DISCUSSION ITEM
SUMMARY OF THE FEBRUARY MEETING
OF THE BOARD OF REGENTS
OF
THE UNIVERSITY OF THE STATE OF NEW YORK
Held at the State Education Building
Albany, New York
February 12 and 13, 2007
David Johnson, Secretary
Board of Regents
THE BOARD OF REGENTS
The Board of Regents of The University of the State of New York held public sessions on Monday, February 12 at 10:00 a.m. and Tuesday, February 13 at 12:00 p.m. pursuant to a call duly sent to each Regent.
MEETING OF THE FULL BOARD, Monday, February 12, 10:00 a.m.
Board Members in Attendance:
Robert M. Bennett, Chancellor
Adelaide L. Sanford, Vice Chancellor
James C. Dawson
Merryl H. Tisch
Geraldine D. Chapey
Arnold B. Gardner
Harry Phillips, 3rd
James R. Tallon, Jr.
Milton L. Coffield
John Brademas
Roger B. Tilles
Karen Brooks Hopkins
Also present were the President of The University and Commissioner of Education, Richard P. Mills, Deputy Commissioner for Legal Affairs, Kathy A. Ahearn, and the Secretary, Board of Regents, David Johnson. Regents Saul B. Cohen, Anthony S. Bottar and Joseph E. Bowman, Jr. were absent and excused.
Chancellor Bennett called the meeting to order at 10:00 a.m.
ACTION ITEMS
Executive Session Motion
MOVED, that the Board of Regents convene in Executive Session on Tuesday, February 13, at 11:15 a.m. for the purpose of discussing personnel matters.
Motion by: Vice Chancellor Adelaide L. Sanford
Seconded by: Regent James C. Dawson
Action: Motion carried unanimously
Charter Applications for February 2007
BR (A) 1
MOVED,
that the Regents approve each application in accordance with the recommendations contained in the respective summaries, with a change in the address in the application for a Provisional Charter for the Albany-Saratoga Sub Vets Memorial Foundation.
Motion by:
Regent James C. Dawson
Seconded by:
Regent James R. Tallon, Jr.
Action:
Motion carried unanimously
Summary of the January 2007 Meeting
BR (A) 2
MOVED,
that the Summary of the January 2007 Meeting of the Board of Regents of The University of the State of New York be approved.
Motion by: Regent James R. Tallon, Jr.
Seconded by: Regent James C. Dawson
Action: Motion carried unanimously
Commissioner’s Report to the Board
The Commissioner’s written monthly report focused on thirteen subject areas the Board will vote upon or discuss during the monthly meeting: A Challenge We Must Meet; Setting Graduation Targets; New York Exceeds Targets for Least Restrictive Environment; Reexamining the Special Education Certification Structure; Ensuring Higher Education Standards; Early Education Actions; Roosevelt; Preliminary Plan for Perkins Career and Technical Education; Saturday Hours at the state Library and State Archives; NOVEL; Library Funding; Practice Alerts Protect the Public; and, Trusteeship Committee. Also, attached is a listing of Major Regents and Commissioner’s Actions under the 2007-2008 Executive Budget.
In discussion, Board members suggested inviting school principals to participate in high school graduation rate target deliberations and requested additional information on the process for establishing high school graduation targets.
MEETING OF THE FULL BOARD, Tuesday, February 13, 12:00 p.m.
Board Members in Attendance:
Robert M. Bennett, Chancellor
James C. Dawson
Anthony S. Bottar
Merryl H. Tisch
Geraldine D. Chapey
Arnold B. Gardner
Harry Phillips, 3rd
John Brademas
Roger B. Tilles
Karen Brooks Hopkins
Also present were the President of The University and Commissioner of Education, Richard P. Mills, Deputy Commissioner for Legal Affairs, Kathy A. Ahearn, and the Secretary, Board of Regents, David Johnson. Vice Chancellor Adelaide L. Sanford, Regents Saul B. Cohen, Joseph E. Bowman, Jr., James R. Tallon, Jr., and Milton L. Cofield were absent and excused.
Chancellor Bennett called the meeting to order at 12:00 p.m.
ACTION ITEMS
State Education Department January 2007 Fiscal Report
BR (A) 3
The Board received the January 2007 Fiscal Report for review and acceptance. Also included is a Variance Report that summarizes expenditure funding changes in the Office of Higher Education and Office of Operations and Management Services.
General fund and federal accounts are in structural balance. It is anticipated the Office of Elementary, Middle, Secondary and Continuing Education (EMSC) will undertake additional priority activities over the coming years, and dependent on the extent of which activities are accomplished and expenses are incurred in the 2006-2007 federal fiscal year, the program will draw upon prior year balances to cover the costs which may create a structural imbalance.
Revenue accounts are in structural balance, allowing for normal reimbursement delays in the planned use of prior year balances. After expending prior year funds, the Archives Partnership Trust (APT) will use sufficient revenue from the APT endowment, pursuant to Chapter 399 of the Laws of 1998, to maintain structural balance.
MOVED, that the Board of Regents accept the January 2007 State Education Department Fiscal Report as represented.
Motion by:
Regent Harry Phillips, 3rd
Seconded by: Regent Anthony S. Bottar
Action: Motion carried unanimously
APPOINTMENTS
Appointment of Deputy Commissioner for Cultural Education
BR (A) 4
and
Appointment of Deputy Commissioner for Innovation and Chief of Staff
BR (A) 5
and
Appointment of Senior Deputy Commissioner for Education – P-16
BR (A) 6
MOVED,
that the Board of Regents accept the appointment of Jeffrey W. Cannell to the position of Deputy Commissioner for the Office of Cultural Education, effective March 22, 2207.
MOVED, that the Board of Regents accept the appointment of David J. Miller to the position of Deputy Commissioner for Innovation, effective March 22, 2007.
MOVED, that the Board of Regents accept the appointment of Johanna Duncan-Poitier to the position of Senior Deputy Commissioner for Education – P-16, effective March 22, 2007.
Motion by: Regent Anthony S. Bottar
Seconded by: Regent Merryl H. Tisch
Action: Motion carried unanimously
STANDING COMMITTEE REPORTS
MOVED, that the reports from the Regents Standing Committees be approved as submitted.
Motion by: Regent James C. Dawson
Seconded by: Regent Arnold B. Gardner
Action: Motion carried unanimously
REGENTS COMMITTEE ON AUDITS
The Regents Subcommittee on Audits met on February 12, 2007. Staff provided follow-up information on items discussed at previous meetings. The Statement on the Governance Role of a Trustee or Board Member is ready for printing and will soon be distributed to USNY institutions. The Subcommittee was also informed that audit staff has begun an audit at the William Floyd Union Free School District as was discussed in the December meeting. In addition, audit staff has begun visiting school districts as part of verification of the Violence and Disruptive Incident Reporting System.
The first item on the agenda was a presentation on the results of the New York State Single Audit as it related to the State Education Department. This audit engagement is conducted by an accounting firm under contract with the New York State Division of the Budget. Staff from the accounting firm of Toski, Schaefer & Co. presented the results of the audit. The United States Office of Management and Budget requires an audit of any entity receiving in excess of $500,000 in federal funds. The State Education Department received in excess of $3 billion during the audit period. Staff described the process used to select the individual federal programs for detail audit, went over the five findings related to the Department, and commented on the significance of the findings.
