End of LICH? Brooklyn Judge Rules Against NYSNA Nurses

By on September 30, 2014 3:14 pm in Brooklyn Heights

Mary Frost of the Brooklyn Eagle reported today that Brooklyn State Supreme Court Justice Johnny Lee Baynes “dismissed a lawsuit by the New York State Nurses Association (NYSNA) on Monday, allowing NYU-Langone to take over the walk-in emergency department at Long Island College Hospital (LICH) without rehiring LICH nurses.”

According to the Eagle, Baynes ruled that NYU is not obligated to give current Long Island College Hospital nurses first crack at staffing the walk-in center, even though NYU agreed to do so in backing the Fortis Property Group winning bid to take over LICH.

Justice Baynes wrote in his ruling that the commitment to rehire LICH nurses was not in the original Settlement Agreement made between NYSNA (and others) and SUNY, but only in Fortis’ proposal.

‘NYSNA was seeking to compel ‘non-parties to this proceeding, Fortis and NYU to take certain actions not provided for in the Settlement Agreement…,’ Baynes wrote.

‘The relief sought by NYSNA was never contemplated by the Settlement Agreement between the parties. Nor is NYSNA now seeking either injunctive relief, as stated by counsel for NYSNA on the record on September 18, 2014. NYSNA also does not claim, nor can it that it is a signatory to any contract between SUNY and Fortis nor a third-party beneficiary of any such contract. Frankly, it is unclear what it is that NYSNA seeks, and the instant application must fail procedurally and substantively,’ Baynes wrote.

The Eagle cited a Capital New York story that reported NYU would rejoin the deal if NYSNA’s lawsuit was dropped or dismissed. On Monday, it was dismissed, clearing the way for NYU to take full control of the shuttered hospital’s walk-in emergency department.

Twitter was crackling with condemnation of Judge Baynes’ decision.

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  • Doug Biviano

    That “coincidence” starts with Frank Seddio, Frank Carone and a corrupt Democratic County Party that tightly controls judge nominations (Carone worked for SUNY in closing LICH), runs through an election system, governor and mayor controlled by machines (Dem County Party and WFP), lobbyists (like Berlin Rosen and James Capalino) and developer money (like Fortis) and ends with a press that is utterly useless except for parroting press releases of elected officials, pushing legal notices for the courts and ads for the developers (in some cases the pressmen are the developers).

    We, of course, explained all this in the primary election. Until we elect candidates ready fight to protect voters, communities and our vital institutions the prognosis is the same. Bottom line is that we the people have been cut out of the most important governing decisions in our community.

  • Ex Oda Employee

    “Landmark” the LICH hospital so Fortis Kestenbaum cant demolish the building. Louis Kestenbaum has said that he plans to demolish the building.