July 24, 2020 - Oneida County Supreme Court has assigned a judge to our lawsuit, attorney Tom West introduces the long delayed case, read it here: Letter To Judge Clark Regarding Downtown Utica Hospital Lawsuit.
From: Rosa Usyk
Sent: Friday, July 24, 2020 10:23 AM
To: firstname.lastname@example.org; Suzanne O. Galbato
Subject: The Landmarks Society of Greater Utica, et al v. Planning Board of The City of Utica, et al.
The above-matter has been transferred to the Hon. Bernadette T. Clark, Oneida County Supreme Court Justice. Judge Clark has scheduled a SKYPE FOR BUSINESS pre-trial conference/status conference. Please advise if you are available either on July 29, 2020 at 11AM or August 6, 2020 anytime between 11-3. I will also need your email address to invite you to the Skype meeting.
Additionally, as you are aware, this matter is not electronically filed. Do you have the capabilities to email or scan the Petition, Affidavits, Memo of Law (Petitioners) and Answer, Affidavits and Memo of Law (Respondents) to the Court, specifically to me, email@example.com ? At this time, Judge is only requiring those specific documents mentioned above and does not need the attached Exhibits.
Please advise me at your earliest convenience as to what date you are available for a pre-trial conference and if you are able to email and/or scan the documents.
Rosa Usyk Secretary to the Hon. Bernadette T. Clark Oneida County Supreme Court Oneida County Courthouse 200 Elizabeth Street Utica, NY 13501 (315)266-4310 firstname.lastname@example.org
June 24, 2020 - Email update from attorney Tom West...
To: Brett Truett
From: Tom West
Date:: June 24, 2020
Subject:: FW: Notice of Entry - No Hospital Matter
Brett, finally, the Albany County Clerk’s office came back to life and has processed entry of the Decision in Order from Justice Mackey. Their service upon us of a copy of the same gives us notice of our appeal rights. Obviously, we are not considering an appeal at this point. More significantly, this will begin the transfer process to Oneida County. I will continue to make inquiries to find out when this is transferred and the judge to whom it is assigned. Stay tuned.
Thomas S. West, The West Firm, PLLC, Peter Kiernan Plaza, 575 Broadway, 2nd Floor, Albany, NY 12207-2931
Sadly this email arrives one year and three days after Justice Mackey was assigned to handle this lawsuit. Reveiw the painfully slow progress below and or View scenes of the irreversable damage that's resulted to a historic Utica neighborhood.
April 7, 2020 - Legal update on the lawsuit from Tom West, received at 3:20 PM today...
"I wanted to take this opportunity to bring you up to date on developments with the New York State Court system. Several weeks ago, the Chief Administrative Judge of the New York Courts issued an order suspending all filings and activities on non-essential matters due to the coronavirus pandemic. This case falls into that category. However, today, the Chief Administrative Judge issued a revised order urging Justices to move forward with rendering decisions on all matters that have been fully submitted. This would include your case. We are hopeful that this clears the way for Justice Mackey to finally render a decision concerning this matter."
Get to know 5th JD - Oneida County County Supreme Court & Judges.
November 3, 2019 - After MVHS sell $263.7 million of Oneida County muncipal bonds later this year, MVHS will have $193,702,411 in debt! The 2020 repayment cost is $18M, with $15M due each year until 2049.
The MVHS bonding disclosure document also states, "In May, 2019, several local residents and businesses ( the "Plaintiffs") filed a lawsuit..." and continues "...in the unlikely event the Court declares the Historic and Environmental Reviews to be invalid, and this decision is upheld upon any appeal by the Agencies and the System, the Agencies and the System may be required to reopen their Historic and Environmental Reviews and proceed with
June 28, 2019 - An Albany Supreme Court Judge is assigned the lawsuit, while MVHS's court papers request a prompt dismissal, as of
They think they* can take private property and give to other private developers, but last time we checked this was the United States of America! Downtown Utica would suffer from such an ignorant redevelopment concept, one totally out-of-sync with Utica's Master Plan.
This will become a court case, perhaps multiple court cases, and a process consuming multiple years. We're seeking due process for Utica and Oneida County residents. That and other violations and questionable acts documented below...
