Reps for owners of nursing home in Albion tell judge facility is well-run, no longer on ‘focus list’

File photo by Tom Rivers: The owners of The Villages of Orleans Health and Rehabilitation Center in Albion are accused by the state’s attorney general of inhumane conditions for some residents at the 120-bed facility on Route 31. In 2020 in the first year of the pandemic, 30 of the residents at The Villages died from Covid.

ALBION – The State Attorney General is seeking a preliminary injunction from a State Supreme Court judge to allow healthcare and financial monitors at The Village of Orleans Health and Rehabilitation Center, a 120-bed nursing home in Albion.

Maura O’Donnell and Jared Goldman, assistant attorneys general, presented their arguments in court today in Albion before Judge Frank Caruso. They told the judge that nursing home residents continue to receive substandard care that jeopardizes their health.

“These are human beings,” O’Donnell told Judge Caruso. “They deserve safe and dignified care.”

She said recent testimonials from residents and their families, as well as an investigator’s report, indicate some of the residents still are not receiving basic care, or proper dietary needs, medical care and bedsore treatment. Families often aren’t communicated with in a timely manner, O’Donnell said.

It was nearly a year ago on Nov. 29, 2022 when Attorney General Letitia James announced she was suing the owners of the Villages of Orleans for financial fraud that led to significant resident neglect and harm.

It was the first of several lawsuits from the AG against nursing home operators, alleging a scheme where owners created real estate companies to siphon off the profits from the nursing homes at the expense of resident care.

While the case against The Villages moves through the court, the AG’s Office is asking for health and financial monitors to make sure staffing levels and care are up to standard, and funds aren’t diverted improperly.

Glenn Jones, an attorney for Comprehensive Healthcare Management Services, said there is no need for monitors. He said the only money going to the real estate owner of the property, Telegraph Realty, is being used to pay the mortgage. To default on those payments could put the facility in foreclosure and out of business, he said.

Jones, a partner at the Harris Beach law firm, said recent surveys from residents and staff show the facility has made improvements since the Covid pandemic. He noted The Villages also is no longer on a list of Special Focus Facilities from the Centers for Medicare & Medicaid Services (CMS). Facilities on that list have a record of poor survey results and inspections.

“We oppose this application because the conditions have improved since the start of litigation,” Jones said in court today. “The surveys are better. We have graduated from the Special Focus and are well within the averages of nursing homes in New York State.”

Many of the recent complaints detailed in an investigator’s report filed last week are based on double and triple hearsay, from anonymous sources and with claims that are incorrect, Jones said.

Dennis Vacco, another lawyer for Comprehensive (and a former state attorney general), faulted the AG’s request for a preliminary injunction, saying there is no new current evidence of neglect. The new request in court “didn’t have a factual underpinning,” Vacco said.

Letitia James, in her lawsuit filed nearly a year ago, claimed the nursing home owners fraudulently diverted $18 million in Medicaid and Medicare payments, money that went in the owners’ pockets instead of towards resident care.

But Jones disputed that saying the payments were reimbursements for care given – thousands of claims since 2014. He said owners forming a real estate entity that owns the nursing home property is not out of the norm.

O’Donnell from the AG’s Office said there isn’t a clear owner in charge at The Villages. The monitors are needed to insure resident care is a priority and there isn’t fraud financially.

Jared Goldman, another assistant attorney general, said the owners have deceived the Department of Health with official filings. The DOH inspections and regulatory authority aren’t enough to ensure compliance at The Villages, he said.

“There has been persistent and repeated illegality,” he told the judge. “This is a 1-star facility which is the worst rating available. This is still a 1-star facility.”

Judge Caruso didn’t make a ruling in court today. He said he would review the submissions and decide soon about the preliminary injunction and whether there will be monitors. He presided over a 2 ½ hour hearing today in the main courtroom at the Orleans County Courthouse.

The named respondents in the initial AG lawsuit from Nov. 29, 2022 are Bernard Fuchs, supposed sole official owner of The Villages; his son and daughter-in-law Gerald and Tova Fuchs, and his sons-in-law Joel Edelstein and Israel Freund; David Gast; Sam Halper; Ephram Lahasky; Benjamin Landa and his son-in-law Joshua Farkovits; and Teresa Lichtschein and her daughter-in-law Debbie Korngut.

