The Commission on Health Care Facilities for the 21st Century may see its recommendations on closing and restructuring hospitals hit a dead end if the incoming governor has his way.

Created in April 2005, the commission — which has met criticism from politicians and activists alike — is scheduled to roll out its recommendations at the beginning of December for improving the hospital and nursing home systems. If approved by Governor Pataki, the Legislature will have 30 days to accept or veto the recommendations.

Mr. Pataki would have only days left in office when the recommendations became law, and the candidates to replace him as governor say that while they will consider the recommendations, they will not view them as binding law.

Attorney General Eliot Spitzer, the leading candidate in the gubernatorial race, voiced his support of hospital closings but said he would not feel required to follow the commission’s recommendations.

“He’s not said he will be bound by it, but he will take the recommendations put forward by the commission very seriously when it comes to making the tough decisions about which hospitals will have to close,” Mr. Spitzer’s press secretary, Christine Anderson, said. Mr. Spitzer has expressed his support for legislation that would move the deadline for the commission’s report to March 2007 and would revisit some of the measures for assessing hospitals. In the past, he has said that he does not want to be bound by recommendations he had no part in influencing.

The Republican candidate for governor, John Faso, said he saw the legislation to move the deadline as “an invitation to perpetuate the current system and to have politics influence what should be determined by health considerations, not politics.” Mr. Faso said it was possible he would support the recommendations of the commission. “I believe that the Berger commission is going about its charge according its statutory mandate, and I believe that we should see their recommendations,” he said. “I would be disposed to allowing the commission to go forward.”

Mr. Spitzer’s Democratic opponent, Thomas Suozzi, would be more reluctant to take on the recommendations. “Passing legislation hours before leaving office that fundamentally effects the safety and health of New Yorkers and may damage rural and minority communities is very bad government,” Mr. Suozzi’s policy director, Harry Siegel, said. “Tom Suozzi would fight tooth and nail to have a better law passed and would not budget in a fashion that would compel these closings.”

Despite promises that its report may not be viewed as law by the new governor, the executive director of the commission, David Sandman, maintained that the work was worthwhile.

“We’re focused on getting our jobs done on the schedule as given to us by the legislature,” he said, “We can either stick our heads in the sand, ignore reality, and pretend that change is not happening or we can try to direct to direct in ways that support our policy goals such as access to care,” he said of hospitals that are struggling financially and may opt to close or make changes on their own. He said the needs of individual communities are being taken into account and will be taken into account for the final recommendations.