YAPHANK - The buyer who signed the contract to purchase the John J. Foley Skilled Nursing Facility in Yaphank says he wants to cancel the $36 million deal.

The buyer, Kenneth Rozenberg, wants his million-dollar deposit back, citing the cuts to health care under the proposed state budget. If the sale falls through, a representative from County Executive Steve Levy's (R-Suffolk) office says they will move to shut down the 250-bed facility.

Further complicating the issue, the Suffolk County Legislature was set to approve a new contract for the Association of Municipal Employees. The union ratified the contract yesterday, but it may now be in jeopardy because some of the profits from the sale of the nursing home were to help fund the union contract.

A spokesperson for Levy's office says they?ll find money to ensure that employees get paid and that the facility stays open until they can speak with the county attorney.