 February 13, 2020 - MVHS, E Lints Affidavitt in Support
 February 14, 2020 - MVHS, K Bennett Affidavitt in Opposition
 February 14, 2020 - MVHS, K Bennett, Affidavitt Of Motion To Strike
 February 14, 2020 - MVHS, K Bennett, Letter To Court
 February 14, 2020 - MVHS, K Bennett, Notice of Motion
 February 14, 2020 - MVHS, Memo Of Law, Opposition To Petition
 February 14, 2020 - MVHS, Memo Of Law, Motion To Strike
 February 14, 2020 - MVHS, Notice Of Motion To Strike Affd. & Exh. of Mini.
 February 13, 2020 - MVHS, R Scholefield Affidavitt
 February 13, 2020 - MVHS, S Eckler Affidavitt in Support
 February 12, 2020 - MVHS, Varified Answer To Varified Petition
 February 14, 2020 - Planning Board Verified, B Thomas Affidavit
 February 14, 2020 - Planning Board Verified, K Hartnett Affidavit
 February 14, 2020 - Planning Board Verified Amended Petition
February 10, 2020 - Legal update, 7 months and 16 days since MVHS CEO stated case would be quickly dismissed...
February 5, 2020 - Our team's Law Firm files papers in Albany Supreme Court…
February 3, 2020 -
January 23, 2020 - Albany Supreme Court Releases Schedule for upcoming motions and pleadings.
January 21, 2020 - Today, it appears that an “end run” was attempted! According to this Oneida County Supreme Court document FAX From Justice MacRae, it seems motions pending before an Albany Supreme Court were attempted to be moved before Oneida County Supreme Court. We must ask, “Is this not the an attempt to subvert the law?” From our vantage point, it certainly indicates to us that MVHS and the City of Utica were seeking a more favorable courtroom. Read More...
Now let us see what the local media reports...
January 10, 2020 - More documents placed before Albany Supreme Court (Please Check Back), as we seek to prevent case from leaving Albany Supreme Court.
December 31, 2019 - Afraid to face the merits of our lawsuit, the Defendants Want To Run Away From Justice Mackey's Courtroom.
December 28, 2019 - Judge rules, and our attorney states, "The City of Utica, the Planning Board, as well as MVHS threw everything they had against us trying to get those claims dismissed, unfortunately for them those claims remain valid.” Tom West, The West Firm
Albany Supreme Court allows claims challenging @MVHealthSystem’s SEQR, “the City of Utica, the Planning Board, as well as MVHS threw everything they had against us trying to get those claims dismissed & unfortunately for them those claims remain valid.” https://t.co/YBJsn8fgcF pic.twitter.com/bGXvVHROmH— #NoHospitalDowntown (@NoHospitalDwtn) December 28, 2019
Finally, after 6 Months and 5 days, #NoHospitalDowntown hears that judge has NOT dismissed our case.
MVHS not likely to recieve $300M until case is settled.
The former Norm Seakan TV and Appliances building on Columbia Street is coming down. This is, at least, the second known building demolition effort for the proposed downtown Utica hospital project. #EyewitnessNews #WUTR #WFXV pic.twitter.com/5loq04pwUf— Ben Dennis (@broadcastben_) November 18, 2019
October 15, 2019 - Read the Oral Arguments Transcript in lawsuit...
STATE OF NEW YORK
SUPREME COURT COUNTY OF ALBANY
THE LANDMARKS SOCIETY OF GREATER UTICA, JOSEPH BOTTINI,
#NOHOSPITALDOWNTOWN, BRETT B. TRUETT, JAMES BROCK, JR.,
FRANK MONTECALVO, JOSEPH CERINI, AND O'BRIEN PLUMBING &
HEATING SUPPLY, a division of ROME PLUMBING AND HEATING
SUPPLY CO. INC.,
For a Judgment pursuant to Article 78 and Section 3001 of the Civil Practice Law and Rules,
-against- Index No. 02797-19
PLANNING BOARD OF THE CITY OF UTICA, NEW YORK STATE OFFICE
OF PARKS, RECREATION AND HISTORIC PRESERVATION,
ERIK KULLESEID, ACTING COMMISSIONER, DORMITORY AUTHORITY
OF THE STATE OF NEW YORK AND MOHAWK VALLEY HEALTH SYSTEM,
November 1, 2019 - Utica hospital lawsuit argued in court yesterday...