The lawsuit also named Telegraph Realty LLC, which owns the real property where The Villages sits on Route 31; CHMS Group LLC, which provides administrative services to The Villages; and ML Kids Holdings LLC, which received over $1.5 million in cash transfers from Telegraph and is controlled by Ephram Lahasky, according to the AG suit.

There were about 10 attorneys in court today for the different owners and several asked that their clients be removed from the lawsuit because they have a very small minority stake in the ownership, or are part of the real estate company and have no decision-making role with the operation of the nursing home.

Alyssa Friedman, an attorney for Landa, said Letitia James is an “activist attorney general” and is the only AG in the country suing nursing homes.

James in her lawsuit claimed $18 million in fraud, which Friedman said is a “hyper-inflated” number.

Friedman urged the judge to keep the status quo at The Villages and not require monitors. She said a prospective owner is looking to buy the facility once there is resolution with the AG lawsuit.

“It is operating well and seemingly smooth,” she said in court. “There is no burning need to take any immediate action.”

John Martin, an attorney representing two of the named owners, said nursing homes are heavily regulated in New York. The AG’s request for monitors oversteps the role of the Department of Health which could pull a nursing home operator’s license if it felt there was danger to residents, Martin said.

He called the AG’s request for a preliminary injunction for monitors “inappropriate and unprecedented.”

Herb Greenman, an attorney for Telegraph Realty, said the real estate entity shouldn’t be in the lawsuit. He said the timing of the AG’s request for an injunction, 11 months after the initial filing, is puzzling because the facility is improved.

“We believe we are moving forward and not backward,” he told the judge. “The bottom line is we’re doing the best that we can. The facility is well-run. The residents are safe and being cared for.”

Provided photos

ALBION – Chet Fery speaks in the Albion Middle School Auditorium on Friday when he shared a message about kindness with students in grades 6-8.

Fery, a retired Gates-Chili school administrator, also brought many loaves of bread which he gave away.

Fery is known as “Chet the Bread Man.” He has shared more than 100,000 loaves of bread in the past 20 years.

Fery, a Brockport resident, makes many public appearances and tells “Bread Time Stories” to the crowd. His message: the power of kindness to create a positive and accepting school atmosphere.

He encouraged students to do acts of kindness at school, in the community and at home.

“Kindness amazes me,” Fery said. “Feel it and you want to share it . Share it and you create a ripple of kindness. I believe we return to places we feel kindness. Restaurants, banks, grocery stores, hair salons, libraries and more become something special when we receive a feeling of kindness in addition to good service and value.”

The students were engaged with Fery’s message on Friday.

Photos and information courtesy of Tim Archer

ALBION – Albion eight grade social studies enrichment class students enjoyed a full morning Friday with Village of Albion Historian Sue Starkweather-Miller at Mt. Albion Cemetery. They learned about many notable personalities and intriguing local history stories as they walked the beautiful grounds with its dazzling fall colors on full display.

They heard tales of politicians, soldiers, artists, judges, children, and merchants – along with personal catastrophes and triumphs.

The day started with a visit inside the chapel and ended with a climb up the historic Soldiers and Sailors Monument, a Civil War Memorial.

Seated from left include Jessie Moore, Shade Downey, Aubrielle Barry and Anna Gillette;

Standing include teacher David Skrip, Omer Fugate, Anakin Bowman, Brayden Lindke, Tyler Sullivan, and Sue Starkweather-Miller.

Photos by Tom Rivers

ALBION – High school boys and girls basketball players cheer after Albion Mayor Angel Javier Jr. and Bounce for Bullard leader Susan Oschmann cut the ribbon for two new full-size basketball courts on Thursday.

Oschmann led a fundraising effort and the push the past two years for the new courts. The previous court was back further in the park and the surface wasn’t level with asphalt heaving in sports. The hoops were missing nets and were seldom used.

Oschmann pushed for the project not long after moving to Albion from Kendall. She wanted kids, including her grandchildren, to have a place to shoot basketballs with friends.

She recruited her friend since childhood, Roosevelt Bouie, to help raise money and build support for the project. Bouie was a big star at Syracuse University and he helped secure $40,000 in funding from the James and Juli Boeheim Foundation.

The village and Bounce for Bullard so far have raised $98,000 for the project with another $10,000 in in-kind services.

The Albion school players were thrilled to try out the new courts on Thursday afternoon before a ribbon-cutting celebration at 5 p.m.

Nyla Gaylord, executive director for the Orleans County United Way, holds a photo of Roosevelt Bouie with the old courts.

