 63(12) re: BETH
ABRAHAM CENTER FOR AFFIDAVIT OF
REHABILITATION AND NURSING CARRIE CRAFT
......................................................
.................................................................................................................................
..
STATE OF NEW YORK )
) ss.:
COUNTY OF BRONX )
Carrie Craft, being duly swom, attests as follows:
1. I am 78 years old and reside in Bronx County, New York.
2. I am currently retired after working as a bookkeeper for over 34 years for a freight
forwarding company.
3. I submit this affidavit in connection with the New York Attorney General's
investigation into Beth Abraham Center for Rehabilitation and Nursing ("Beth Abraham") and set
forth below my experiences and observations while caring for and speaking with my life-long
friend, M.R., while she was as a resident of Beth Abraham, a nursing home located at 612 Allerton
Avenue Bronx, New York 10467.
4. M.R. was bom in 1946, and resided at Beth Abraham from 2018 through December
24, 2019, when I and her family arranged to have her transferred to a different facility.
5. Before her admission to Beth Abraham, M.R. had previously worked as a social
worker and a home attendant. She enjoyed being outdoors and listening to soul music. She was
especially fond of spending time with family and friends.
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FILED: NEW YORK COUNTY CLERK 06/28/2023 06:09 PM INDEX NO. 451549/2023
NYSCEF DOC. NO. 639 RECEIVED NYSCEF: 06/28/2023
6. Although M.R. and I were not related by blood, we called each other sisters; we
became close friends in 1964 after we both moved from the South to New York City to find work,
and we remained close until her death in 2020.
7. M.R. was admitted to Beth Abraham after suffering a stroke, which left her with
dementia and cognitive impairment.
8. I would typically visit her every day for a number of hours in the aftemoon when
she was a resident of Beth Abraham.
9. When exiting the elevator on her floor, I always noticed a strong smell of urine on
that floor.
10. M.R. often appeared dirty; her hair wasn't cleaned or combed, and her clothes and
diaper were often soiled. On a number of occasions, I noticed that urine had soaked through her
diaper to her clothes.
11. During my visits, I also noticed that she had more and more chipped teeth and she
was losing teeth as well. Beth Abraham staff could not explain why that was occurring.
12. In the spring of 2019, I observed that one of M.R.'s fingers was bent and bandaged,
when I asked the staff what had happened, I was told that she broke it in her wheelchair.
residents'
13. I also observed that the staff on M.R.'s floor were inattentive to the other
needs; when the residents would verbally call out for assistance, the staff would often walk away
as if they did not hear those calls.
14. In the spring-summer of2019, I, and other family members, noticed a terrible smell
coming from M.R.'s body during a visit. She had a sock covering her left foot. We thought she
was wearing the sock to protect her foot because she had a habit of kicking her feet against objects.
When we removed the sock we were shocked. Her left toes were very dark, black in color, and
2
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FILED: NEW YORK COUNTY CLERK 06/28/2023 06:09 PM INDEX NO. 451549/2023
NYSCEF DOC. NO. 639 RECEIVED NYSCEF: 06/28/2023
smelled terrible. I asked a staff member what was going on with her toes and was told "the doctor
is working on it".
15. In late December 2019, M.R. was taken to Montefiore Hospital. A doctor at
Montefiore told me that they had to amputate a portion of her left leg due to gangrene.
16. While at Montefiore, I noticed that M.R. had sores on her buttocks, a nurse told me
way"
that she "came in this from Beth Abraham.
17. When M.R. was ready to be discharged from Montefiore, her family members and
I did not want her to go back to Beth Abraham. We had her admitted to a different facility.
CARRIE CRAFT
Swom to befo me this
^
o ofS 2022
day
Notary Public, State of New York
No. 2
Qualified in
4 ou y
Commission Expires: 3 2dj
-!
EDWARD JAMES FERRITY
NOTARY PUBLIC. STATE OF NEW YORK
Registration No. 02FE6342647
Qualified in Nassau County
Commission Expires May 23.2024
3
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FILED: NEW YORK COUNTY CLERK 06/28/2023 06:09 PM INDEX NO. 451549/2023
NYSCEF DOC. NO. 639 RECEIVED NYSCEF: 06/28/2023
CERTIFICATION PURSUANT TO RULE 202.8-b
I, Todd Pettigrew, an attorney duly admitted to practice law before the Courts of the
State of New York, hereby certify that this Affidavit of Carrie Craft complies with the word
count limit set forth in Rule 202.8-b as it contains 605 words, excluding the parts of the Affidavit
explicitly exempted by Rule. In preparing this certification, I have relied on the word count of
the word processing sy stem used to prepare this Affidavit.
