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Post date: February 4 2002

Court Issues Decision In Case Against Kingston Adult Residence

Attorney General Spitzer today announced that a State Supreme Court Judge has issued a decision that has banned the management of an Ulster County adult care facility accused of draining the life savings of a number of its elderly residents from any future dealings with the institution.

The decision, issued by Supreme Court Judge Mark C. Dillon, orders the corporate dissolution of Kingston Adult Residence, Inc. (KAR), permanently bans its operators: Linda and Robert Provost, Sr.; their sons, Gary and Robert Provost, Jr.; and the wife of Robert, Jr., Carol Provost, from operating or being associated with an adult home in New York State.

"When I filed the case against Kingston Adult Residence and the Provosts I said I was seeking justice for some of our state’s most vulnerable, calling the acts committed against the aged and infirm in this matter a heinous fraud," said Spitzer. "Rather than providing a sanctuary for the elderly, the operators set hidden financial traps for aging residents that drained their hard earned life savings. The court’s firm and focused order will deliver that justice."

In addition, the court has appointed the Hon. John M. Perone, a recently retired State Court of Claims Judge, as temporary receiver to run the business; oversee the health, safety, and welfare of the current residents; effectuate the transfer of residents incapable of living independently; and access KAR’s financial records and funds to care for the residents.

The Attorney General alleged in his petition that at least 19 victims suffered financial losses in excess of $1.3 million. The court has ordered a full accounting of the funds of all KAR residents from January 1, 1995 to the present, and will conduct an evidentiary hearing to determine restitution.

The next court appearance is scheduled for Tuesday, February 5, 2002.

The 18-month civil investigation was handled by the Attorney General’s Poughkeepsie Regional Office by: Assistant Attorney General In-Charge Mary Kavaney, Assistant Attorney General Nicholas Garin, Accountant-Investigator Lester J. Dier, Senior Investigator Peter Schwindeller, and New York State Police Investigator Mike Vazquez.