Michael Mataraza, Investigator in the Office of the Attorney General, Medicaid
Fraud Control Unit, One Blue Hill Plaza, Pearl River, New York, being duly sworn,
deposes and says, upon information and belief:
That on or about January 8, 2013, in the County of Ulster, and elsewhere in the
State of New York, the defendant, Patricia Smithmyer, committed the crimes of:
1. Falsifying Business Records in the First Degree, in violation of Penal Law § 175.10, a
class E felony
2. Wilful Violation of Health Laws, in violation of Public Health Law Sections 12-b (2)
and 2803-d(7), an unclassified misdemeanor
in that the defendant with intent to defraud and commit another crime and aid and
conceal the commission thereof, made and caused a false entry in the business records of
an enterprise, to wit: Golden Hill Health Care Center; and, while employed at a
residential health care facility, did willfully subject a resident to an act of neglect in
violation of Sections 12-b (2) and 2803-d (7) of the Public Health Laws, and a regulation
promulgated thereunder, to wit: 10 NYCRR §81.1 (c), by failing to provide timely,
consistent, safe, adequate, and appropriate services, treatment, and care to said resident of
a residential health care facility while such resident was under the supervision of the
The offenses were committed under the following circumstances:
Deponent is informed by interviews with witnesses known to the Office of the
Attorney General and with the defendant, a Registered Nurse (“RN”), and by a review of
the records of Golden Hill Health Care Center, a residential health care facility, that on or
about January 8, 2013, the defendant failed to provide Cardiopulmonary Resuscitation

(“CPR”) to resident FK, a person known to the defendant, though she knew FK was a
resident who requested that this procedure be performed as required to sustain her life
(“CPR resident”).
I have reviewed the records of Golden Hill Health Care Center regarding FK. On
January 8, 2013 FK was a resident of Golden Hill Health Care Center and dependent
upon the facility for her care. FK had an advance directive in place on January 8, 2013
which requested that all life preserving procedures, including CPR, be taken to sustain
her life. I am informed by staff at Golden Hill Health Care Center, whose full names are
known to me, that FK’s wishes were known and that, according to Golden Hill Health
Care Center’s protocol, her designation as a resident requesting that CPR be performed
was noted in her medical chart, on a list maintained at her unit’s nurses’ station and in the
supervising nurse’s office, and on a wristband worn by FK. I was informed by the
defendant that she knew FK was a CPR resident. I am further informed by witnesses,
whose full names are known to me, and the defendant that on January 8, 2013, the
defendant was a supervising nurse at Golden Hill Health Care Center when FK suffered
respiratory distress and staff members, including the defendant, responded to FK’s room.
I am informed by witnesses that while the defendant was in the room with other staff
members, FK stopped breathing but the defendant did not commence CPR nor did she
direct anyone else to commence CPR. According to witnesses the defendant stated “she’s
gone” and directed a staff member to call FK’s daughter to inform her of her mother’s
Upon review of Golden Hill Health Care Center’s CPR protocol, which adheres to
the protocol established by the American Heart Association, and interviews with staff,
CPR is to be commenced on a CPR resident unless there are signs of irreversible death,
and may only be stopped when the staff members are relieved by emergency medical
personnel or a physician issues an order. No signs of irreversible death were evident in
FK on January 8, 2013 immediately after she stopped breathing when defendant was in
her room and no physician issued an order to stop CPR efforts.
According to witnesses from Golden Hill Health Care Center’s administration,
whose full names are known to me, regulations require them to investigate incidents
which occur in the facility and report to the New York State Department of Health. As
part of their investigation into the death of FK they required written statements from
employees involved, including the defendant. I have reviewed the defendant’s written
statement in which she stated that she was not in FK’s room when she stopped breathing
and was only notified by other staff members seven to eight minutes after FK stopped

Notice: False Statements made herein are punishable as a Class A Misdemeanor under
Section 210.45 of the Penal Law

Special Investigator Michael Mataraza

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