The Department audit findings related to the failure of the Department to receive single audits from all subrecipients and issue management decisions, missing suspension and debarment certifications for some contractors, late or unsigned eligibility determinations for VESID consumers, and the failure to perform on-site monitoring of a grant program. For each finding the Department submitted a corrective action plan. As part of the audit process the auditors also inquire as to corrective actions on prior year audit findings.
The Subcommittee was presented with 26 audit reports. All of the reports were issued by the Office of the State Comptroller. One of the reports was of a Town that had been providing funds to a school district to operate programs. The remaining audits focused on school districts and a BOCES.
Two of the audits identified situations where the lack of information had a direct impact on the preparation of the budget and the public’s perception of the cost. The other audits contained three recurring observations. Auditors continue to identify poor controls over capital assets. The poor controls identified were a lack of policy and procedures, failure to identify staff responsible for controlling the process, a lack of current inventory records, or a lack of periodic physical inspection. Another recurring area of observation in the report was weaknesses in the purchasing function at districts. The weaknesses identified included inadequate claims auditing, failure to obtain bids or quotes and overspending budget accounts. The third area involved financial controls and included inadequate separation of duties, and weaknesses in cash receipts and disbursements.
The list of all of the audits presented is detailed below.
Office of the State Comptroller
Center Moriches Union Free School District
Seaford Union Free School District
Saugerties Central School District
Northeast Central School District
Madison Central School District
Spencer-Van Etten Central School District
Nassau BOCES
Dunkirk City School District
Remson Central School District
Newfield Central School District
Akron Central School District
Warsaw Central School District
Taconic Hills Central School District
Greene Central School District
Ticonderoga Central School District
Charlotte Valley Central School District
Town of Greenburgh
Schenevus Central School District
Mahopac Central School District
Odessa-Montour Central School District
Groton Central School District
Gorham-Middlesex Central School District
Hoosick Falls Central School District
Galway Central School District
Elmira Heights Central School District
Dalton-Nunda Central School District
The members of the Subcommittee discussed the need to more broadly communicate the results of the audits. It was the feeling of some of the members that the results of audits, as well as corrective actions taken and sanctions imposed, need to be communicated to the public and to other school districts.
Other discussions centered on the need for the training of Superintendents and business officials on the intricacies of estimating the required tax levy associated with the budget development process. The implementation of a foundation aid formula accompanied by large increases in the STAR program may create difficulties in the budget development process.
Finally, it was suggested that the auditors continue to pursue close cooperation between the Department and the Office of the State Comptroller.
REGENTS COMMITTEE ON CULTURAL EDUCATION
Regent James C. Dawson, Chair of the Cultural Education Committee, submitted the following written report:
Your Committee on Cultural Education had its scheduled meeting on February 12, 2007 in Room 146, Main Education Building. Regents Dawson, Phillips, Gardner, Brademas, Brooks Hopkins, Chapey, Tallon, and Tilles were in attendance.
ITEMS FOR DISCUSSION
Chair’s Remarks
Regent Dawson reported good progress on advocacy with the Legislature. The Senate has introduced a bill putting forth the library initiative (The New York Knowledge Initiative).
�
Report from the Deputy
Acting Deputy Commissioner Chris Ward presented the following updates to your Committee.
Budget Highlights
The Executive Budget includes a $2 million increase for public broadcasting, $14 million for library construction, $3 million for library systems, $6.25/pupil for Library Materials Aid (increase from $6 - $10 was requested), nothing for NOVEL, $20 million removed from the CE Fund, $60 million bonded funds in capital for the new facility ($40 million new funds). This is somewhat less than what is needed to fully fund a building to deal with all of our highest priorities, but it will take us a long way toward that goal. Board members will be discussing how to deal with this in the Trustees meeting.
Trustees meeting on Tuesday
The Committee will be discussing their governance role for the Museum, Library, and Archives, and getting updates on the Museum renewal and the new facility in light of the $60 million capital item in the Executive Budget.
Gates Library Foundation
The Gates Foundation is launching a new five-year national grant strategy to help libraries serving low income communities stay connected. The New York State Library has been invited to participate in the first round of states that are eligible for this new funding. This new initiative could bring up to $3 to $5 million dollars to New York State’s public libraries. The initiative will help public libraries sustain their public access computing services by developing community partners.
State Museum Screening
The State Museum is one of about 30 museums nationwide that is offering public screenings of the documentary “Flock of Dodos: The Evolution-Intelligent Design Circus” on and around Darwin Day, February 12. The feature-length documentary film explores the controversy between Darwin’s theory of evolution and the argument of intelligent design. Three public screenings were featured on Saturday. The next screening is Monday at 7.
World Trade Center Documentation Symposium
The symposium takes place at New York University on March 29. The five-year project was begun right after the attacks to document the impact of September 11 on New Yorkers. Funded by NHPRC (since zeroed out of the President’s proposed budget) and coordinated by the Archives, the project includes survivors and family organizations among its partners.
Saturday Hours for Library and Archives
The State Library and the State Archives have proposed a pilot project to provide weekend hours for public access. The proposal was presented to the CE Committee at the January meeting. At this meeting, the Committee voted to carry out a pilot of no less than 6 month duration and charged the Office of Cultural Education (OCE) to make this a funding priority.
Oversight of External Cultural Institutions
The first in a series of annual reports on the impact of cultural programs on education was presented. There is currently limited research in this area, except for data on school libraries. OCE has begun a process of gathering and analyzing data from cultural institutions to determine the extent to which programs are aligned to the standards. The intent is to expand the research to gather data on impact of cultural programs on student achievement.
Public Library Construction
Applications have been received and awards will be made soon of the $14 million in public library construction grants provided in the 2006/07 budget, which the Regents were instrumental in obtaining. Building on their success in 2006/07, the Regents have proposed the New York Knowledge Initiative, which would provide $14 million in public library construction, as proposed in the Executive Budget, and $30 million annually thereafter. The State Library received 206 applications for $95 million in public library construction and renovation projects, illustrating the tremendous need for additional funds for public library construction.
Education and Information Program for NOVEL
NOVEL provides statewide access to electronic information resources and implements one of the recommendations of the Regents Commission on Library Services. NOVEL provides resources that are reliable, consistent, and not freely available on the Internet. The State Library has contracted a consulting firm to develop a communications plan intended for implementation over the next three years. Staff recommend that the Regents support implementation of the plan and allocation of the resources required for its success. Regent Gardner offered to help the Library contact the new Commissioner of DMV re: including information on NOVEL
NY
in Driver License applications and other possible cross-promotions.
REGENTS COMMITTEE ON ELEMENTARY, MIDDLE, SECONDARY AND CONTINUING EDUCATION – VOCATIONAL AND EDUCATIONAL SERVICES FOR INDIVIDUALS WITH DISABILITIES
Your EMSC-VESID Committee held its scheduled meeting on February 12, 2007. Regent Bowman was absent and excused.
