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Months of legal and legislative wrangling appear to be working. The New Parkway Hospital in Forest Hills will continue to provide care to patients into this month.

The saga gained momentum when the Department of Health denied Parkway’s request to remain open past its Sept. 30 closing date to allow for restructuring. In the ensuing week, the hospital’s legal fight produced results. The Appellate Division of the New York State Supreme Court upheld the temporary restraining order issued by a lower court until October 10. Parkway will remain a full service acute care hospital for at least another week-and-a-half, but the restraining order is a source of hope.

“For us this is somewhat of a victory,” Parkway’s spokesman Fred Stewart said. “It shows the Appellate Court recognizes the validity of our case.”

The hospital recently emerged from bankruptcy with the help of a $55-million infusion from various sources and needs time to implement a restructuring plan. If given the time, Parkway would become Concordia Health Pavilion at Forest Hills, with a reconfiguration that includes an outpatient surgery center, an urgent-care center, and a pharmacy, among others.

“It doesn’t cost the state any money to keep this hospital open,” said State Sen. George Onorato (D-Astoria) at a gathering of legislators, employees and community supporters of Parkway on the steps of the Long Island City Supreme Court last Thursday. “This hospital needs to remain open.”

“The Berger Commission had six criteria set to see if a hospital was essential to a community,” Claudia Hutton, the Department of Health’s Director of Public Affairs, said. “Parkway Hospital got the lowest possible score on all six. There was no doubt the Commission would reach its decision.”

In an open letter to State Health Commissioner Dr. Richard F. Daines, five elected representatives, including Congressman Anthony Weiner, urged the hospital remain open.

“Given the current state of health care in Queens, it is important we keep Parkway open to avoid further strain on an already fragile system,” the letter read.

The conflict revolves around the findings of the Berger Commission, which recommended the closing of nine hospitals and reorganizing another 50 across the state. Former Governor George Pataki put together the Commission to reduce Medicaid costs, with a focus on nonprofit facilities. So it stumped many when Parkway, a struggling for-profit hospital which the Berger Commission itself called a low-cost community hospital, was ordered closed.

Parkway is one of only two proprietary acute care hospitals in New York. Senior citizens constitute 40 percent of their patients and it has approximately 600 employees. It has the second-lowest waiting time of any emergency room in the state. The closing will also cause all scheduled surgeries and inpatient services to end immediately.

“Our people can’t get to LIJ and Forest Hills [Hospital] easily,” civic leader and community activist Barbara Stuchinski said. “We can walk to Parkway Hospital.”

If history is an indicator, Parkway’s chances are slim. The Department of Health has not lost a single case involving Berger Commission recommendations.