13-001197 Harold Crane vs. Mount Sinai Medical Center Status: Closed Settled and/or Dismissed prior to entry of RO/FO on Monday, May 20, 2013.

STATE OF FLORIDA

COMMISSION ON HUMAN RELATIONS

HAROLD CRANE ,

Petitioner, FCHR C a s e N o. 2013 - 00489

v. DOAH Case No. 13 - 1197

MOUNT SINAI MEDICAL CENTER , FCHR Order No. 13 - 052

Respondent.

__________________________________/

FINAL ORDER DISMISSING PETITION FOR

RE LIEF FROM AN UNLAWFUL P UBLIC ACCOMMODATIONS PRACTICE

This matter is before the Commission for consideration of th e Order Granting

RespondentÓs Motion to Relinquish Jurisdiction, dated May 20, 2013, issued in the above - styled

matter by Administ rat ive 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 CommissionÓs order in Mena , infra, to mean

Ðonce 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 Adminis trative HearingsÈÑ

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 affirme d 109 So. 3 rd 787 (Fla. 1 st DCA 2013).

Exceptions

Neither of the parties filed exceptions to the Administrative Law JudgeÓ s Or der Granting

RespondentÓs 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 Commis sion 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

Commis sioner 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 1 00

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 35 th Avenue

Miami, FL 33133

Mount Sinai Medical Center

c/o Martin B. Goldberg , Esq.

Lash and Goldberg, LLP

10 0 South e a st 2 nd Street , Ste. 12 00

Miami, FL 33 1 31

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 ab ove listed

addressees this 23rd day of July , 2013 .

By: /s/

Clerk of the Commission

Florida Commission on Human Relations