ACTION ITEMS
Charter Schools
�
Your Committee recommends approval of the revision to the initial charter of the Albany Community Charter School as proposed by the Board of Trustees of the State University of New York,
and that the provisional charter be amended accordingly
. [EMSC-VESID (CA) 1]
�
Your Committee recommends
approval of the revision to the initial charter of the Child Development Center of the Hamptons Charter School as proposed by the Board of Trustees of the State University of New York, and that the provisional charter be amended accordingly
. [EMSC-VESID (CA) 1]
�
Your Committee recommends
approval of the revision to the initial charter of the KIPP Sankofa Charter School as proposed by the Board of Trustees of the State University of New York,
and that the provisional charter be amended accordingly
. [EMSC-VESID (CA) 1]
�
Your Committee recommends
approval of the revision to the first renewal charter of the New Covenant Charter School as proposed by the Board of Trustees of the State University of New York,
and that the provisional charter be amended accordingly
. [EMSC-VESID (CA) 1]
Regulations
�
Your Committee recommends that subparagraph (ii) of paragraph (7) of subdivision (b) of section 100.5 of the Regulations of the Commissioner of Education relating to State assessments and graduation and diploma requirements be amended, as submitted, effective March 8, 2007. [EMSC-VESID (A) 1]
�
Your Committee recommends that paragraph (2) of subdivision (d) of section 120.4 of the Regulations of the Commissioner of Education relating to supplemental educational services be amended; that a new paragraph (3) of subdivision (d) of section 120.4 be added; and that subdivision (f) of section 120.4 be amended, as submitted, effective March 8, 2007. [EMSC-VESID (A) 2]
Policy
� Your Committee recommends approval of the Board of Regents Policy Statement on Improving Student Achievement and School Performance through Parent and Family Partnerships contained in Attachment A and directs State Education Department to develop a plan for implementation of the revised policy. [EMSC-VESID (A) 4]
MOTION FOR ACTION BY FULL BOARD
Mr. Chancellor and Members of the Board: Your EMSC-VESID Committee recommends, and I move, that the Board of Regents act affirmatively upon each of the recommendations set forth in the written report of the deliberations of the Committee at its meeting on February 12, 2007, copies of which have been distributed to each Regent.
MATTERS NOT REQUIRING BOARD ACTION
Career and Technical Education Interim State Plan [EMSC-VESID (A) 3]
The Committee tabled action on the interim State Plan until the March meeting, at which time they will receive a monitoring report on implementation of the Regents policy on career and technical education. The resubmitted interim State Plan will include supplemental information on the definitions of Tech Prep programs vs. approved career and technical education programs and career vs. technical education, the rationale for merging Title II Tech Prep funds with the regular formula funds, and data on the success of Tech Prep programs and students.
Special education annual performance report [EMSC-VESID (D) 1]
Staff was asked to provide updated data on disproportionality by specific categories of disability as soon as it becomes available. The Committee’s discussion included who makes classification decisions and the criteria for those decisions, the lack of data on children in foster care, and defining best practices.
Early Education for Student Achievement in a Global Community: Monitoring report on status of implementation of 2006-07 dashboard activities [EMSC-VESID (D) 2]
Staff outlined the proposals in the Executive’s Budget relating to early childhood education and will incorporate additional actions as appropriate in the implementation plan for the Regents policy.
Regents 24-month calendar [EMSC-VESID (D) 3]
The Committee noted that the 24-month calendar will be adjusted to include actions that will be required with the passage of the Executive’s Budget.
Mandated Services Aid [Oral report]
Commissioner Mills informed the Committee about the steps being taken to resolve the method of calculation for mandated services aid for nonpublic schools to comply with the Regents policy on recordkeeping on student attendance. It is expected that resolution will be achieved shortly so that forms for reimbursement for the 2005-06 costs will be distributed. The Committee indicated its support to change the Commissioner’s Regulation to eliminate the Comprehensive Attendance Policy requirement for nonpublic schools. A proposed amendment to the regulations will be submitted in March.
No Child Left Behind Testing Issues
The Committee opposed a motion made by Regent Phillips that the Board of Regents go on record that it would not in the future administer the English language arts test to English language learners who have been enrolled in school for one year or more or administer tests aligned with the chronological age of the two percent ungraded special education students, and that the Department will not submit the student performance data on the results to the U.S. Department of Education. The vote was 2 yes (Regents Phillips and Tilles) and 4 no.
REGENTS COMMITTEE ON HIGHER EDUCATION
AND PROFESSIONAL PRACTICES
Your Higher Education and Professional Practice Committee held its scheduled meeting on February 13, 2007. All members were present, except Regent Saul B. Cohen, and Regent Milton L. Cofield, who were excused, and Regent Arnold B. Gardner who was present for the public session, but excused for the executive session.
ACTION ITEMS
Professional Discipline Cases
Your Committee recommends that the reports of the Regents Review Committees, including rulings, findings of fact, determinations as to guilt, and recommendations, by unanimous or majority vote, contained in those reports which have been distributed to you, be accepted in 12 cases. In addition, your Committee recommends, upon the recommendation of the Committee on the Professions, that 31 consent order applications and 7 surrender applications be granted.
These recommendations are made following the review of 50 cases involving ten registered professional nurses, six pharmacists, four licensed practical nurses, four licensed practical nurses who are also registered professional nurses, two acupuncturists, two chiropractors, two podiatrists, two veterinarians, one architect, one dentist, one land surveyor, one licensed clinical social worker, one licensed master social worker, one licensed practical nurse who is also a registered professional nurse who is also a nurse practitioner, one massage therapist, one occupational therapist, one pharmacy, one professional engineer, and one registered professional nurse who is also a nurse practitioner.
Consent Agenda Items
Your Committee recommends that the Board of Regents approve the appointments and reappointments of members to the State Boards for the Professions, a member to the State Board for Professional Medical Conduct, and the appointments and reappointments of extended members to the State Boards for the Professions for Service on Licensure Disciplinary and/or Licensure Restoration and Moral Character Panels.
[HE&PP (CA) 1]
Your Committee recommends that the Board of Regents amend the master plan of Rensselaer Polytechnic Institute to authorize the Institute to offer a Doctor of Philosophy (Ph.D.) degree program in Electronic Arts. [HE&PP (CA) 2]
Your Committee recommends that the Board of Regents amend the master plan of Globe Institute of Technology to authorize the Institute to offer an Associate in Applied Science (A.A.S.) degree program in Healthcare Management. [HE&PP (CA) 3]
Your Committee recommends that the Board of Regents approve the recommendations of the Committee on the Professions regarding Licensing Petitions. [HE&PP (CA) 4]
Your Committee recommends that the Board of Regents amend section 70.3 of the Regulations of the Commissioner of Education relating to examination requirements for licensure in public accountancy. [HE&PP (CA) 5]
Action Items
Your Committee recommends that the Board of Regents accredit with conditions for three years the teacher education programs offered by Roberts Wesleyan College, as listed in the Summary of the Application for Accreditation, effective February 13, 2007, for a period beginning immediately and ending on February 12, 2010, under the condition that the College’s annual reports address all areas for improvement or compliance as identified by the PSPB, with particular attention to faculty, curriculum, resources, and assessment of candidate achievement and the teaching effectiveness of graduates. [HE&PP (A) 1]
Your Committee recommends that the Board of Regents accredit with conditions for three years the teacher education programs offered by Yeshiva University, as listed in the Summary of the Application for Accreditation, effective February 13, 2007, for a period beginning immediately and ending on February 12, 2010, under the condition that the University submit a compliance work plan within 60 days following Regents action. The actions described in the work plan must produce full compliance within the three-year term of accreditation and address each area for improvement in detail and provide evidence of work in high-needs schools. [HE&PP (A) 2]
Your Committee recommends that the Board of Regents accredit with conditions for three years the Childhood Education Program offered by Boricua College effective February 13, 2007, for a period beginning immediately and ending on February 12, 2010, under the condition that the College submit a compliance work plan within 60 days following Regents action to link to the actions and plans addressing all areas for improvement identified by the RATE team, with a focused site-visit to be conducted in 2007. [HE&PP (A) 3]
Your Committee recommends that the Board of Regents renew the institutional accreditation of The Rockefeller University for a period of ten years ending on February 12, 2017. [HE&PP (A) 4]
Your Committee recommends that the Board of Regents renew the institutional accreditation of Holy Trinity Orthodox Seminary for a period of ten years ending on February 12, 2017. [HE&PP (A) 5]
Your Committee recommends that the Board of Regents amend Subpart 4-1 of the Rules of the Board of Regents relating to voluntary institutional accreditation for Title IV purposes effective March 8, 2007. [HE&PP (A) 6]
Your Committee recommends that the Board of Regents accredit for three years the teacher education programs offered by Touro College, as listed in the Summary of the Application for Accreditation, effective February 13, 2007, for a period beginning immediately and ending on February 12, 2010. [HE&PP (A) 7]
MOTION FOR ACTION BY FULL BOARD
Mr. Chancellor and Colleagues: Your Higher Education and Professional Practice Committee recommends, and I move, that the Board of Regents act affirmatively upon each recommendation in the written report of the Committee's deliberations at its meeting on February 13, 2007, copies of which have been distributed to each Regent.
