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Judge approves hospital plan for medical arts pavilion in Long Beach, but appeal looms

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A State Supreme Court justice, sitting in Mineola, has cleared the way for Mount Sinai South Nassau Hospital to construct a medical arts pavilion near the former property of the Long Beach Medical Center. But an attorney for a residents group said Thursday he plans an appeal.

Judge Steven Jaeger has given a green light for the hospital to build a $40 million medical outpatient center at 440 E. Bay Drive. That is a property acquired by South Nassau in 2014, just adjacent to the former hospital destroyed by Superstorm Sandy.

The judged ruled against a group of residents who had challenged the Long Beach Zoning Board of Appeals decision to re-zone the East Bay Drive property from residential to medical building site.

Dennis Kelly, an attorney for the residents, said his appeal would be based on his contention that the Doctrine of Mergers does not apply in this case. Kelly said the doctrine was developed in case law and was used by hospital attorneys to gain the zoning board’s approval. The doctrine is defined as a merger of lots, if the lots are contiguous.

“The doctrine does not apply here, because all the lots are not contiguous,” Kelly said.

Kelly said he has filed a notice of appeal and expects to file a full appeal soon.

Joe Calderone, a hospital spokesman, said in a statement that many doctors left Long Beach after Sandy, “forcing residents to seek treatment off island. The new pavilion will also help revive the campus of the former Long Beach Medical Center.”