Several New York hospitals slated for closure or mergers by the state’s Commission on Health Care Facilities in the 21st Century are fighting for their survival through lawsuits and direct appeals to the state’s Department of Health. The commission’s recommendations, which now carry the force of law, included closing nine hospitals and seven nursing homes and merging or downsizing another 48 hospitals and 14 nursing homes. Several hospitals on the list have filed a lawsuit against the commission, claiming that it was illegally established and that its commissioners should have been elected, reports Newsday. Whether the Department of Health has the power or authority to negotiate with healthcare facilities on the commission’s list is unclear, says Newsday, and New York Gov. Eliot Spitzer only recently appointed his administration’s new health commissioner.