MATTERS NOT REQUIRING BOARD ACTION
Your Committee discussed several topics of interest, including:
�
A practice alert for professional standards of care in mental health practice. Practice alerts are the latest developments in the Office of the Professions to prevent professional misconduct and protect the public. The Committee heard a presentation and discussed a report that illustrates the importance of practice alerts and how they inform practitioners about possible pitfalls and how to avoid those pitfalls while still providing competent services. [HE&PP (D) 1]
�
Policy recommendations related to remedial/developmental coursework and strengthening of admissions policies in all higher education institutions in New York State. The recommendations propose to:
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Clearly define and differentiate remedial and developmental coursework from credit bearing college coursework to ensure that students are appropriately prepared to succeed and to graduate, and
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Strengthen admissions policies and ensure prospective college students, especially those without a high school diploma or GED, have accurate information on the college, job placement and/or transfer opportunities necessary to make educated enrollment decisions.
These are the two remaining recommendations of the five originally endorsed by the Board of Regents in May 2006.
The key issues discussed by the Committee this month as well as input from all four sectors of higher education will inform the future discussion and consideration of regulatory amendments to implement these recommendations. [HE&PP (D) 2]
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Reexamining the Special Education Certification structure. As part of the review and monitoring of the Regents Teaching Policy, the Committee heard a presentation and discussed approaches that could be taken to examine the special education certification structure. What used to be one certificate can now be as many as 45, which may be contributing to the shortage of special education teachers. Key components that must be considered in a restructured system were discussed as well as processes to be followed. One key issue discussed was how to ensure appropriate academic preparation for teachers while still making teaching students with disabilities attractive as a career. [HE&PP (D) 3]
�
The Committee briefly discussed the 24-month calendar and the fact that, based on the Governor’s budget proposal, modifications may have to be made to accommodate additional critical work related to P-16. [HE&PP (D) 4]
Appendix I
NEW YORK
STATE BOARD OF REGENTS CHARTER ACTION
CULTURAL EDUCATION
ABSOLUTE CHARTER
MORTON MEMORIAL LIBRARY
Pine Hill, Ulster County
A provisional charter was granted to this corporation by action of the Board of Regents on October 23, 1987 to operate an association library. Such provisional charter was extended by Regents action on October 16, 1992 and September 19, 1997. The board of trustees has applied for an amendment to the provisional charter to designate the service area as the census designated place (CDP) known as Pine Hill, New York as of the 2000 U.S. Census, and, as so amended, for an absolute charter.
The Office of Cultural Education recommends that the
provisional charter be amended accordingly and, as so amended, be made absolute.
AMENDMENT OF CHARTERS
BLACK RIVER CANAL MUSEUM
Boonville, Oneida County
A provisional charter was granted to this corporation by action of the Board of Regents on December 12, 2003 to disseminate information and stimulate public interest in historic preservation of the Black River Canal. The board of trustees has applied for an amendment to the provisional charter to change the corporate name to “Boonville Black River Canal Museum.” The Office of Cultural Education recommends that the provisional charter be amended accordingly.
BLACK RIVER FREE LIBRARY
Black River, Jefferson County
A provisional charter was granted to this corporation by action of the Board of Regents on December 2, 1915 to operate an association library. Such provisional charter was extended by Regents action on July 18, 1941, September 20, 1946, November 30, 1951, October 26, 1956, February 23, 1962, February 24, 1967 and was made absolute by Regents action on June 23, 1972. The board of trustees has applied for an amendment to the absolute charter to change the corporate name to “Sally Ploof Hunter Memorial Library,” to add the language necessary to maintain tax-exempt status under Internal Revenue Code �501(c)(3) and to designate the Commissioner of Education as the agent of the corporation for the purpose of service of process. The Office of Cultural Education recommends that the absolute charter be amended accordingly.
PROVISIONAL CHARTERS
ALBANY-SARATOGA SUB VETS MEMORIAL FOUNDATION
Schenectady, Schenectady County
The board of trustees has petitioned the Board of Regents to form a Museum to establish and maintain a submarine research and reference center and museum open to the public; to construct, support and maintain a New York State submarine memorial; to collect, own hold, maintain, preserve and make available appropriate historical objects and artifacts; to arrange, create, maintain and promote appropriate historical exhibits and displays; to establish and maintain an historical research collection, promote and support historical research and scholarship, issue publications in any format, and organize historical and cultural activities, programs and events for the public; to honor the memory of submariners who gave their lives in the pursuit of their duties while serving our country; to perpetuate the knowledge, technology, and history of the U.S. Submarine Service; to provide a forum for educating students, veterans and fraternal organizations, other groups and the public about the history and technology of the U.S. Submarine Service. The Office of Cultural Education recommends that a provisional charter be granted for a period of five years.
THE HIP-HOP MUSEUM AND HALL OF FAME
Bronx, Bronx County
The board of trustees has petitioned the Board of Regents to establish and maintain a museum and hall of fame to promote, foster and advance the culture, music, history and legacy of Hip-Hop music; to foster and promote the appreciation of Hip-Hop music as an art form, promote and enhance the cultural enrichment of the general public, stimulate community interest in the purposes of this corporation, and make artistic and cultural enrichment available to the general population; to aid, assist, cooperate, cosponsor and otherwise engage in concerted action with private and governmental agencies on programs to enrich and expand the cultural and artistic awareness of those who otherwise might not be exposed to the arts and generally to cultivate and foster an appreciation of Hip-Hop music through the purposes of the corporation; to collect, own, hold, maintain, preserve, and make available appropriate historical objects and artifacts; and to arrange, create, maintain and promote appropriate historical exhibits and displays. The Office of Cultural Education recommends that a provisional charter be granted for a period of five years.
