Nephew of ‘kung fu judge’ John Phillips files complaint with Brooklyn DA against soon-to-shutter Park Slope nursing home
Phillip's nephew, the Rev. Samuel Boykin, is calling on District Attorney Ken Thompson to investigate allegations that the Prospect Park Residence at 1 Prospect Park West operated for years without a license.
Comments (4)By Natalie Musumeci / NEW YORK DAILY NEWS
Wednesday, March 12, 2014, 2:00 AM
He, Gary
Judge John Phillips died in 2008.
The nephew of late Civil Court Judge John Phillips wants District Attorney Ken Thompson to investigate whether a Brooklyn nursing home operated for years without a license.
Phillip’s nephew, the Rev. Samuel Boykin, filed a complaint Monday with the DA’s office against the Prospect Park Residence, where Phillips lived until his 2008 death.
RELATED: FAMILY OF 'KUNG FU JUDGE' SUES NURSING HOME OVER DEATH
“It’s a misdemeanor to run an assisted living facility without a license,” said Dennis Kelly, a lawyer for Boykin. “Someone should be prosecuted.”
Boykin claims fraud and public corruption are among the criminal issues involved with building owner Haysha Deitsch and facility operators, according to the new complaint.
RELATED: SENIORS TO BE BOOTED OUT OF PARK SLOPE NURSING HOME DUE TO CLOSURE PLAN
“We want the law to be enforced to the fullest,” said Boykin. “So far the law has not been enforced.”
Boykin filed a wrongful death suit in state Supreme Court in 2010 alleging the facility failed to properly care for Phillips, who had suffered from dementia.
RELATED: NURSING HOME KEPT DYING JUDGE HOSTAGE, LAWSUIT CLAIMS
The Prospect Park West facility allegedly operated without a proper license from the state Department of Health for six years before obtaining one in 2012, Boykin claims.
The facility applied to the state Health Department for a license in 2009, but the permit was not granted because the application was incomplete.
RELATED: PROSPECT PARK WEST NURSING HOME A DEATHTRAP: SUIT
Now the facility is set to close by June, forcing out more than 100 seniors who live there. Kelly says the only reason the facility obtained a license in 2012 is so that it could quickly evict the tenants to carry out the closure plan.
“I believe they are using the license to circumvent landlord-tenant laws,” he said. “They now get the license that they didn’t have for many years so they can evict these people within 90 days.”
Kelly said it would take years for Deitsch to get the residents out if he did not have a proper license.
A spokesperson for the Prospect Park Residence declined to comment on the complaint filing.
Kelly and co-counsel John O’Hara are handling seven lawsuits against the facility — six of which are wrongful death suits. The case regarding Phillips is the first case going to trial this May.
Known as the “kung fu judge” because of his black belt in martial arts, Phillips served as a Brooklyn civil court judge for 17 years.
nmusumeci@nydailynews.com
Phillip’s nephew, the Rev. Samuel Boykin, filed a complaint Monday with the DA’s office against the Prospect Park Residence, where Phillips lived until his 2008 death.
RELATED: FAMILY OF 'KUNG FU JUDGE' SUES NURSING HOME OVER DEATH
“It’s a misdemeanor to run an assisted living facility without a license,” said Dennis Kelly, a lawyer for Boykin. “Someone should be prosecuted.”
Boykin claims fraud and public corruption are among the criminal issues involved with building owner Haysha Deitsch and facility operators, according to the new complaint.
RELATED: SENIORS TO BE BOOTED OUT OF PARK SLOPE NURSING HOME DUE TO CLOSURE PLAN
“We want the law to be enforced to the fullest,” said Boykin. “So far the law has not been enforced.”
RELATED: NURSING HOME KEPT DYING JUDGE HOSTAGE, LAWSUIT CLAIMS
Todd Maisel/New York Daily News
The Prospect Park Residence at 1 Prospect Park West off Grand Army Plaza.
The facility applied to the state Health Department for a license in 2009, but the permit was not granted because the application was incomplete.
RELATED: PROSPECT PARK WEST NURSING HOME A DEATHTRAP: SUIT
Now the facility is set to close by June, forcing out more than 100 seniors who live there. Kelly says the only reason the facility obtained a license in 2012 is so that it could quickly evict the tenants to carry out the closure plan.
“I believe they are using the license to circumvent landlord-tenant laws,” he said. “They now get the license that they didn’t have for many years so they can evict these people within 90 days.”
Kelly said it would take years for Deitsch to get the residents out if he did not have a proper license.
A spokesperson for the Prospect Park Residence declined to comment on the complaint filing.
Kelly and co-counsel John O’Hara are handling seven lawsuits against the facility — six of which are wrongful death suits. The case regarding Phillips is the first case going to trial this May.
Known as the “kung fu judge” because of his black belt in martial arts, Phillips served as a Brooklyn civil court judge for 17 years.
nmusumeci@nydailynews.com
Read more: http://www.nydailynews.com/new-york/brooklyn/nephew-kung-fu-judge-john-phillips-files-complaint-park-slope-nursing-home-article-1.1718264#ixzz2wb2WhHOq
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