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Home / Complaints / Final Orders / Final Orders 2013 / FCHR Order No. 13-052

FCHR Order No. 13-052

Date of Release: 07/23/2013

STATE OF FLORIDA

COMMISSION ON HUMAN RELATIONS

 

HAROLD CRANE

 
 

Petitioner

FCHR Case No.

2013-00489

   

DOAH Case No.

13-1197

 

v.

FCHR Order No. 13-052

 

MOUNT SINAI MEDICAL CENTER

 
 

Respondent

 
     

FINAL ORDER DISMISSING PETITION FOR

RELIEF FROM AN UNLAWFUL PUBLIC ACCOMMODATIONS PRACTICE

This matter is before the Commission for consideration of the Order Granting Respondent’s Motion to Relinquish Jurisdiction, dated May 20, 2013, issued in the above-styled matter by Administrative Law Judge June C. McKinney.

Findings of Fact and Conclusions of Law

This case involves allegations of unlawful public accommodations discrimination.

The Administrative Law Judge interpreted the Commission’s order in Mena, infra, to mean “once it has been established that a hospital is an entity licensed by [the Agency for Health Care Administration] (a fact clearly not in dispute in this proceeding), then there is no dispute of material fact remaining to be determined by the Division of Administrative Hearings…”

We conclude that the record as it exists before the Commission does not indicate that the Commission has jurisdiction of the matter.

Consequently, we conclude the matter should be dismissed. Accord, Mena v. Lifemark Hospitals of Florida, Inc., d/b/a Palmetto General Hospital, FCHR Order No. 12-023 (May 16, 2012), per curiam affirmed 109 So. 3rd 787 (Fla. 1st DCA 2013).

Exceptions

Neither of the parties filed exceptions to the Administrative Law Judge’s Order Granting Respondent’s Motion to Relinquish Jurisdiction.

Dismissal

The Petition for Relief and Complaint of Discrimination are DISMISSED with prejudice.

The parties have the right to seek judicial review of this Order. The Commission and the appropriate District Court of Appeal must receive notice of appeal within 30 days of the date this

FCHR Order No. 13-052

Page 2

Order is filed with the Clerk of the Commission. Explanation of the right of appeal is found in Section 120.68, Florida Statutes, and in the Florida Rules of Appellate Procedure 9.110.

DONE AND ORDERED this 23rd day of July , 2013.

FOR THE FLORIDA COMMISSION ON HUMAN RELATIONS:

Commissioner Gilbert M. Singer, Panel Chairperson;

Commissioner Lizzette Romano; and

Commissioner Mario M. Valle

Filed this 23rd day of July , 2013,

in Tallahassee, Florida.

/s/

Violet Crawford, Clerk

Commission on Human Relations

2009 Apalachee Parkway, Suite 100

Tallahassee, FL 32301

(850) 488-7082

Copies furnished to:

Harold Crane

c/o Matthew W. Dietz, Esq.

Law Offices of Matthew W. Dietz, P.L.

2990 Southwest 35th Avenue

Miami, FL 33133

Mount Sinai Medical Center

c/o Martin B. Goldberg, Esq.

Lash and Goldberg, LLP

100 Southeast 2nd Street, Ste. 1200

Miami, FL 33131

June C. McKinney, Administrative Law Judge, DOAH

James Mallue, Legal Advisor for Commission Panel

FCHR Order No. 13-052

Page 3

I HEREBY CERTIFY that a copy of the foregoing has been mailed to the above listed addressees this 23rd day of July , 2013.

By: /s/

Clerk of the Commission

Florida Commission on Human Relations