THE SCANDINAVIAN EAST COAST MUSEUM
Brooklyn, Kings County
The board of trustees has petitioned the Board of Regents to form a museum to
establish and maintain a history museum relating to the lives of the Scandinavians who settled throughout the East Coast of the United States; to collect, own, hold, maintain, preserve, and make available appropriate historical objects and artifacts; to arrange, create, maintain and promote appropriate historical exhibits and displays; to establish and maintain an historical research and reference collection and archives; to promote and support historical research and scholarship, issue publications in any format, and organize historical and cultural activities, programs and events for the public.
The Office of Cultural Education recommends that a provisional charter be granted for a period of five years.
TOWN OF FULTON HISTORICAL SOCIETY
Fultonham, Schoharie County
The board of trustees has petitioned the Board of Regents to form a historical society
t
o disseminate and encourage a greater knowledge of the history of the Town of Fulton and the surrounding area; to promote history and original historical research; to gather, collect, own, hold, preserve, display and make available appropriate artifacts, books, manuscripts, photographs, and other records and materials; to encourage the suitable marking of places of historic interest; to acquire, restore, preserve and maintain historic sites and structures; to encourage public interest in history, hold meetings, programs and events, sponsor exhibits, and issue publications in any format; and to cooperate with county and state officials and historical organizations to collect and preserve materials of county wide, regional, and statewide significance.
The Office of Cultural Education recommends that a provisional charter be granted for a period of five years.
EXTENSION OF CHARTER
THE MALCOLM X MUSEUM
New York City, New York County
A provisional charter was granted to this corporation by action of the Board of Regents on November 10, 2000 to operate and establish a museum dedicated to the life, history and philosophy of Malcolm X. The board of trustees has petitioned for an extension of the provisional charter. The Office of Cultural Education recommends
that the provisional charter be extended for a period of five years to allow the corporation additional time to develop its programs and otherwise demonstrate that it can meet the requirements for an absolute charter.
RESTATEMENT OF CHARTERS
THE BOWNE HOUSE HISTORICAL SOCIETY, INCORPORATED
Flushing, Queens County
A provisional charter was granted to this corporation by action of the Board of Regents on July 27, 1945 to own, hold, maintain and preserve the Bowne House, and to encourage and maintain interest in the early history of the town of Flushing and the Bowne House. Such provisional charter was made absolute by Regents action on September 14, 1950 and amended on November 17, 1950. The board of trustees has applied to amend and restate the charter in its entirety in order to provide language acknowledging and allowing ownership of Bowne House and the surrounding lot by the City of New York, and allow the Historic House Trust to maintain and administer the property. The restated charter provides that the corporation shall continue to own the collection, sponsor public programs and events, and maintain other activities and functions normally carried out by a historical society. The restated charter also includes a change of name to "The Bowne House Historical Society," the addition of language necessary to maintain tax-exempt status under Internal Revenue Code �501(c)(3), and designation of the Commissioner of Education as the agent for the purpose of service of process. The Office of Cultural Education recommends that the charter be amended and restated accordingly.
TONAWANDA-KENMORE HISTORICAL SOCIETY & MUSEUM
Kenmore, Erie County
A provisional charter was granted to this corporation by action of the Board of Regents on September 20, 1935 to operate a museum and reference library; to collect, and preserve objects of historic, artistic and scientific interest; to mark and protect historic sites; to provide facilities for research and publication; and to offer popular instruction and aesthetic enjoyment. Such provisional charter was made absolute by Regents action on December 16, 1943. The board of trustees has applied to amend and restate the charter in its entirety, including a change of address to 100 Knoche Road, Tonawanda, New York 14150; the addition of language regarding the powers of the board of directors; language necessary to maintain tax-exempt status under Internal Revenue Code �501(c)(3); and designation of the Commissioner of Education as the agent for the purpose of service of process. The restated purposes are to promote history and original historical research; to disseminate and encourage a greater knowledge of the history of the State of New York and particularly the Village of Kenmore and the town of Tonawanda, Erie County and surrounding area; to gather, collect, own, hold, preserve, display and make available for study appropriate historical artifacts, books, manuscripts, papers, photographs, and other records and materials; to encourage the suitable marking of places of historical interest; to bring together those people interested in history, encourage public interest in history, sponsor historical meetings, programs and events, sponsor exhibits and issue publications in any format; and to establish and maintain a history museum relating to the purposes aforementioned. The Office of Cultural Education recommends that the charter be amended and restated accordingly.
DISSOLUTION OF CHARTERS
CATLIN MEMORIAL FREE LIBRARY
Springfield, Otsego County
A provisional charter was granted to this corporation under the corporate name “Springfield Free Library” by action of the Board of Regents on June 26, 1895 to operate an association library. Such provisional charter was made absolute by Regents on May 2, 1912 and amended on March 27, 1924 to change the corporate name to the “Catlin Memorial Free Library.” The board of trustees has petitioned the Board of Regents for the dissolution of the charter as the corporation is no longer in operation and all taxes payable by the corporation have been paid. The trustees request Regents approval of the transfer of the library assets of Catlin Memorial Free Library to the Springfield Library, which was incorporated by action of the Board of Regents under a provisional charter on April 27, 1999 to serve the residents of the Town of Springfield. The Office of Cultural Education recommends that the absolute charter of the Catlin Memorial Free Library be dissolved and that approval be given to the transfer of its library property to the Springfield Library.
MORRISVILLE LIBRARY
Morrisville, Madison County
A provisional charter was granted to this corporation by action of the Board of Regents on September 21, 1936 to operate a village public library. Such provisional charter was extended by Regents on September 19, 1941; September 20, 1946; September 27, 1951; March 1, 1957; February 23, 1962; June 24, 1966 and was made absolute on September 26, 1975. The board of trustees has petitioned the Board of Regents for the dissolution of the charter as the corporation is no longer in operation and all taxes payable by the corporation have been paid. The trustees request Regents approval of the transfer of the library assets of Morrisville Library to the Morrisville Public Library, which was incorporated by action of the Board of Regents under a provisional charter on September 13, 2002 to serve the residents of the Morrisville-Eaton School District. The Office of Cultural Education recommends that the absolute charter of the Morrisville Library be dissolved and that approval be given to the transfer of its library property to the Morrisville Public Library.
ORDER OF CONSOLIDATION
THE SCANDINAVIAN EAST COAST MUSEUM and NORWEGIAN-AMERICAN COLLECTION IN BROOKLYN, NEW YORK, INC.
Brooklyn, Kings County
The board of trustees and the board of directors have petitioned the Board of Regents, pursuant to Education Law �223, for an order of consolidation of
The Scandinavian East Coast Museum and Norwegian-American Collection in Brooklyn, New York, Inc. The Scandinavian East Coast Museum has petitioned the Board of Regents for a provisional charter. The Norwegian-American Collection in Brooklyn, New York, Inc. was incorporated under �402 of the Not-For-Profit Corporation Law (NPCL) on December 3, 1996. Upon the effective date of the consolidation of The Scandinavian East Coast Museum and Norwegian-American Collection in Brooklyn, New York, Inc., The Scandinavian East Coast Museum will assume all the assets, liabilities and responsibilities of both organizations. The consolidated corporation will operate under the provisional charter granted to The Scandinavian East Coast Museum. The Office of Cultural Education recommends that an order of consolidation of The Scandinavian East Coast Museum and Norwegian-American Collection in Brooklyn, New York, Inc., be granted, forming The Scandinavian East Coast Museum.
