Monthly Archives: September 2011

Jonathan Carey Case Settles for $5 Million

A New York Court of Claims judge has approved a $5 million settlement for two wrongful death cases arising from the tragic death of Jonathan Carey. On February 15, 2007, Jonathan, a 13-year old autistic boy, was asphyxiated and killed by his caregiver at OD Heck, a New York State facility for the disabled. Jonathan was in a van on a community outing with two OD Heck developmental aides.  An autopsy ruled the death a homicide, and both OPWDD employees — Edwin Tirado and Nadeem Mall — were convicted on criminal charges.

Jonathan’s parents brought a federal civil rights case again Tirado, Mall, and various supervisors at OD Heck, and a state case against the State of New York. The cases revealed that Tirado had a prior criminal record, and Mall had been fired four times for cause by agencies serving the disabled. The Carey’s noted that supervisors at OD Heck then permitted a visibly exhausted Tirado to work for 197 hours in the two weeks prior to the killing: 15 days in a row, including 14 night shifts and 10 double shifts.

“Our son Jonathan was a precious gift from the Lord, and we miss him every day,” said Michael and Lisa Carey, Jonathan’s parents. “Nothing can bring Jonathan back, but we hope his case will be a catalyst for further necessary reform to protect vulnerable, disabled children and adults.”

“This settlement brings some measure of accountability from the State of New York for this terrible tragedy, but much more must be done,” said the family’s lawyer, Ilann M. Maazel, of Emery Celli Brinckerhoff & Abady. “We remain deeply concerned about systemic problems plaguing New York State’s care for the disabled, and will continue to advocate for disabled people in State care until this system is dramatically reformed.”

Testimony on Seabrook’s Nonprofits Expected

Disgraced city Councilman Larry Seabrook’s mistress is set to spill the beans on his alleged control of the non-profits he showered with more than $1 million in council “slush” funds.  Read more in the New York Post.

For Adoptive Parents, Questions Without Answers

The New York Times explores concerns among adoptive parents in the United States after reports that government officials in Hunan Province, in southern China, had seized babies from their parents and sold them into what the article called “a lucrative black market in children.”

Couple Accused of Stealing $2.5 Mil from Nonprofit Preschools

Joanna Fan and her husband, Ziming Shen, have been accused of siphoning money more than $2.5 million in federal funds intended to provide nutritious lunches for children attending the nonprofit Red Apple Child Development Center preschool chain.   Read more in The New York Times.

Slain teen’s mom speaks to kids about gangs

Two years after Erica Boynton’s 15-year-old son was shot dead at a party one block from their Brentwood home, grief still drives her quest for answers and justice. In an effort to prevent others from experiencing the mourning from which she has no shelter, she is scheduled Thursday to appear at an assembly at South Middle School to kick off what she hopes will be a speaking tour at several Brentwood schools.  Read more in Newsday.

Head Of Cuomo-Founded Homeless Agency Resigns

As Gov. Andrew Cuomo’s administration probes oversized salaries for nonprofit executives whose organizations receive state funds, one group with a special relationship to the governor no longer has its highly paid chief executive – who is married to Cuomo’s cousin.  City Hall reports that Laurence Belinsky, the CEO and president of HELP USA, resigned from the homeless housing and services organization last month “to pursue private housing development.” Belinsky received more than $500,000 a year in compensation in 2008 and 2009, as the Wall Street Journal reported last week, but his family relationship to the governor has not been previously disclosed.

Judge Rules That New York City Can Discontinue Homeless Program

NEW YORK, Sept 13 (Reuters) – In a blow to advocates for New York City’s homeless poopulation, a Manhattan judge on Tuesday held that the city could terminate a program that offered rent subsidies to thousands of formerly homeless residents.

In a 21-page ruling, Supreme Court Justice Judith Gische ruled that the city and the Department of Homeless Services did not enter into binding contracts with recipients of the Advantage Program, which provides up to two years of rent subsidies to help New Yorkers transition from temporary emergency shelters.

“[N]o matter how laudable its goals, [the Advantage Program ] is nothing more than a social benefit program, which defendants had the right to terminate, based upon the lack of funding available for its continuation,” Gische wrote.

Earlier this year, the city announced that budget reductions would make it impossible to continue Advantage, which began in 2007.

On March 28, the Legal Aid Society sued on behalf of existing Advantage recipients to block the city from cutting the program, as it planned to do April 1.

In June, the Appellate Division, First Department, issued an order requiring the city to continue the payments to existing recipients.

Meanwhile, in a five-day trial before Justice Gische, the city argued that it had no legal obligation to make the payments.

NO INTENT TO BE CONTRACTUALLY BOUND

Justice Gische agreed.

“The defendants did not manifest an intent to be contractually bound to provide the benefits associated with the Advantage program,” she wrote.

But the First Department order means that the subsidies will continue unless the city moves to vacate that order.

Steve Banks, attorney-in-chief for Legal Aid, said in an interview that an appeal would be forthcoming from Legal Aid and Weil, Gotshal & Manges, which represented the recipients pro bono.

“This certainly seems like a case in which the city loses when it wins, since it will have to pay far more to shelter these families and individuals than by continuing to make the rental payments,” Banks said.

“We believe that the judge made the correct decision based upon the facts and the law,” said Corporation Counsel Michael Cardozo in a statement. “The Advantage Program is a social program and not a series of contracts entered into by the City.”

The case is Jasmine Zheng et al v. The City of New York et al, New York Supreme Court, No. 400806-2011.

For Jasmine Zheng et al: Steven Banks of The Legal Aid Society and Konrad Cailteux, Isabella Lacayo and Debra Dandeneau of Weil, Gotshal & Manges.

For New York City et al: Eric Rundbaken, David Cooperstein and Abigail Goldenberg of the New York City Law Department and Michele Ovesey of the Department of Homeless Services.

In Deal, Hundreds of Mentally Ill People Will Leave Confinement of Nursing Home

Hundreds of mentally ill people who have been confined to nursing homes, sometimes in prisonlike conditions, would move to apartments or other housing within three years under a legal settlement with New York State. Read more in The New York Times.

Former Hospital Chief Convicted of Offering Bribes

David P. Rosen, the former chief executive of MediSys Health Network, a nonprofit hospital chain, was convicted on Monday in a far-reaching scheme to pay bribes to three New York State legislators in return for beneficial treatment toward his health care organization.  Read more in The New York Times.

State Challenging Hospitals’ Tax Exemptions

Facing a budget deficit exceeding $11 billion, the State of Illinois in recent weeks has begun challenging the property tax exemptions of some of its best-known hospitals, saying they should pay more because they are not providing enough charity care.  Read more in The New York Times.