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Hearing officer dismisses Daniel Taverna's appeal after ombudsman withdraws representation
Summary
A presiding officer dismissed the appeal of Daniel Taverna after the long-term care ombudsman withdrew representation at the appellant's request; the officer said the facility's notice of discharge is effective and that written confirmation will follow.
A presiding officer at an administrative hearing announced the dismissal of an appeal filed by Daniel Taverna, saying the appellant no longer wished to pursue representation by the long-term care ombudsman and had effectively abandoned the matter.
The presiding officer said, "I am going to dismiss this case for him abandoning the issue at hand," and added that the notice of discharge given to Mr. Taverna is effective. The officer told those present that the court would follow up in writing: "we will be following that up in writing, which you should get."
Brenda Textador, who attended on behalf of the ombudsperson's office, was present during the announcement. The presiding officer also said the hearing record did not include a formal written withdrawal of the appeal, and that the dismissal rested on Mr. Taverna's decision to discontinue representation and not pursue the matter further.
A facility representative asked whether staff should notify local law enforcement or otherwise prevent Mr. Taverna from returning immediately or wait until the mailed documentation arrives. The presiding officer advised it would be wiser to wait until the written dismissal is received before taking enforcement steps.
The presiding officer closed the case on the record and confirmed that written notice of the dismissal would be sent to the parties. No formal motions, votes by other members, or statutory citations were recorded in the hearing transcript.