CERTIFICATE OF INCORPORATION
GREENE PRESERVATION ASSOCIATION
Greene, Chenango County
The board of trustees has petitioned the Board of Regents to form an association to study, rebuild, preserve, and promote the architectural heritage of Village of Greene, County of Chenango, New York as an economic resource; to foster preservation efforts in the Greene Historic District and contiguous property; to promote retention of neighborhood character impacted by changes in land use; to educate residents about the Greene Historic District; to provide solutions for threatened property and intrusive elements within the Greene Historic District; to act as resource for historic district information, preservation, education and other activities such as grants, tax credits, and restoration loans; to accept, acquire, hold, protect and reassign whole or partial interests in land and other property as a means of protecting and preserving the historic interests of the Village of Greene; to work cooperatively with the Town of Greene Historical Society on programs of mutual interest; to cooperate with county and state officials and historical organizations to help them collect and preserve materials of countywide and statewide significance. The corporation is not authorized to operate or maintain a library, museum or historical society, or to own or hold collections in connection therewith.
The Office of Cultural Education recommends that a certificate of incorporation be issued.
ELEMENTARY, MIDDLE, SECONDARY AND CONTINUING EDUCATION
AMENDMENT OF CHARTERS
THE HA’OR BEACON SCHOOL
Brooklyn, Kings County
A provisional charter was granted to this corporation by action of the Board of Regents on April 24, 2001 to operate a pre-kindergarten through grade twelve school for children who have behavioral and educational problems from homes where the language is Hebrew or Yiddish. The board of trustees has applied for an amendment to the provisional charter to specify that corporation is also operating at 2810 Nostrand Avenue, Brooklyn, New York 11229 and that the corporate address is 1946 Coney Island Avenue, Brooklyn, New York 11223, and that the provisional charter, as so amended, be extended. The Office of Vocational and Educational Services for Individuals with Disabilities (VESID) has been provided with an opportunity to review this action and the trustees have been advised that the granting of any amendment thereof does not constitute approval for state funding for programs and services under the jurisdiction of VESID. The Office of Nonpublic School Services recommends that the provisional charter be amended accordingly and, as so amended, extended for a period of three years to allow the corporation additional time to develop its programs and otherwise demonstrate that it can meet the requirements for an absolute charter.
SCHONOWE PRESCHOOL
Schenectady, Schenectady County
A provisional charter was granted to this corporation by action of the Board of Regents on July 19, 1996 to operate a preschool for children with disabilities from birth to five years of age. Such provisional charter was extended by Regents action on September 17, 1999 and last amended and extended by Regents action on June 18, 2002. The board of trustees has applied for an amendment to the provisional charter to change the school and corporate address to 590 Giffords Church Road, Schenectady, New York 12306, and as so amended, be extended. The Office of Nonpublic School Services recommends that the provisional charter be amended accordingly and, as so amended, extended for a period of three years to allow the corporation additional time to develop its programs and otherwise demonstrate that it can meet the requirements for an absolute charter.
EXTENSION OF CHARTERS
82nd STREET ACADEMICS
Jackson Heights, Queens County
A provisional charter was granted to this corporation by action of the Board of Regents on September 12, 2003 to operate a nursery school, for five year olds, a universal pre-K program for four year olds, and after-school tutoring program for students in kindergarten through eighth grade. The board of trustees has petitioned for an extension of the provisional charter. The Office of Nonpublic School Services recommends that the provisional charter be extended for a period of three years to allow the corporation additional time to develop its programs and otherwise demonstrate that it can meet the requirements for an absolute charter.
WALDORF SCHOOL OF SARATOGA SPRINGS
Saratoga Springs, Saratoga County
A provisional charter was granted to this corporation by action of the Board of Regents on July 24, 1987 under the corporate name “Spring Hill School” to operate and maintain a nursery school, a kindergarten and a grade one through four elementary school. Such provisional charter was amended by Regents action on June 22, 1990 to also authorize the operation of grades five through eight and, as so amended, extended, and was further amended by Regents action on July 23, 1993 to change the corporate name to “Spring Hill Waldorf School,” to indicate that the school had relocated from Ballston Spa, Saratoga County to 62-66 York Avenue, Saratoga Springs, New York 12866 and to add authority for the School to also operate a grade nine through twelve secondary school and, as so amended, further extended, and on November 14, 1997 to add authority for the School to also operate at a site at 122 Regent Street, Saratoga Springs, New York 12866 and, as so amended, for a further extension of the provisional charter. Such provisional was last amended by Regents action on October 4, 2002 to also operate at a site at 212 Lake Avenue, Saratoga Springs, New York 12866 and change the corporate name to “Waldorf School of Saratoga Springs” and, as so amended, extended. The board of trustees has petitioned for an extension of the provisional charter. The Office of Nonpublic School Services recommends that the provisional charter be extended for a period of three years to allow the corporation additional time to develop its programs and otherwise demonstrate that it can meet the requirements for an absolute charter.
DISSOLUTION OF CHARTER
THE INSTITUTE OF THE SISTERS OF ST. JOSEPH OF THE DIOCESE OF BUFFALO
Buffalo
, Erie County
An absolute charter was granted to this corporation by action of the Board of Regents on December 14, 1892 subsequent to the Institute’s original incorporation by Act of the Legislature on April 12, 1848. Such absolute charter was amended by Regents action on May 21, 1937; April 16, 1948; July 16, 1948; January 29, 1954; February 27, 1964; January 26, 1967; and October 25, 1968. Such absolute charter was restated by the Regents on September 18, 1992 to conduct an elementary and preschool program for girls and boys under the name “Mount St. Joseph Academy.” The board of trustees has petitioned the Board of Regents for the dissolution of the charter because the corporation has ceased its operations, including the operation of Mount St. Joseph Academy at the end of the 2004-2005 school year. All taxes payable by the corporation have been paid.
The trustees also request Regents approval of the distribution of the corporation’s assets and student records to The Congregation of the Sisters of St. Joseph of Buffalo, a New York Not-for-Profit Corporation formed on January 10, 1973. The Office of Nonpublic School Services recommends that the absolute charter of
The Institute of the Sisters of St. Joseph of the Diocese of Buffalo
be dissolved and that approval be granted for the distribution of the corporation’s assets and student records to The Congregation of the Sisters of St. Joseph of Buffalo.
HIGHER AND PROFESSIONAL EDUCATION
AMENDMENT OF CHARTERS
CENTRAL
EUROPEAN UNIVERSITY
New York City
, New York
County
A provisional charter was granted to this corporation by Regents action on July 24, 1992 to operate and maintain an institution of higher learning and to offer programs leading to degrees at the baccalaureate, master’s and doctoral levels. Such provisional charter was amended by Regents action on May 20, 1994, February 7, 1996 and was made absolute on September 20, 1996. Such absolute charter was amended by Regents action on November 8, 1996, July 16, 1999, July 18, 2002, September 9, 2005 and December 9, 2005. The board of trustees has applied for an amendment to the absolute charter to add authority for the corporation to confer the degree of Bachelor of Science (B.S.). The Office of Higher Education recommends that the absolute charter be amended accordingly.