Dated: Pearl River, New York
May 22, 2023
Respectfully submitted,
Letitia James
Attorney General of the State of New York
By:
T d w
Special Assistant Attorney General
Office of the Attorney General
Medicaid Fraud Control Unit
10"2
One Blue Hill Plaza, Floor
Pearl River, NY 10965
todd.pettigrew@ag.ny.gov
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Document Filed Date
June 28, 2023
Case Filing Date
June 28, 2023
Category
Commercial - Other - Commercial Division
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Preview
FILED: NEW YORK COUNTY CLERK 06/28/2023 06:09 PM INDEX NO. 451549/2023 NYSCEF DOC. NO. 639 RECEIVED NYSCEF: 06/28/2023 In the Matter of an Investigation Pursuant to N.Y. Exec. Law § 63(12) re: BETH ABRAHAM CENTER FOR AFFIDAVIT OF REHABILITATION AND NURSING CARRIE CRAFT ...................................................... ................................................................................................................................. .. STATE OF NEW YORK ) ) ss.: COUNTY OF BRONX ) Carrie Craft, being duly swom, attests as follows: 1. I am 78 years old and reside in Bronx County, New York. 2. I am currently retired after working as a bookkeeper for over 34 years for a freight forwarding company. 3. I submit this affidavit in connection with the New York Attorney General's investigation into Beth Abraham Center for Rehabilitation and Nursing ("Beth Abraham") and set forth below my experiences and observations while caring for and speaking with my life-long friend, M.R., while she was as a resident of Beth Abraham, a nursing home located at 612 Allerton Avenue Bronx, New York 10467. 4. M.R. was bom in 1946, and resided at Beth Abraham from 2018 through December 24, 2019, when I and her family arranged to have her transferred to a different facility. 5. Before her admission to Beth Abraham, M.R. had previously worked as a social worker and a home attendant. She enjoyed being outdoors and listening to soul music. She was especially fond of spending time with family and friends. 1 of 4 FILED: NEW YORK COUNTY CLERK 06/28/2023 06:09 PM INDEX NO. 451549/2023 NYSCEF DOC. NO. 639 RECEIVED NYSCEF: 06/28/2023 6. Although M.R. and I were not related by blood, we called each other sisters; we became close friends in 1964 after we both moved from the South to New York City to find work, and we remained close until her death in 2020. 7. M.R. was admitted to Beth Abraham after suffering a stroke, which left her with dementia and cognitive impairment. 8. I would typically visit her every day for a number of hours in the aftemoon when she was a resident of Beth Abraham. 9. When exiting the elevator on her floor, I always noticed a strong smell of urine on that floor. 10. M.R. often appeared dirty; her hair wasn't cleaned or combed, and her clothes and diaper were often soiled. On a number of occasions, I noticed that urine had soaked through her diaper to her clothes. 11. During my visits, I also noticed that she had more and more chipped teeth and she was losing teeth as well. Beth Abraham staff could not explain why that was occurring. 12. In the spring of 2019, I observed that one of M.R.'s fingers was bent and bandaged, when I asked the staff what had happened, I was told that she broke it in her wheelchair. residents' 13. I also observed that the staff on M.R.'s floor were inattentive to the other needs; when the residents would verbally call out for assistance, the staff would often walk away as if they did not hear those calls. 14. In the spring-summer of2019, I, and other family members, noticed a terrible smell coming from M.R.'s body during a visit. She had a sock covering her left foot. We thought she was wearing the sock to protect her foot because she had a habit of kicking her feet against objects. When we removed the sock we were shocked. Her left toes were very dark, black in color, and 2 2 of 4 FILED: NEW YORK COUNTY CLERK 06/28/2023 06:09 PM INDEX NO. 451549/2023 NYSCEF DOC. NO. 639 RECEIVED NYSCEF: 06/28/2023 smelled terrible. I asked a staff member what was going on with her toes and was told "the doctor is working on it". 15. In late December 2019, M.R. was taken to Montefiore Hospital. A doctor at Montefiore told me that they had to amputate a portion of her left leg due to gangrene. 16. While at Montefiore, I noticed that M.R. had sores on her buttocks, a nurse told me way" that she "came in this from Beth Abraham. 17. When M.R. was ready to be discharged from Montefiore, her family members and I did not want her to go back to Beth Abraham. We had her admitted to a different facility. CARRIE CRAFT Swom to befo me this ^ o ofS 2022 day Notary Public, State of New York No. 2 Qualified in 4 ou y Commission Expires: 3 2dj -! EDWARD JAMES FERRITY NOTARY PUBLIC. STATE OF NEW YORK Registration No. 02FE6342647 Qualified in Nassau County Commission Expires May 23.2024 3 3 of 4 FILED: NEW YORK COUNTY CLERK 06/28/2023 06:09 PM INDEX NO. 451549/2023 NYSCEF DOC. NO. 639 RECEIVED NYSCEF: 06/28/2023 CERTIFICATION PURSUANT TO RULE 202.8-b I, Todd Pettigrew, an attorney duly admitted to practice law before the Courts of the State of New York, hereby certify that this Affidavit of Carrie Craft complies with the word count limit set forth in Rule 202.8-b as it contains 605 words, excluding the parts of the Affidavit explicitly exempted by Rule. In preparing this certification, I have relied on the word count of the word processing sy stem used to prepare this Affidavit. Dated: Pearl River, New York May 22, 2023 Respectfully submitted, Letitia James Attorney General of the State of New York By: T d w Special Assistant Attorney General Office of the Attorney General Medicaid Fraud Control Unit 10"2 One Blue Hill Plaza, Floor Pearl River, NY 10965 todd.pettigrew@ag.ny.gov 4 of 4