SUMMARY OF THE January
MEETING
OF THE BOARD OF REGENTS
OF
THE UNIVERSITY OF THE STATE OF NEW YORK
Held at the State Education Building
Albany, New York
January 12, 2004
David Johnson, Secretary
Board of Regents
The
Board of Regents of The University of the State of New York held two public
sessions on Monday, January 12, at 9:00 a.m. and 3:00 p.m. pursuant to a call duly sent to each Regent.
MEETING
OF THE FULL BOARD, January 12, 2004, 9:00 a.m.
Board
Members in Attendance:
Adelaide
L. Sanford
Diane McGivern
Saul B. Cohen
James C. Dawson
Robert M. Johnson
Anthony S. Bottar
Merryl H. Tisch
Geraldine D. Chapey
Arnold B. Gardner
Joseph E. Bowman, Jr.
Lorraine Cortés-Vázquez
Also
present were the President of The University and Commissioner of Education,
Richard P. Mills, Chief of Staff and the Counsel and Deputy Commissioner for
Legal Affairs, Kathy A. Ahearn, and the Secretary, Board of Regents, David
Johnson. Chancellor Robert M. Bennett, Regents Harry Phillips, 3rd,
James R. Tallon, Jr. and Milton L. Cofield were
absent and excused.
Vice
Chancellor Sanford called the meeting to order at 9:00 a.m.
ACTION ITEMS BR (A) 2 The purpose of the proposed
amendment is to provide for the appointment of a chief of staff; to specify
the duties of the chief of staff and the chief operating officer; and to
designate the chief of staff as the deputy commissioner of education as
specified in Education Law section 101, who, in the absence or disability of
the Commissioner or when a vacancy exists in the office of Commissioner,
shall exercise and perform the functions, powers and duties of the
Commissioner. MOVED, that sections 3.8 and 3.9 of the Rules of
the Board of Regents be amended, as submitted, effective January 16, 2004, as
an emergency action upon a finding by the Board of Regents that such action
is necessary for the preservation of the general welfare to ensure that the
amendment remains continuously in effect until the effective date of its
adoption as a permanent rule, and MOVED, that sections 3.8 and 3.9 of the Rules of the Board of Regents be amended, as submitted, effective February 5, 2004. Motion
by: Regent
James C. Dawson |
Summary of the December 2003 Meeting BR (A) 3 MOVED, that the Summary of the December 2003 Meeting of the Board of Regents of The University of the State of New York be approved with the following amendment to the report of the Regents Committee on Higher Education, All Committee members were present except for Regent Arnold B. Gardner, who was excused from the Committee's Executive Session. Motion
by:
Regent Joseph E. Bowman, Jr. |
State Education Department December 2003 Fiscal
Report BR (A) 4 The Board received the December 2003 Fiscal
Report for review and acceptance. General fund and federal accounts
are in structural balance. With one
exception, all revenue accounts are in balance, allowing for normal
reimbursement delays and the planned use of prior year balances. The exception is the Office of the
Professions where the imbalance this year will be corrected in the next
fiscal year through increased fee revenue or reduced expenditures. MOVED, that the Board of Regents accept the
December 2003 State Education Department Fiscal Report as presented. Motion
by:
Regent Saul B. Cohen |
DISCUSSION ITEM The Commissioner's written monthly
report focused on nine subject areas the Board was scheduled to vote upon or
discuss during the monthly meeting:
Schools Under Registration Review (SURR) Report; Implementation of No
Child Left Behind Act; Conceptual Framework for Middle-Level Reform Strategy;
Key Performance Indicators for VESID; Year IV Standards Implementation Study;
New Chartering Standards and Process for Museums and Historical Societies;
Statewide Plan for Higher Education; Comprehensive Planning and Shared
Decision Making; and, Higher Education Survey. |
MEETING
OF THE FULL BOARD, January 12, 2004, 3:00 p.m.