MARIA
COLLEGE
Albany, Albany County
A provisional charter was granted to this corporation by Regents action on April 25, 1958 to establish and maintain a junior college for the higher education of the Sisters of Mercy of the Albany Diocese and for members of other religious orders, and to conduct therein courses of study leading to the degrees of Associate in Arts (A.A.) and Associate in Applied Science (A.A.S.) Such provisional charter was amended by Regents action on November 22, 1963 and, as so amended, made absolute. Such absolute charter was amended by Regents action on November 21, 1986 and October 9, 2003.
The board of trustees has applied for an amendment to the absolute charter to reflect that the corporation is a corporation with members and to designate the Conference of Mercy Higher Education, a Maryland non-stock, no profit corporation, as the sole corporate member of the college. The
Office of Higher Education recommends that the absolute charter be amended accordingly.
TROCAIRE COLLEGE
Buffalo, Erie County
A provisional charter was granted to this corporation under the corporate name “Sancta Maria Junior College” by action of the Board of Regents on June 27, 1958 to operate and maintain an institution of higher education at the junior college level. Such provisional charter was amended to include a name change to “Sancta Maria College” and extended by Regents action on May 21, 1964; extended on June 24, 1966; amended December 16, 1966 to change the corporate name to “Trocaire College;” amended and extended on September 26, 1969 and was made absolute by Regents action on January 26, 1972. Such absolute charter was last amended by Regents action on October 23, 1987.
The board of trustees has applied for an amendment to the absolute charter to add authority for the College to confer the honorary degrees of Doctor of Humane Letters (L.H.D.), Doctor of Sacred Theology (S.T.D.) and Doctor of Science (Sc.D.). The Office of Higher Education recommends that the absolute charter be amended accordingly.
Appendix II
REGENTS ACTIONS IN 50 PROFESSIONAL DISCIPLINE CASES
February 12-13, 2007
The Board of Regents announced disciplinary actions resulting in the revocation of 4 licenses and 1 certificate, surrender of 7 licenses, and 38 other disciplinary actions. The penalty indicated for each case relates solely to the misconduct set forth in that particular case.
Chiropractic
John Edward Ziegler;
401 East State Street, Ithaca, NY 14850; Lic. No. 002593; Cal. No. 23233; Application to surrender license granted. Summary:Licensee admitted to the charge of having been convicted of Forcible Touching, Sexual Abuse in the 3rd Degree.
Nursing
Deborah R. Leonard;
Registered Professional Nurse, Nurse Practitioner; 3595 State School Road, Albion, NY 14411-9399; 1744 August Road, North Babylon, NY 11703; Lic. No. 318962, Cert. No. 400388; Cal. Nos. 22950, 22951;
Found guilty of professional misconduct; Penalty:
Revocation.
Evelyn D. Bray a/k/a Evelyn Walder Bray a/k/a Evelyn Walder-Bray a/k/a Evelyn Walderbray;
Registered Professional Nurse;
223 South Second Avenue, Mt. Vernon, NY 10550; Lic. No. 262997; Cal. No. 22976;
Found guilty of professional misconduct; Penalty:
Revocation, $5,000 fine.
Delia N. Vibar
; Registered Professional Nurse; 42-14 Hampton Street, Elmhurst, NY 11373; Lic. No. 305334; Cal. No. 23027; Application to surrender license granted.
Summary:
Licensee did not contest charges of falsely stating on a blood bank transfusion slip signed by her that she had checked the slip and container label with the patient’s writstband when she knew that she had not checked the patient’s wristband; and failing to respond within thirty days to certified mail sent to her by the New York State Education Department concerning allegations that she had committed professional misconduct.
Nancy Marie Walsh
;Licensed Practical Nurse; 41 McConkey Drive, Tonawanda, NY 14223; Lic. No. 109192; Cal. No. 23180; Application to surrender license granted. Summary:Licensee admitted to charges of presenting an altered registration certificate and attempted theft of Prilosec capsules.
Ida Vanhouten
;Registered Professional Nurse; 162 Date Avenue, Imperial Beach, CA 91932; Lic. No. 419166; Cal. No. 23186; Application to surrender license granted. Summary:Licensee admitted to the charge of having been convicted of Health Care Fraud, a felony.
Occupational Therapy
Jessica James Jacobson;
200 Beacon Hill Drive, Dobbs Ferry, NY 10522-7049; Lic. No. 013875; Cal. No. 23187;
Application to surrender license granted. Summary:
Licensee admitted to the charge of having been convicted of Sexual Abuse in the 1st Degree, a class D felony.
Pharmacy
Narendrakumar V. Patel a/k/a Narendra Patel a/k/a Nareadra Patel;
195-14 McLaughlin Avenue, Holliswood, NY 11423-1152; Lic. No. 031318; Cal. No. 21983;
Found guilty of professional misconduct; Penalty:
Revocation, $10,000 fine.
John Postiglione;
109 Pleasant Ridge Road, Harrison, NY 10528; Lic. No. 034890; Cal. No. 22974;
Found guilty of professional misconduct; Penalty:
Revocation, $10,000 fine.
John P. Carosella
;4431 N.W. 6th Court, Pompano Beach, FL 33066; Lic. No. 033987; Cal. No. 23160; Application to surrender license granted.
Summary:
Licensee did not contest the charge of having been convicted of Driving Under the Influence.
Podiatry
Paul Rohe; P.O. Box 122, Martinsville, NJ 08836; Lic. No. 004483; Cal. No. 22563; Application to surrender license granted. Summary:Licensee admitted to the charge of having been convicted of Conspiracy to Commit Health Care Fraud, Mail Fraud and Make Statements in Connection with Payment of Health Care; and Health Care Fraud.
II. OTHER REGENTS DISCIPLINARY ACTIONS
Acupuncture
Kangmei Pan;
58-34 Granger Street, Corona, NY 11368-3930; Lic. No. 000705; Cal. No. 22717; Application for consent order granted; Penalty agreed upon: 3 month actual suspension, 21 month stayed suspension, 2 years probation, $2,500 fine.
Mei Lan Kwok Chiu a/k/a Chiu Mei Lan Kwok a/k/a Kwokchiu Mei-Lan a/k/a Mei Kwokchiu; 25-34 Union Street, Flushing, NY 11354-1235; Lic. No. 000952; Cal. No. 23121; Application for consent order granted; Penalty agreed upon: 1 year actual suspension, 1 year stayed suspension, 2 years probation.
Architecture
Paul Michael Scanlon;
4219 28th Place West, Seattle, WA 98199; Lic. No. 023232; Cal. No. 23045; Application for consent order granted; Penalty agreed upon: 1 year actual suspension, 2 years probation to commence upon return to practice in New York State.
Chiropractic
Joseph A. Fricano;
837 Hylan Boulevard, Staten Island, NY 10305; Lic. No. 004308; Cal. No. 22444; Found guilty of professional misconduct; Penalty: Indefinite actual suspension until successfully completes course of treatment as set forth in Regents Review Committee report – upon termination of suspension 2 years probation.
Dentistry
Anthony J. Pagello;
1 North Street, Hastings-on-Hudson, NY 10706-1502; Lic. No. 021171; Cal. No. 22237; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation to commence if and when return to practice, $7,500 fine.
Engineering and Land Surveying
Augustine Osayaba Okundaye;
Professional Engineer; 20 East 1st Street, Mt. Vernon, NY 10550; Lic. No. 074025; Cal. No. 22858; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $2,500 fine.
