RUSSO TONER LLP ATTORNEYS AT LAW 33 Whitehall Street, New York, New York 10004 Phone (212) 482-0001; Fax (212) 482-0002 December 14, 2017 Mark Geller, MD President and CEO Nyack Hospital 160 North Midland Avenue Nyack, New York 10960 Re: Sabrina Boco and Jonathan's Law request for records VPCR Case Serial No.: 511066364 Dear Dr. Geller: I represent Sabrina Boco the mother and natural guardian of Christopher Joseph who is a special needs individual. He was imprisoned and assaulted at Nyack Hospital in January 2017. An investigation by the New York State Justice Center for the Protection of People with Special Needs found that Christopher Joseph was physically abused and inappropriately restrained at Nyack Hospital. 1 am enclosing a copy of the letter my client received from the Of?ce of General Counsel of the NYS Justice Center summarizing the results of their investigation. On October 9, 2017, pursuant to the requirements of onathan's Law", my client mailed by Certi?ed Mail a letter to your hospital requesting documents related to the assault and abuse of her son. I am enclosing a copy of that letter for your review. To date my client has not received any communication from your hospital nor any of the documents she requested. I write to inform you that in failing to respond to my client's letter of October 9, Nyack Hospital is in plain violation of NY Mental Hygiene Law ?33.23(a) which states in relevant part that: HARTFORD OFFICE OFFICE NEW JERSEY OFFICE STAMFORD OFFICE BUFFALO OFFICE 100 PEARL STREET, 14TH FLOOR ONE NESHAMINY INTERPLEX 10 FRANKLIN AVENUE ONE STAMFORD PLZ 12 FOUNTAIN PLAZA, STE 600 HARTFORD, CT 06103 TREVOSE, PA 19053 EDISON, 08337 263 TRESSER BLVD BUFFALO, NY 14202 (860) 986-7845 (215) 8746816 (732) 738-5600 STAMFORD, CT 06901 (716) 300-6389 (203) 883-0800 RUSSO 81 TONER Upon request of a quali?ed person, the director [of a medical facility] shall provide to him or her a copy of the written incident report, provided that the names or other personally identi?ed information of patients and employees shall not be included unless such patients and employees authorize disclosure. In failing to respond to my client's letter of October 9, Nyack Hospital is also in violation of NY Mental Hygiene Law ?33.25(a) which states in relevant part that: Records and documents pertaining to allegations and investigations into reportable incidents at a facility . . . including but not limited to all complaints and reports made pursuant to Article 11 of the Social Services Law, shall be released to a quali?ed person upon written request by such quali?ed person. Such records and documents shall be made available by the appropriate of?ce within 21 days of the conclusion of its investigation [emphasis added]. As this incident happened in January 2017, and the Office of General Counsel letter is dated September 26, 2017, it seems clear the investigation has been concluded and we are way beyond the 21?day time limit afforded by the statute. Therefore, please provide the documents to my client which she requested by her letter of October 9. Nyack Hospital's failure to comply is a Violation of law and may lead to further legal action by my client against Nyack Hospital pursuant to New York State Mental Hygiene Law. cc: John Volanto, VP and COO Richard Kohlhousen, Chair Board of Trustees October 9, 2017 Nyack Hospital I60 North Midland Avenue Nyack, New York 10960 Attention: Medical Records Re: Jonathan's Law Request for Records VPCR Case Serial No: 51 1066364 To Whom It May Concern: I am the parent and natural guardian of Christopher Joseph. I am by this letter requesting, pursuant to Jonathan's Law, complete copies of all records pertaining to VPCR Case Serial No. 5] 1066364 in your possession. Please provide copies of all records, including, but not limited to the following: Investigative reports and records; Photos; Unredacted videos; Any physical evidence secured; Statements of witnesses; Incident reports made to the O?ice for People With Developmental Disabilities; Reports made and submitted via the Incident Report and Management Application Noti?cations to law enforcement; Reports made to the Vulnerable Persons Central Registry; Meeting minutes and reports made by the Nyack Hospital Incident Review Committee; Memos and reports describing any immediate protection implemented to protect my son Christopher; NEW YORK Justice Center for the Protection of Pen le with Special Nee ANDREW M. cuomo DENISE M. MIRANDA Governor Ereculiye Director Notice to Vulnerable Person or Personal Representative of Investigation Determination Substantiated September 26, 2017 Ms. Sabrina Boco 36 Gladys Drive Spring Valley, NY 10977-6025 Re: VPCR Case Serial Number 511066364 Dear Ms. Boco: We write to you as a personal representative of Christopher Joseph. On May 22, 2017, the Justice Center received a report alleging that Mr. Joseph was subjected to . conduct which constituted abuse or neglect. Those allegations were investigated, and we now inform you of the outcome of that investigation. The ?ndings of the investigation under the Case Serial Number referred to above are as follows: Allegation 1 It was alleged that on or about January 16, 2017, at Nyack Hospital, located at 160 North 'Midland Avenue, Nyack, New York, a staff member committed physical abuse and/or abuse (deliberate inappropriate use of restraints) when he conducted an unwarranted restraint with excessive force and improper technique, during which time he caused injury to Mr. Joseph?s face. These allegations have been SUBSTANTIATED as Category 2 physical abuse and Category 2 abuse (deliberate use of restraints) pursuant to Social Services Law 493(4)(b). For more information, please contact 1?800-624-4143 and ask to speak with our Individual and Family Support Unit, or email su rtcoordinator 'usticecenter.n . ov Of?ce of General Counsel NYS Justice Center for the Protection of People with Special Needs 161 Delaware Avenue Delmar, NY 12054 161 Delaware Avenue - Delmar. New York 12054 518-549-0200