Bouie credited Bullard Park for hosting many competitive basketball tournaments when he was a kid, helping to turn him into a formidable player.

Bouie is in the Syracuse University Hall of Fame and his number 50 has been retired by the Orange. He led the team to a record of 100-18 from 1977 to 1980. Bouie was a first-team All-BIG EAST Conference selection in 1979-80. He was picked in the second round of the 1980 NBA Draft by the Dallas Mavericks. Bouie instead chose to play professionally in Europe for 13 seasons.

He has moved back to Kendall. The school retired his jersey in June 2012, the first one picked by Kendall with the recognition.

Bouie was a force for Kendall in the mid-1970s when the school won five straight sectional titles. Kendall had a record of 65-1 during his sophomore, junior and senior years, including 55 straight wins during one stretch.

Bouie said he traces his basketball origins to playing at Bullard.

“That’s where it all started for me,” he said in a previous interview.

He was part of several fundraisers for the new courts a Bullard with 3-on-3 tournaments and free throw shooting contests through portable hoops.

The Albion basketball players played for more than an hour on the courts on Thursday. The players helped raise money for the project through 3-on-3 tournaments the past two years.

Nyla Gaylord, the United Way executive director, said many in the community contributed to making the courts a success.

The United Way worked with village officials to support a new non-profit entity, the Greater Albion Community Recreation and Events Committee, to pursue grants and donations.

“If we as a community work together, look at what we can do,” Gaylord said. “But one person needs to be that spark.”

She credited Oschmann with being that spark to get the project started and for a continued push to get it done.

Oschmann said there is still more to do – about $50,000 is needed for more fencing as well as benches for spectators in a shaded area and working outdoor lights. But she said she is thrilled to see the courts in place and so many kids having fun playing on them.

Some key supporters for the project and recent improvements at Bullard Park include, from left: Orleans County Court Judge Sanford Church, Kim Remley, Terry Wilbert, Recreation director John Grillo, mayor Angel Javier Jr., Bernie Baldwin, Susan Oschmann, Chuck Nesbitt from Wendel, Nyla Gaylord, Zack Burgess, Jill Albertson and Ron Albertson.

Judge Church donated money to pay for two of the basketball hoops. Wilbert is part of the Albion United Methodist Church which donated $45,000 towards the project. The Wendel engineering firm did designs and renderings for the basketball courts that helped Albion pursue grant funding.

The Albion recreation committee and a Rebuild Bullard committee have been working for about a decade to upgrade the park. The new basketball courts follow a spray park, new amphitheater, pavilion with bathrooms, walking trail and disc golf course at Bullard.

Javier thanked the many volunteers who have been working to improve Bullard over the years.

“This is a very big investment in our community,” Javier said. “It’s amazing where we’re at with all the improvements at Bullard. I want to thank everyone involved. Every year we’re trying to make Bullard Park a little bit better.”

Grillo, the recreation director, said the courts will be used for clinics, leagues and camps.

“I think this is awesome,” Grillo said. “It is a good opportunity for the village recreation program moving forward.”

Mayor says Save-A-Lot plaza, Hamilton Street are possibilities; Downtown seems off limits due to dispensaries not allowed near churches

ALBION – The Village of Albion Planning Board will take public comments during a hearing at 5 p.m. on Nov. 9 about potential locations for cannabis dispensaries. The hearing village be at the Village Hall, 35 East Bank St.

The Village Board voted on Oct. 21, 2021 to opt in and allow legal marijuana dispensaries. Albion officials at the time said allowing the marijuana sites will make it easier for local residents to get the product in town, instead of driving to other communities and possibly putting others at risk on the roadways.

Village Board members also cited the potential tax benefits for the village. The state will have a 13-cent excise tax per $1 on the marijuana sales, and the village will gets 3 of those cents per dollar.

The state at the time didn’t have regulations in place for those dispensaries. The regulations that have since been approved include buffer zones for the cannabis dispensaries. That keeps a cannabis business no closer than 500 feet of a school, or within 200 feet of a church or house of worship.

Albion Mayor Angel Javier Jr. said there are five churches in the downtown area and that may keep the downtown from having a licensed cannabis dispensary.

Javier said the Save-A-Lot plaza on Route 31 and a site on Hamilton Street could be locations for licensed dispensaries. He said there will be several opportunities for  the community to weigh in on where a licensed cannabis retailer could be located in the village.

ALBION – Harry Papponetti, the village’s code enforcement officer, typically is called about loose dogs, stray cats and a wandering skunk.