Board
Members in Attendance:
Adelaide
L. Sanford
Diane McGivern
Saul B. Cohen
Robert M. Johnson
Anthony S. Bottar
Merryl H. Tisch
Geraldine D. Chapey
Arnold B. Gardner
Joseph E. Bowman, Jr.
Lorraine Cortés-Vázquez
Also
present were the President of The University and Commissioner of Education,
Richard P. Mills, Chief of Staff and the Counsel and Deputy Commissioner for
Legal Affairs, Kathy A. Ahearn, and the Secretary, Board of Regents, David
Johnson. Chancellor Robert M. Bennett, Regents James C. Dawson, Harry
Phillips, 3rd, James R. Tallon, Jr. and Milton L. Cofield were absent and excused.
Vice
Chancellor Sanford called the meeting to order at 3:00 p.m.
DISCUSSION ITEMS BR (D) 1 In January 2002, the federal No Child Left
Behind (NCLB) Act, reauthorizing the Elementary and Secondary Education Act,
was signed into law. The State has
received a number of benefits from NCLB; however, there are also several
provisions of the legislation that continue to be of concern to New York and
other states. The Board received a report
identifying the concerns and recommended strategies for resolution. These concerns are related to: teachers and paraprofessionals; students
with disabilities; English language learners; persistently dangerous schools;
supplemental educational services; and, accountability system for high
schools. |
Schools Under Registration Review (SURR) BR (D) 2 The Board received a report
analyzing the performance of current and former SURR schools during the
2002-2003 school year, drawing attention to some of the important trends in
SURR schools, and highlighting the strengths of the process and opportunities
for improvement. The review has resulted in the identification of
opportunities for improvement in the process, including: accelerating the identification of SURRs;
incorporating special schools into the SURR process; strengthening the
redesign and closure processes; expanding on-line professional development;
utilizing scientifically-based research curriculum models; and, further
integration of SURR and NCLB. In discussion, Board members
commented that confidence in the process is undermined when successor schools
are identified as SURRs and also that there are additional challenges that
will be identified. |
STANDING COMMITTEE REPORTS
MOVED, that the reports from the Regents Standing
Committees be approved as submitted.
Motion by: Regent Robert M.
Johnson
Seconded by:
Regent Joseph E. Bowman, Jr.
Action: Motion carried unanimously
During discussion of the Standing
Committee Reports, Regent Arnold B. Gardner submitted two resolutions relating
to charter school deliberations for consideration. The Board agreed that these resolutions, focusing on a statement
of the cumulative fiscal impact upon a local school district by an applicant
and the establishment of methods of achieving valid methodologies to measure
academic progress for students in charter schools and those in the schools of
the districts of location, will be discussed in the Elementary, Middle,
Secondary and Continuing Education-Vocational and Educational Services for
Individuals with Disabilities Committee in February.
REGENTS COMMITTEE ON ELEMENTARY, MIDDLE, SECONDARY
AND CONTINUING EDUCATION-VOCATIONAL AND EDUCATION SERVICES FOR INDIVIDUALS WITH
DISABILITIES
Your EMSC-VESID
Committee held its scheduled meeting on January 12, 2004. Regent Tallon was absent and excused.
ACTION ITEMS
Charter Schools
MATTERS NOT
REQUIRING BOARD ACTION
Revision of strategic plan key performance indicators for the Office of Vocational and Educational Services for Individuals with Disabilities [EMSC-VESID (D) 1]
Vice Chancellor Sanford requested more data on the number and trends of classification by categories of disability.
Year IV Standards Implementation Study--The Effect of Raising Learning Standards in New York State Public Schools for English Language Arts, Mathematics and Career Development and Occupational Studies [EMSC-VESID (D) 2]
The Committee asked for more detail on the need to help schools integrate Career Development and Occupational Studies standards into core curriculum areas. The Committee also asked for an interim report on implementation of the Regents policy on career and technical education, prior to the policy review scheduled in November 2004. Staff will determine when pertinent data will be available so that the interim report can be scheduled. Vice Chancellor Sanford requested an analysis of parent comments received as part of the study. The Committee determined that the suggested actions to address the findings of the study should be categorized (implementation issue that deviates from policy direction, consideration in revision to policy, and implication for future policy decision) and that the Board determine in what venue (Quality Committee, Regents retreat, etc.) it will use this information for follow-up discussion.
