Tuesday, June 17, 2014

SO, DO YOU GET IT NOW? Valley View decision





Some, not many, but some were wondering what the fuss was about Valley View. Aside from the “Emotional” reasons, you know, displacing people from their homes, quality of care and moral obligations, there was another reason looming large on the horizon: THE WAY IT WAS DONE IS ILLEGAL!!! (Don’t you worry nieces and nephews, Auntie will address Dane Pascocello’s comments in just a bit.)



The decision by Justice Slobod indicates that a super majority of two thirds of the legislature was required. How annoying for our County Executive!!! He has the OC Government Center project giving him a spot of trouble and now this.



The Dane said: “There is a historical standard in place that states Local Development Corporations are legally permitted to determine the long-term future of nursing homes, the purpose of this LDC was to explore options to ensure the sustainability of care at Valley View.”

Referencing the Ulster County nursing home Golden Hill, which was sold with a 51 percent majority of the Ulster County legislature the Dane said: “The Orange County Legislature voted with a 57 percent majority to do the same”.


From the decision:

“Legislative counsel states that resource was had to a “Legislative manual” (which is not submitted as an exhibit) and that pursuant to that manual a super majority vote is not required if the property is sold through an LDC. Any manual is by nature a secondary legal source consisting of a compilation of statues and regulations by the person preparing it and not determinative. Counsel also argues that Ulster County voted by a simple majority to sell its nursing home to an LDC. NO evidence is submitted in this regard either, but, again, the fact that Ulster County did so, if true is not determinative of the issue of law before the court either.”

So, Dane, if the arguments that the County put forth are soooo valid, then why didn’t the County submit the info to the Court? And just because Ulster was able to sell Golden Hill through an LDC with a simple majority, doesn’t mean that Orange County would be able to do so. (Maybe Ulster doesn’t have an Orange County Charter and Orange County Laws).


Indecision and poor leadership



Bad advice



Poor planning



Inadequate knowledge of job description; that is, powers and duties of the Executive Branch



Lack of legal knowledge and responsibility



Led to this:


 


 Kudos to Legislator Mike Anagnostakis and thank you for hanging in there! You are one of Auntie's favorite nephews!





9 Comments:

At June 17, 2014 at 6:10 PM , Anonymous Anonymous said...

And what the county spokesman fails to mention is that there was no lawsuit in Ulster. So the issue of the 2/3rds majority never became an issue there.

 
At June 17, 2014 at 8:29 PM , Anonymous Anonymous said...

Does that mean it was illegal there too but no one did anything about it?

 
At June 18, 2014 at 5:59 AM , Anonymous Anonymous said...

I keep reading the name Dain Pascocello as spokesperson for the CE. As this name now rings a bell with me, is this Dain person any relation to the former administrator who ran VV into the ground financially and refused to testify under oath? Isn't this person, William Pascocello also the same person involved in the Horace Nye Report uncovered by a former legislator. If so, why would our CE hire a person related to him??? Has anyone ever questioned Mr. Neuhaus on this. Perhaps Auntie could give us an answer as curious minds would like to know. Is this another form of deceit and corruption. I do not think VV residents deserve to suffer at the hands of people looking to make money off of their suffering. It is time they were allowed to have some form of security, after years of being threatened to lose their home. Mr. Sussman has been able to provide them with added hope and with this decision by Judge Slobod, justice has been served.

 
At June 18, 2014 at 6:31 AM , Anonymous Anonymous said...

Dain pascocello is the nephew of william pascocello. Interesting isn't it?

 
At June 18, 2014 at 8:25 AM , Anonymous Anonymous said...

The nephew???? How is this really possible. How could this CE openly insult and further demean his position and after all the negativity this name represents. This puts a whole new light on the situation. What I wonder does the legislators have to say about this, since this puts a definite spin on things. This is indeed very interesting.

 
At June 18, 2014 at 8:47 AM , Anonymous Anonymous said...

I have a feeling his insults have only just begun. I'm certain he isn't happy with the valley view decision & valley view will pay dearly I'm sure. There's a large payoff for this for whoever can pull off the sale. This is not just about a nursing home, it's about someone who wants that land & is willing to do an awful lot to get it. Why did the previous CE stay in it so long? Because of the payoff. It's huge! But who would want the land? Who? Maybe a group looking to put in high density housing. Valley view has it's own sewer system, & land up & down 17A that could potentially be developed.

 
At June 18, 2014 at 9:15 AM , Anonymous Anonymous said...

I agree, there is definitely something else in all of this and it usually is money! And the thought of high density housing, I guess it is not just Monroe's problem!

 
At June 18, 2014 at 12:51 PM , Anonymous Anonymous said...

Are you all saying that Steve is OBLIGATED to a certain village because of the OVERWHELMING number of votes he received from that village? That couldn't possibly be true... hahahahaha

 
At June 18, 2014 at 1:53 PM , Anonymous Anonymous said...

I think now the cat is out of the bag and has been for some time according to this. However, the taxpayers who our CE professes to be looking after their best interests and then in his statements on TWC interview, how in Hades is he going to explain this to the taxpayers who are already paying more than there share for a special interest group. The nursing home will cost nothing in comparison. I think he mentioned the home costs $10M per year. I would like the figures for the jail, college, OCGB, etc. and what is the actual breakdown to the taxpayers for each. I know a certain group elected him, but if what I am reading here is true (and I do believe the postings are accurate) I would not hesitate to relocate my family in a heart beat. My wife and I work hard enough as it is not to have to support a third world village. What a shame for the people in that nursing home and their families. Didn't know much about this CE but am sure learning plenty now on this blog.

 

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