The oral arguments lasted for more than an hour, “which is telling in and of itself,” West said.
“We appreciate Supreme Court Justice L. Michael Mackey hearing our oral arguments today and giving us the opportunity to thoroughly present our case to dismiss this challenge,” Mohawk Valley Health System Executive Vice President and CEO Robert Scholefield said in a statement. “Within the next week, we will provide further information to the court and look forward to the judge’s final decision. In the meantime, construction will continue for the new regional medical center.”
West said he submitted a photo of the demolition of a garage within the planned hospital footprint, which took place Wednesday, to the court. The judge gave the defendants a week to respond to that submission and their submission may require another response from the plaintiffs, West said. So a decision won’t come immediately, but he doesn’t think it will be too long, he said.
“It’s ripe for decision making very soon,” West said.
October 10, 2019 - This Halloween, Albany Supreme Court to hear oral arguments...
Meanwhile, residents' voices against hospital continue.
October 20, 2019 - The Utica Planning Board accepts MVHS's Site Plan, but MVHS doesn't own the required land and there's a lawsuit pending.
August 17, 2019 - Today we report that the New York State Assistant AG writes West Law Firm, reports that DASNY Submits Their Findings Statement (22 pages, 4.9MB) on the Downtown Utica Hospital called #MVHSDOWNTOWN, being pushed by Politicians and MVHS.
A lawsuit that #NoHospitalDowntown is party to, New York health system faces lawsuit over $480M hospital project, remains pending before the Honorable L. Michael Mackey.
Consider AFFIDAVIT OF FRANK MONTECALVO
June 27, 2019 - Read Respondents-Defendants Submissions ("Reply Papers"); twenty-nine (29) combined pages on eve of judge assignment, as case is subsequently assigned to the Honorable L. Michael Mackey.
June 20, 2019 - Read our Petitioners-Plaintiffs papers filled in opposition to the motions to dismiss.
June 14, 2019 - The Respondents-Defendants submit documents to Albany Supreme Court; in lockstep the City of Utica, New York State and Mohawk Valley Health System all work together to avoid the merits of our claims.
May 10, 2019 - As we seek to save CoLa, various parties act...
Dear @BassettNetwork @StJosephsHealth CEO’s, it’s time your hospitals to step-up to assist @CityofUtica healthcare. Oneida County operatives have destroyed any chance for @NYGovCuomo’s DSRIP program goals... https://t.co/o296t22CJW pic.twitter.com/zno1Qgc5FE— #NoHospitalDowntown (@NoHospitalDwtn) May 10, 2019
May 9, 2019 - In the news today, #NoHospitalDowntown to sue Utica hospital project
Dear @MVHealthSystem @MayorPalmieri @NYS_DASNY @CityofUtica & @NYstateparks ... #NoHospitalDowntown is taking issue w/ #mvhsdowntown #SEQR process... https://t.co/G5RvdVA7Tg pic.twitter.com/bou6BnBZlB— #NoHospitalDowntown (@NoHospitalDwtn) May 9, 2019
Build the hospital where it belongs, within the current Oneida County Medical Dustrict at the St. Luke's Campus. The concept drawing was on hand in June of 2015, New St. Luke's Hiospital Concept (DEIS).
Becker's Hospital Review: New York health system faces lawsuit over $480M hospital project
Utica Observer-Dispatch: UPDATE: #NoHospitalDowntown sues Utica hospital project
January 17, 2019 - On this week's news of Nexus Center funding, #NoHospitalDowntown submitted a statement to the Utica Planning Board and regional media, "Attn: Utica Planning Board, Re: Nexus Center".
December 27, 2018 - In response for public comments on the MVHS SEQR DEIS, today #NoHospitalDowntown submitted this statement prepared on our behalf by Albany law firm, The West Firm, PLLC. Brett Truett and #NoHospitalDowntown offer Public Input On MVHS's Downtown Utica Hospital DEIS.
December 9, 2018 - Today #NoHospitalDowntown has engaged Thomas West of the Albany law firm, The West Firm, PLLC. All necessary actions will be taken to prevent the ill-concieved hospital from bulldozing Downtown Utica's CoLa Neighborhood.
