LIBERTY – A state Supreme Court judge has temporarily blocked Sullivan County from proceeding with the closure of the Care Center at Sunset Lake, a county-owned nursing home that houses dozens of residents.
Justice Kevin Bryant of the state Supreme Court in Ulster County signed a temporary restraining order prohibiting the county and its agents from continuing the closure process. The order came after residents, employees and family members filed a lawsuit challenging the county’s decision to close the facility.
Civil rights attorney Michael Sussman, who represents the petitioners, said the county Legislature did not properly authorize the closure and failed to comply with requirements governing the transition of residents and employees.
The petitioners allege that legislators voted 5-4 during an executive session in March to close the facility but that no record of the vote exists. The lawsuit also alleges that the public was not informed of the decision until the county announced the closure in August.
Sussman previously said the petitioners are seeking to keep the facility open until the county complies with state law and provides greater transparency about the decision.
The case was filed nine days before the restraining order was issued, but consideration of the request was delayed after five Sullivan County judges recused themselves. Bryant, an Ulster County justice, was assigned to the case Wednesday.
Bryant scheduled arguments for 2 p.m. Monday, Sept. 21.
The petitioners also allege that the county has failed to carry out critical portions of a state-approved closure and transition plan and that residents have been pressured to move to facilities that could be far from their families and support networks. The lawsuit further alleges that the county failed to comply with New York’s Worker Adjustment and Retraining Notification Act, which requires advance notice to affected workers in certain circumstances.
The county announced Aug. 19 that the Care Center at Sunset Lake, formerly known as the Sullivan County Adult Care Center, would close by the end of the year. County officials cited financial difficulties and the inability to transfer operations to Infinite Care, a consulting firm that had been involved with the facility.
At the time of the announcement, the facility had 93 long-term residents and 86 employees. The county said it would work with the state Department of Health and other nursing homes to find placements for residents and pledged that no resident would be left without a skilled-care option.
The facility, which has 146 beds, has faced financial and operational challenges for years. Infinite Care began managing operations in 2021 and later withdrew from efforts to become the facility’s licensed operator. The facility’s Medicare rating had also fallen to one star by August, according to the county’s website.
County officials have said the closure was necessary because taxpayers could no longer afford to sustain the facility amid rising costs, revenue losses and needed capital improvements. County officials have declined to comment on the lawsuit, citing the pending litigation.
The temporary restraining order does not resolve the underlying legal dispute. Bryant’s Sept. 21 hearing is expected to address the petitioners’ request for further relief.
A briefing for reporters was scheduled for noon Thursday at the Sullivan County Government Center.
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