But lately, he’s been getting reports of chickens, and some noisy roosters.

Papponetti said he has been notified about chickens on East Avenue, West State and East State streets.

He urged the Village Board to remind the public in the village newsletter that roosters, chickens and “poultry” are not allowed in the village.

He said there have been some unusual animal control calls recently, including an large iguana in someone’s front yard on West Academy Street.

Photo by Tom Rivers: Jonathan Doherty walks in Holley’s parade in June 2016 with the Self Advocate All Stars. In 2016 he was named Volunteer of the Year for the western region of the Self-Advocacy Association of New York State.

ALBION – A tree will be planted at Bullard Park in memory of Jonathan Doherty, a much-loved local resident who died at age 38 on May 5, 2022.

Ingrid Lamont of Albion agreed to pay for the tree and a plaque in honor of Doherty. The Village Board approved the offer with Lamont to work with Jay Pahura, the DPW superintendent, on selecting the tree and its location in the park.

Doherty graduated from Albion in 2003. He was an Eagle Scout and active in many civic organizations in his community, selling numerous fundraising tickets for over 20 years. He was part of the Bullard Park restoration, pushing for upgrades at the park along Route 31.

He was a member of the Albion Lion’s Club, an employee of the ARC Cleaning Crew and a substitute cleaner at Albion Central School.

He also was a founder of the Self-Advocacy All Stars for the local Arc, and attended statewide and national meetings on behalf of his differently-abled peers.

Photos by Tom Rivers

ALBION – Billy Witherspoon, left, and Gary Kent pose with the bronze statue of Santa in honor of the late Charles W. Howard after they planted small trees and shrubs at Waterman Park this morning.

The statue was dedicated on June 10 in a project by the Albion Betterment Committee.

Kent is a member of the ABC and that group paid to have six dwarf Alberta spruce trees, three burning bushes and one dogwood tree added to Waterman Park on Main Street where the bronze state is located.

The spruce trees should max out at 6 feet tall, Kent said. The Betterment Committee in recent years has planted about 40 dogwood trees in the village.

The new trees and shrubs are mostly on the north side of the lot where there is more sun during the day.

Photos by Tom Rivers

ALBION – Employees with Super Seal in Macedon have been a Bullard Park today putting down a colorful coating on the new basketball courts. They are using squeegees to spread about 800 gallons of paint on the new courts.

Super Seal expects to put another coating down, and then add the lines for the basketball court as well as pickleball next week.

The Village Department of Public Works installed the new hoops last week.

The Albion United Methodist Church is paying for two of the new hoops, a final top coat, the painting and lining of the courts, fencing on the south side and concrete barriers to keep vehicles from driving on the courts.

Sanford Church, the Orleans County Court judge, also paid for two of the new hoops.

In June, Keeler Construction put down the first layer for two full-size outdoor basketball courts. That was funded with a $40,000 grant from the James and Juli Boeheim Foundation.

The Greater Albion Recreation and Events, Inc., a non-profit organization, secured the funding with assistance from the Orleans County United Way.

Photo by Tom Rivers

ALBION – The Albion Fire Department has been testing the fire whistle on top of the Village Office this afternoon. It is expected to go off again at about 3:30 this afternoon after being activated earlier in the day, said Fire Chief Jeremy Graham.

The fire whistle has been inactive for more than a decade after some of the downtown business owners complained the siren was too loud.

The Fire Department would like to make operational again to use only for big emergencies, such as structure fires and other community emergencies, Graham said.

ALBION – Zack Burgess, one of the youngest elected officials in Orleans County, resigned from the Albion Village Board on Monday after he moved out of the village.

Zack Burgess

Burgess, 34, was elected to a three-year term on the board in March 2021. He leaves about six months left on his term.

Mayor Angel Javier Jr. said the vacancy will be filled by a mayoral appointment, but he isn’t looking to fill the post immediately. He said he expects to fill the position with someone who intends to run for the position in the upcoming March election.

Burgess, in a Facebook post today, said he remains concerned about the vacant buildings in downtown Albion. He favors a law similar to the one in Medina. That village has a vacant building registry, with annual fees assessed for vacant buildings and a plan needed for how to utilize them.

Burgess has been active in the village, serving as co-chairman of the Rock the Park Music Festival at Bullard Park. He works as a sales representative at Bentley Brothers and also performs at many local venues with his band, the Zackstreet Boys.