Elizabeth G. McQuilkin; Land Surveyor; 274 East Main Street, East Islip, NY 11730; Lic. No. 050211; Cal. No. 23047; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $1,000 fine.
Massage Therapy
Philip Charles D’alessio;
8672 Bay Parkway, Brooklyn, NY 11214; Lic. No. 007780; Cal. No. 22746; Application for consent order granted; Penalty agreed upon: Indefinite actual suspension for not less than 12 months and until fit to practice – upon termination of suspension 2 years probation to commence if and when return to practice.
Nursing
Despina Castillo a/k/a Despina Scheyer;
Licensed Practical Nurse, Registered Professional Nurse, Nurse Practitioner; 154 Ridgewood Avenue, Farmingville, NY 11738; Lic. Nos. 191085, 400512, Cert. No. 350206; Cal. Nos. 21643, 21644, 21645; Found guilty of professional misconduct; Penalty: 24 months suspension, execution of last 23 months of suspension stayed, probation 24 months, $1,500 fine.
Llima Marie Berkley; Licensed Practical Nurse, Registered Professional Nurse; 3341 Paulding Avenue, Bronx, NY 10469-3715; Lic. Nos. 201059, 419589; Cal. Nos. 22623, 22624; Application for consent order granted; Penalty agreed upon: 2 year actual suspension with leave to apply for early termination of actual suspension after service of at least 6 months and successful completion of certain coursework, 2 years probation.
Barbara H. Ustin a/k/a Barbara Ustin a/k/a Barbara H. Molloy; Registered Professional Nurse; 91A Parkway, Katonah, NY 10536; Lic. No. 277264; Cal. No. 22756; Application for consent order granted; Penalty agreed upon: 3 month actual suspension, 21 month stayed suspension, 2 years probation.
Paula Marie Sullivan; Licensed Practical Nurse; P.O. Box 16368, Rochester, NY 14616; Lic. No. 263006; Cal. No. 22862; Application for consent order granted; Penalty agreed upon: Indefinite actual suspension for a minimum of 3 months and until fit to practice – upon termination of suspension 2 years probation to commence if and when return to practice, $250 fine.
Timothy John McNamara; Registered Professional Nurse; P.O. Box 133, Madrid, NY 13660; Lic. No. 360450; Cal. No. 22930; Application for consent order granted; Penalty agreed upon: 1 month actual suspension, 11 month stayed suspension, 1 year probation, $500 fine.
Lori W. Alexander a/k/a Wise; Registered Professional Nurse; 608 Camelot Court, Canandaigua, NY 14424; Lic. No. 373545; Cal. No. 22983; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $500 fine.
Marjorie M. Camacho; Licensed Practical Nurse, Registered Professional Nurse; 506 East 42nd Street, Brooklyn, NY 11203; Lic. Nos. 183859, 393400; Cal. Nos. 23038, 23037; Application for consent order granted; Penalty agreed upon: 3 month actual suspension, 21 month stayed suspension, 2 years probation, $1,000 fine, 50 hours public service.
Patricia Mitchell; Registered Professional Nurse; P.O. Box 465, Shelter Island, NY 11964; Lic. No. 256306; Cal. No. 23043; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $1,000 fine.
Karen Marie Ferris; Licensed Practical Nurse, Registered Professional Nurse; 403 Ellington Court, Camillus, NY 13031; Lic. Nos. 246008, 482085; Cal. Nos. 23058, 23057; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $500 fine.
Martha Kainde Kamara; Licensed Practical Nurse, Registered Professional Nurse; 2387 Morris Avenue, Bronx, NY 10468; Lic. Nos. 209689, 435099; Cal. Nos. 23070, 23071; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation.
Michelle A. Lecuyer-Gaus; Registered Professional Nurse; 3516 O’Malley Court, Plano, TX 75023; Lic. No. 424967; Cal. No. 23074; Application for consent order granted; Penalty agreed upon: Indefinite actual suspension for a minimum of 6 months and until fit to practice – upon termination of suspension 3 years probation to commence if and when return to practice in New York State, $1,000 fine.
David Francis McNamara;
Registered Professional Nurse; 11 Washington Avenue, Batavia, NY 14020; Lic. No. 510109; Cal. No. 23082; Application for consent order granted; Penalty agreed upon: Indefinite actual suspension until fit to practice – upon termination of suspension 2 years probation if and when return to practice, $500 fine.
Margretta Mary Watkins; Licensed Practical Nurse; 19 Grote Street, Buffalo, NY 14207; Lic. No. 254374; Cal. No. 23097; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $500 fine.
Tonya Michelle Wooten; Licensed Practical Nurse; 5955 Pisgah Way, Charlotte, NC 28217; Lic. No. 254654; Cal. No. 23141; Application for consent order granted; Penalty agreed upon: Indefinite actual suspension until fit to practice – upon termination of suspension 1 year probation to commence upon return to practice in New York State.
Evelyn Collazo a/k/a Evelyn C. Allen; Registered Professional Nurse; 15449 North 161st Avenue, Surprise, AZ 85374; Lic. No. 269781; Cal. No. 23142; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $500 fine.
Pharmacy
Athanasios Mastrokostas;
11 Equinox Lane, Freehold, NJ 07728; Lic. No. 044621; Cal. No. 22949; Found guilty of professional misconduct; Penalty: 12 months suspension, execution of last 9 months of suspension stayed.
Elizabeth L. Johnson a/k/a Lange; 85 Dale Road, Rochester, NY 14625; Lic. No. 039471; Cal. No. 23029; Application for consent order granted; Penalty agreed upon: Indefinite actual suspension for a minimum of 3 months and until fit to practice – upon termination of suspension 3 years probation to commence upon return to practice, $1,500 fine.
Ahmed Abouelhoda; 85 East 10th Street, New York, NY 10003-5442; Lic. No. 049782; Cal. No. 23030; Application for consent order granted; Penalty agreed upon: Indefinite actual suspension for no less than 3 years and until fit to practice – upon termination of suspension 2 years probation to commence upon return to practice.
Genovese Drug Stores, Inc. d/b/a Eckerd; Retail Pharmacy; 3590 East Tremont Avenue, Bronx, NY 10465; Reg. No. 023071; Cal. No. 23124; Application for consent order granted; Penalty agreed upon: $5,000 fine.
Podiatry
Todd Rotwein;
131 Fulton Avenue, Hempstead, NY 11550-3701; Lic. No. 002821; Cal. No. 22143; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $2,500 fine.
Social Work
Hilda R. Hernandez;
Licensed Clinical Social Worker; 248 Hillside Avenue, Valley Stream, NY 11580; Lic. No. 049291; Cal. No. 22144; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $500 fine.
William Brosh; Licensed Master Social Worker; 115 Christopher Street, New York, NY 10014; Lic. No. 059323; Cal. No. 22561; Found guilty of professional misconduct; Penalty: 5 years suspension, execution of last 4 years of suspension stayed, probation 5 years.
Veterinary Medicine
David J. Bryant;
156 Cherry Street, Floral Park, NY 11001; Lic. No. 007998; Cal. No. 22356; Found guilty of professional misconduct; Penalty: Indefinite actual suspension until fit to practice as set forth in Regents Review Committee report – upon termination of suspension probation 2 years, 100 hours public service.
Shawn Michael Demmerle; 119 Vail Road, Columbia, NJ 07832; Lic. No. 008657; Cal. No. 23002; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $2,000 fine.