Update:According to this Eagle story the Appellate Division, to which SUNY appealed Justice Baynes’ TRO, has issued a temporary order preserving the status quo as of Friday, July 19 at 4:00 p.m. This means SUNY may take no further steps to transfer patients or shut down services. The Eagle quotes Gibson Dunn litigation partner and Brooklyn Heights resident Jim Walden as saying a revised filing to be made today (Tuesday, July 23) will “make it clear that the Department of Health acted illegally” in approving SUNY’s closure plan.
As promised, Public Advocate Bill de Blasio went to court today, and Justice Johnny Lee Baynes confirmed that, contrary to SUNY Downstate’s contention and actions over the weekend, the Temporary Restraining Order Justice Baynes issued Friday barring SUNY from shutting down Long Island College Hospital is in effect despite SUNY’s notice of intent to appeal, because staying the TRO would cause irreparable damage to LICH. Justice Baynes has ordered a hearing on the issue for this Thursday, July 25.
The Public Advocate is represented in this matter by the prominent law firm Gibson Dunn & Crutcher, who also successfully represented the Brooklyn Heights Association and other plaintiffs in the Tobacco Warehouse litigation. The Public Advocate’s website asks that “i]f anyone has any information relating to failed patient care or staff harassment, please contact lead counsel Jim Walden at firstname.lastname@example.org.”