Policy review of comprehensive planning requirements [EMSC-VESID (D) 3]
The Committee requested talking points for legislative advocacy on implementation of the Department's recommendations on plan consolidation and mandate relief.
Conceptual framework for middle-level reform strategy [EMSC-VESID (D) 4]
The Committee requested that staff develop for the February meeting options with pros and cons of models for implementation of the Regents Policy Statement on Middle-Level Education. Suggestions for clarifying or expanding the comments received from field input included: emphasizing the importance of linkages to elementary and high school levels; identifying the role of higher education institutions in providing professional development for teachers; addressing the needs of English language learners beyond just providing intensive English language instruction; more specifically reflecting the comments received from students; and specifying that teachers support non-core subjects being taught in grades 7 and 8, while school administrators support flexibility to provide instruction in the non-core subjects across grades 5-8. It was suggested that the Regents identify the goal behind driving change to improve performance in the middle grades, determine what is needed to make opportunities available so that an integrated curriculum will become part of middle-level programs, take the time needed to make their decision due to the complexity of issues, address other issues like leadership ability and the preparation of teachers, and consider developing grade-by-grade curriculum in other subject areas besides English language arts and math. A paper on student comments on middle-level education will be shared with Board members.
Public reaction to alternative approaches to implementation of the Regents Policy Statement on Middle-Level Education [EMSC-VESID (I) 1]
Other Item(s):
The Committee requested that a report on the status of implementing the student identifier system be added to the February agenda and that information be provided on how districts will be selected to participate in the pilot.
REGENTS COMMITTEE ON HIGHER EDUCATION AND
PROFESSIONAL PRACTICE
Your
Committee on Higher Education and Professional Practice held its scheduled
meeting on January 12, 2004. All
members of the Committee were present, except Regent Harry Phillips, 3rd, and
Regent Milton L. Cofield, who were excused.
Regent Arnold B. Gardner was present during the public session, and was
excused from the executive session.
ACTION ITEMS
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 5 cases. In addition, your
Committee recommends, upon the recommendation of the Committee on the
Professions, that 25 consent order applications and 5 surrender applications be
granted.
These
recommendations are made following the review of 35 cases involving seven licensed practical nurses, six registered
professional nurses, five dentists, four pharmacists, two certified social
workers, two chiropractors, two licensed practical nurses who are also
registered professional nurses, two podiatrists, one certified public
accountant, one dental professional corporation, and one psychologist.
Your committee recommends that section 64.7 of the Regulations of the Commissioner of Education relating to Execution by Registered Professional Nurses on Non-patient Specific Orders to Administer Purified Protein Derivative (PPD) Mantoux Tuberculin Skin Tests be amended, as submitted, effective February 4, 2004. [HE & PP (A) 1]
Your Committee recommends that the request for an amendment to the absolute charter of the Institute of Allied Medical Professions be withdrawn. It will be resubmitted for consideration at a future meeting. [BR (A) 1]
Your Committee recommends that the Regents approve an amendment to the absolute charter of Medaille College to authorize the college to award the degree of Master of Arts (M.A.) at its branch campus in Brighton, Monroe County. [BR (A) 1]
Your Committee recommends that the Regents authorize the State University of New York Board of Trustees, effective January 12, 2004, to confer the degree of Bachelor of Fine Arts (B.F.A.) on students successfully completing registered programs at the State University College at Potsdam. [HE & PP (CA) 1]
Your Committee recommends that the Regents grant permission to The Southern Baptist Theological Seminary, Louisville, Kentucky, to offer courses from its Master of Divinity (M.Div.) program, effective January 12, 2004, and ending on January 31, 2009. [HE & PP (CA) 2]
Your Committee recommends that the Regents authorize The City University of New York Board of Trustees, effective January 12, 2004, to confer the Bachelor of Science (B.S.) degree in health services administration on students successfully completing the registered program at New York City College of Technology. [HE & PP (CA) 3]
Your Committee recommends that the Regents approve the Report of the Committee on the Professions regarding Licensing Petitions [HE & PP (CA) 4)]
·
Recommendations
from the Math A Panel Relating to Teacher Pre-Service and In-Service
Education [HE & PP (D) 1]
The Committee discussed with staff the recommendations relating to teacher pre-service and in-service education in mathematics made by the Independent Panel on Math A at the September 2003 meeting of the Board of Regents. Staff described how the Math A panel recommendations complement the work of the Regents Task Force on Teaching. An independent research project to measure student outcomes of teachers prepared under new Regents policy will assist the Department in evaluating the effectiveness of this policy. Staff also described how the Math A panel recommendations have been shared with the field and suggested next steps for considering these recommendations.