So many poor choices have been made by a few insiders to support their ill-conceived downtown hospital, good thing there are people who know how to fight back...
This sounds like someone we could use, "HPC handles sophisticated legal matters including business and commercial litigation, business and corporate law and transactions... and land use, zoning and preservation matters...", and here's an Interview.
December 10, 2018 - Officials deny rigging hospital site study, but who accused them?
Of course they would! Read today’s #mvhsdowntown story regarding @MVHealthSystem as #MVEDGE and @ABrindisiNY try to walk back their rigged project... https://t.co/HQ2Uf5Zu5S pic.twitter.com/Q3TP1B3n6y— #NoHospitalDowntown (@NoHospitalDwtn) December 10, 2018
Their emails make it pretty clear, Steve DiMeo and a few politicians (Brindisi & Picente) rigged hospital siting, no accusing required!
Plus, MVHS CEO Scott Perra already confirmed it in April of 2017, "Our Politicians Are The Ones, Mr Tony Picente, Anthony Brindisi and Mayor Palimeir...". This was repeated a few days later by MVHS COO Robert Scholefield, have a listen as Mr. Scholefield states, It Was Made Clear To Us...
August 25, 2018 - Again, we ask, "Who knew what, when, and who did they tell?" This is a great question when you consider these posts, comments and facts...
Begins with a post to Twitter by TheUrbanPhoenix...
They service our community health and provide jobs... just don’t ask them to activate the surrounding environment https://t.co/kynKkAP53j— TheUrbanPhoenix (@UrbanPhoenixBlg) August 24, 2018
Get a more complete picture here, Social Media Exchange Uncovers Corruption.
August 2, 2018 - We have many coming to us with stories...
Dear @NewYorkStateAG we've been investigating, but any progress on your end? Informants suggest little-known financial matters of @MVHealthSystem affiliate St. Elizabeth hospital in @CityofUtica have a tale to tell... https://t.co/KPLDtbUPpt pic.twitter.com/OAcxylSvoe— #NoHospitalDowntown (@NoHospitalDwtn) August 2, 2018
So we keep writing letters, sending emails, for example, Letter To Office of NYS AG Barbara Underwood
February 10, 2018 - The Oneida County Executive and City of Utica Mayor developed a legal document, mostly to bolster the MVHS application For their C.O.N., also for the Ongoing Hospital PR Circus, yet it's not enforceable...
Common Council @CityofUtica President @mikeforutica on radio https://t.co/u85feIPw3y (Minute 2:30) reveals @MayorPalmieri MOU/MOA w/ Oneida County @AJPicenteJr for @MVHealthSystem downtown hospital parking garage is meaningless! Further confirming it’s a #HospitalOfCards pic.twitter.com/mo3oFMmQYR— #NoHospitalDowntown (@NoHospitalDwtn) February 10, 2018
Visit our MOU / MOA page that followed this story.
December 21, 2017 - Mohawk Valley Health System lawyer mentions "eminent domain"...
Also at the firm Bond Schoeneck & King is former Oneida County Executive, Raymond A. Meier. And this other politician was kind enough to respond, letters, lots of words, but No Real Answers, hey didn't Joe work with Ray?
November 21, 2017 - Perhaps under new management, and a "clean-up crew" to dust-off old content, but did they clear away all the "screen captures"? Remove all the incriminating posts? We think not. And to have a bunch of nice people stand shoulder-to-shoulder, proclaiming "community support"? Terribly flimsy thinking, and by all appearances, by very shallow thinking folks... #Astroturfing...
Someone shared this quote with us, "Everyone knows truth comes not from sophisticated elites, but from ordinary working people." Troubling too, our elites are not even that sophisticated.
October 20, 2017 - Can you say "arbitrary and capricious"...
Ah yes, your quotes :-) Seems all you have to cling to beyond opinions and while wonderful for jousting, they're of NO use in courtrooms. pic.twitter.com/tPgFPim7ad— #NoHospitalDowntown (@NoHospitalDwtn) October 20, 2017
August 13, 2017 - More closed-door meetings, why? Oneida County government officials hold closed door meetings on private Utica hospital garage funding...
Is "Sin City" alive and well?
August 8, 2017 - Secret meetings, and Utica Headlines On Downtown Hospital Funding...