“I’m grateful for the support over the course of my term as well as during my election campaign,” Burgess said in a Facebook post.

He plans to remain active with Rock the Park.

Aniyah CM. Hyde, age 14, has not been in contact with her family since running away on Oct. 12.

ALBION – An Albion teen has been reported missing after not being in contact with her family the past five days, the Albion Police Department said this morning.

Aniyah CM. Hyde, 14, is Black with brown eyes and hair. She is 5 foot, 2 inches and about 140 pounds.

The Albion PD said Aniyah’s family reports she ran away at about 9 a.m. on Oct. 12 and has not been in contact with her family since then. It is unknown what Aniyah could be wearing at this time.

Anyone with any information regarding Aniyah’s whereabouts is urged to contact APD at (585) 589-5627, or through the Orleans County Sheriff’s Dispatch at (585) 589-5527 or 911.

Photos by Tom Rivers

ALBION – Ryan and Katelyn Pearl are shown with a table full of presents and gift cards during a birthday party this evening at Dubby’s Tailgate for their late son, Maddox Pearl, who would be 6 tomorrow.

Maddox passed away on Sept. 30, 2023 after battling DIPG, a rare brain tumor.

Ryan and Katelyn said they appreciated the community’s support for the past year, and they said they feel thankful for the Albion community’s love and generosity.

“We live in a community where when you ask for help they’re there to help you,” Ryan, 32, said during the gathering this evening at Dubby’s that was attended by more than 100 people.

These gifts will be given to organizations that assist children with serious health issues.

Katelyn, 30, said the family wanted to celebrate Maddox’s birthday, and pay it forward and help the organizations that were there for them. They will give the presents and gift cards to three organizations: Compassion Net, C.U.R.E. Childhood Cancer Association in Rochester, and the Willoughby Foundation that assists children with life-threatening health issues.

Compassion Net sent nurses to provide palliative care for Maddox. That allowed him to be home and not in a hospital. The C.U.R.E. seeks to provide emotional, social, financial and educational support to a child with a chronic sickness.

The Willoughby Foundation provided a tablet to help Maddox communicate and a large mattress for Maddox and his parents to be together in the living room. That foundation will distribute some of the gifts at Maddox’s party to other children in hospitals who are battling serious illnesses.

Dubby’s hosted a benefit for the Pearl family last Nov. 22 with more than 200 gift baffles up for raffle. Other organizations in the past year helped raise money for the family.

Katelyn said Albion is a close-knit community that rallies for people in a crisis. That isn’t the case in many communities, she said, especially in cities and big towns where the people aren’t as well connected to each other.

Katelynn and Ryan say they may make Maddox’s birthday party an annual community event, with presents and gift cards to be collected and given to organizations that help children with serious health challenges.

Many of the gifts given had train themes. Maddox loved trains, especially The Polar Express and Thomas the Train Engine.

“He watched The Polar Express every day, from Christmas to the next Christmas,” his father said.

Ryan and Katelyn are going to spend tomorrow, Maddox’s sixth birthday, on a train at the Arcade and Attica Railroad for a ride in honor of their son.

Photos by Tom Rivers

ALBION – Barre firefighter Gary Rowley lets Albion kindergarten Ethan Dona spray water at a target in the elementary schoo, parking lot today to conclude Fire Prevention Week at the school.

Firefighters visited classrooms from prekindergarten to grade 5 earlier in the week. Today about 800 students went to different spots in the parking lot to see fire trucks, a fire rescue boat, and see some of the tools and equipment used by firefighters.

Carter Klips, a kindergartener, checks out the inside of the Albion ladder truck. He is shown some of the gear by Rob Conner, a past fire chief for Albion. Carter was impressed there was a small refrigerator in the truck.

Aubrey Stinson, below, and Amelia Fisher crawl through a room simulated to have smoke. They are third-graders. (This week is also homecoming at Albion and Aubrey has on some face paint.)

The smoke simulator is in a fire safety training trailer owned by the Orleans County’s Emergency Management Office. It has a fog machine to simulate smoky rooms. Students were urged to “Stay Low and Go.”

These third-graders climb on the Carlton rescue boat.

Mark Farone of the Barre Volunteer Fire Company assists Maisyn Stirk with spraying water at a target.

Charlie Monacelli, an Albion firefighter, shows some of the tools used by firefighters. Monacelli took the day off from work today and volunteered to help with fire prevention week. He has a kindergartener at Albion.