·
Statewide Plan
for Higher Education, 2004-2012: Next Steps
[HE & PP (D) 2]
The Committee was provided an update on what has been developed to date relating to the Statewide Plan for Higher Education and the remaining steps that need to be completed, along with a projected timetable for completion.
·
Results of the
2003 Survey of the Higher Education Community
[HE & PP (D) 3]
The Committee discussed the results of the 2003 Survey of the Higher Education Community that revealed that the field responded well to the work of the Board of Regents and the Department over the past year.
· Gamla College
Deputy Counsel gave a quick update on the status of the Gamla College appeal regarding institutional accreditation.
REGENTS COMMITTEE ON CULTURAL EDUCATION
Regent
James C. Dawson, Chair of the Committee on Cultural Education, presented on
behalf of the Committee the following written report:
Your Committee on
Cultural Education had its scheduled meeting on January 12, 2004 in Room 146,
State Education Building. Regent Bowman
and Regent Johnson were present. Regent
Cortés-Vázquez and Regent Tallon were absent.
Your Committee reviewed
the summary recommendations with respect to charter applications. Items listed under Cultural Education were
recommended for approval.
Proposed Standards for Chartering Museums and Historical Societies. The Director of the Museum Association of
New York (MANY), Anne Ackerson and Board President, Nick Westbrook, led the
discussion. Kristen Herron from the New
York Council on the Arts (NYSCA) participated via conference phone and
indicated her pleasure at the collaboration among NYSCA, Office of Cultural
Education and MANY. Ms. Ackerson gave
an overview of the draft standards for chartering museums and historical
societies that fall into six categories:
·
Organization;
·
Mission;
·
Governance;
·
Administration,
Human Resources, Finance and Facilities;
·
Collections
Stewardship; and
·
Education,
Interpretation and Presentation.
This initiative includes:
Standards Development; Trustee Training; Peer Review; Data Collection and
Dissemination; and, the Chartering Program.
Major highlights of
the discussion included:
·
Your
committee's conceptual agreement with the document.
·
Concern that
Regulations need to be both general (i.e., similar to executive summary of the
document) and sufficiently specific to be applied when necessary.
Other items
discussed included:
·
Statutory
authority to accommodate new standards especially as they relate to
institutions already having an absolute charter.
·
Staffing of
both Cultural Education and Office of Counsel to provide necessary services for
this initiative.
·
Implications
for those institutions currently holding provisional charters for many years.
Next steps include:
·
Draft
Regulations based on the standards
·
Garner
feedback from the field
·
post on SED
website for comments
·
invite Regents
to New York State Historical Society conference in April to discuss draft
standards with conference participants
·
elicit
comments from institutions currently holding provisional charters
·
Return to CE
Committee in June
·
Re-post on SED
website for further public comment
·
Return to Full
Board in September for approval
Regents Advocacy Plan for Libraries.
Janet Welch distributed Regents talking points for use in advocacy
efforts for New Century Libraries. Your
committee discussed the importance of focusing on the link among libraries,
school equity and student performance.