July 23, 2016 - How will the Utica-area politicians look when the national stage and the legal system reviews their actions for Downtown Utica and Oneida County healthcare?
July 15, 2017 - Editing tapes of City Hall's public meetings prior to sending DVD's to public access TV... why is the public seeing "doctored" video? Who controls the taping, the editing, and the distribution? Who are the vendor(s), their connections, and under what contracts? Don't bother asking City Hall, we'll let a court decide...
October 13, 2016 - Who is this company? We were told they were exclusively healthcare professionals, but that is not true. They are real estate investment professionals, they make money for high wealth individuals and they seek to make a handsome profit in Downtown Utica. We're watching the Hammes Company. Watch a very telling video...
Utica mayor has said he'd close streets, Give-away City Assets to the private hospital. What say would the taxpayers have? What if they don't want streets closed, or historic assets given away?
September 21, 2016 -Those that say they studied and carefully placed the proposed hospital into Downtown Utica, will their "hard work" really hold-up in court?
Terms, words, you'll hear more of; Arbitrary & Capricious, Ossification & Abuse of Discretion. The road ahead... https://t.co/Cyc5PamzfG— #NoHospitalDowntown (@NoHospitalDwtn) September 21, 2016
September 12, 2017 - The Oneida County and City of Utica public is told a single board calls the shots on Utica's three hospitals, this is false...
Yes, regarding reporters, ours of the "Investigative" kind- what of St Elizabeth's ownership, secrets of the past, transitions/transactions? pic.twitter.com/uwrAtygf6l— #NoHospitalDowntown (@NoHospitalDwtn) September 12, 2017
June 13, 2017 - We wonder, "Is it any crime to hide from the NYS Department of Health, and Oneida County residents, the true new hospital budget?"
Proponents say a big reason to going into Downtown Utica is the "economic development" benefits. However, how would one calculate such outcomes for the City of Utica and Oneida County if true budget figures are not used? For example, the MVHS CEO reports the budget he offered the Oneida County Legislators is fake, The Missing New $75-75M IT System.
Furthermore, our economic development lead agency (MVEDGE) uses some Very Fuzzy Math as well. Then our political leaders and hospital leaders shout-out, "It's Final: Hospital Going Downtown", yet finances of MVHS suggest the hospital's ability to borrow is not a sure bet. What gives?
September 1, 2017 - The Oneida County leadership and Utica City Hall craft documents, they're MOU turns into a MOA, but do they have legal teeth?
July 19, 2017 - Oneida County economic development agency, MVEDGE Acts To Derail City Of Utica Business Project...
July 11, 2017 - The Utica Common Council passed a resolution regarding the downtown hospital funding. The resolution was created by the council's economic development committee, chaired by Joseph Marino. Councilman Marino promised more information on the meeting and the resolution's creation multiple times. However, the information was never produced, a citizen FOIL'd for it, and then...
The below resolution was created by someone, but we don't know who or when, or what deliberations were considered as no minutes exist! We understand meetings held by the Economic Development, Municipal Housing, Urban Renewal Agency & D.U.D.A. Committee, discuss "any property, municipal housing, contract presentations and legislation affecting the City of Utica", and that's the committee that produced it...
May 8, 2017 - Letters, many words, but no real answers...
April 16, 2017 - Hospital CEO sugar-coats truth...
This and other comments, along with emails from #emailgate, prove that the hospital board was told, "downtown or no money".
June 12, 2017 - Why are taxpayers being told the city will give away assets to a private company, when investigation shows it is very likely just a June 12, 2017 ">Real Estate Investment Scheme? Taxpayers must demand a full accounting of the downtown concept, otherwise it must be stopped!
July 5, 2017 - It has been a long and unproductive ordeal, leadership ignoring constituents, is there only one path?
July 5, 2017 - Our group has been using "screen captures", as our posts have been removed. Why can't there be open dialogue and debate? Why are critical views not allowed?
September 30, 2017 - Who knew what and when, and why was known information withheld from taxpayers and residents?
The hospitals (yes, with an "s"), its boards (yes boards, with an "s"), and those that have placed them in this position will be very vulnerable. Are they counting on a local court? A local judge? Only time will tell, oh, and we have LOTS and LOTS of time... too bad regional healthcare hangs, and hangs, in the balance!