A judge has found Sullivan County in contempt for continuing efforts to close the Adult Care Center at Sunset Lake, despite a court order halting the process. The ruling comes after residents were moved out of the facility, raising questions about what the court can do next.
Ulster County Judge Kevin Bryant found that the county willfully and knowingly interfered with a temporary restraining order issued Sept. 16 that paused the closure process, according to reporting by Patrick Kelly of The River Reporter.
The legal dispute centers on whether the county continued transferring residents after the order took effect and whether residents were properly informed of their rights to remain at the facility.
The plaintiffs argued that residents were not adequately notified of the court order and that an incentive program encouraged employees to leave the facility. The county maintained that residents left voluntarily and were properly notified. It also argued that the employee incentive program was intended to benefit staff facing uncertainty over the facility’s future, according to Kelly, who attended the Oct. 29 hearing in Kingston.
Bryant did not address the broader allegations about how residents and their families were treated, Kelly reported. Instead, the hearing focused on whether the county interfered with the court order.
The judge raised concerns that continued transfers could leave the court without an effective remedy, Kelly said.
A hearing to determine the penalty for contempt is scheduled for Nov. 24 at 11:30 a.m. Under New York law, contempt can carry a fine of up to $5,000, though the penalty in this case will be determined by the judge.
The named respondents include Sullivan County, the state Department of Health and County Manager Joshua Potosek in his official capacity. It remains unclear whether any penalty would apply to an individual official or the county itself.
The contempt ruling is separate from the ongoing legal challenge to the closure.
Sullivan County declined to comment on the ruling. Khalid Bashjawish, the deputy county attorney representing the county and Potosek, also declined to comment, Kelly reported.