Pending her confirmation by the New York State Senate, Ms. Crossdale will serve
as Acting Director, where she will lead NYSOFAs efforts to improve access to cost - effective non-medical support services for older individuals to maximize their ability to age in their community and avoid higher levels of publicly - financed care.
In the court's view, where,
as here: (1) the
Director under the OBCA issues a certificate pursuant to a rectification order; (2) the appellant could reasonably have sought a stay of the rectification order
pending appeal; (3) the court is not satisfied that no third party
acted, directly or indirectly, in reliance on the certificate issued pursuant to the rectification order and would not be prejudiced by its revocation; and (4) there are no special circumstances which justify exercising the power to cancel the certificate, thereby undermining certainty in a court - approved corporate fundamental change, the principle in Norcan requires the court to decline to exercise its authority to order the revocation of that certificate or otherwise unwind the court - approved corporate fundamental change.
In the interim, Mulvaney continues to serve
as acting Director, reviewing
pending enforcement actions and placing a hold on new enforcement actions, in addition to implementing a hiring and regulatory freeze for 30 days.