Members of your committee commended staff for the excellent talking
points. They suggested staff provide
access to research studies that support the data. Committee members discussed ways of integrating the New Century
Library initiatives with the Regents overall advocacy plan.
Regent Dawson announced Judith Rubin's resignation from the Board of Regents effective December 31, 2003. Regent Dawson will send a note to Regent Rubin thanking her for her service as Vice-Chair to the Committee.
REGENTS COMMITTEE ON QUALITY
Regent Robert M.
Johnson, Chair of the Committee on Quality, presented on behalf of the
Committee the following written report.
Your Committee on
Quality held its scheduled meeting on January 12, 2004. Vice Chair
Cortés-Vázquez and Regent Bowman were present.
Vice Chancellor Sanford also attended.
No items were recommended for formal approval by the Regents.
The Committee discussed two items:
l
Your Committee continued its conversation
about the creation of the USNY Technology Policy and Practices Council. The Committee:
ü
Underscored the importance of keeping the
charge highly focused on the original goals outlined for the Council; that is,
mapping the technology assets of USNY institutions and recommending strategies
for using those assets to accelerate closing the performance gap in student
achievement.
ü
Agreed that the Council’s charge should
include specific deliverables that are produced by summer or early fall
2004. Completing its work within this
timeframe will permit the USNY Convocation planners to incorporate the
Council’s results into the agenda for the November 2004 event.
ü
Asked that Regent Bowman and Department
staff compile a list of potential Council members. This list would be shared with all Regents, along with a revised
statement of the Council’s charge, before the next Board meeting. Individual
Regents may then offer additional names for consideration. In February, the Quality Committee will ask
the full Board to take action on both the charge and the membership roster.
ü
Supported the proposal to convene a small
group of technology experts to assist the Department in defining the scope of,
and the most appropriate design for, the survey of USNY technology assets. This group may also be invited to help the
Department refine the charge of the Council.
l
Your Committee reviewed the status report on
soliciting membership for the Convocation Planning Committee. Based on this
discussion, your Committee recommends the following:
ü
Staff should contact additional potential
Committee members to ensure that the diversity of USNY institutions be
represented fully.
ü
The Committee Chair and Co-Chair should work
with Department staff to identify promptly the appropriate Co-Chairs for the
Planning Committee. The Co-Chairs should have demonstrated success in working
across institutional boundaries within USNY and are skillful in bringing
together groups with diverse memberships.
ü
Staff should plan to provide Planning
Committee members with briefing materials prior to the first meeting. These materials could include: paper on the history of USNY, the
Commissioner’s pamphlet on the potential of the University, and a summary of
the Regents vision for the Convocation.
ü
The convocation planners should discuss
various methods for disseminating the Convocation proceedings including
broadcasting on public television, cable television, or on the internet.
APPENDIX I
NEW YORK STATE
BOARD OF REGENTS
CHARTER ACTIONS
JANUARY 12, 2004
PRATTSBURGH FREE LIBRARY. An application having been made by and on
behalf of the trustees of Prattsburgh Free Library, for its provisional charter
to be extended, it was
Voted, that the provisional charter of Prattsburgh Free Library, an association library located in Prattsburgh, and serving the town of Prattsburgh, county of Steuben, state of New York, which was granted by action of the Board of Regents on July 28, 1978; which provisional charter was extended by Regents action on January 18, 1989 and September 20, 1996 be, and the same hereby is, extended until January 12, 2009; and prior to that date, an application for the further extension of such provisional charter or for an absolute charter will be entertained by the Regents, but, in the event that such application is not made, then after January 12, 2009 and upon notice by the Regents, such provisional charter shall terminate and become void and shall be surrendered to the Regents.
LONG BEACH ISLAND LANDMARKS
ASSOCIATION
Voted,
that
1. A certificate of incorporation is
granted incorporating Joseph Marron, Alexandra Karafinas, Martha Ross, Phillipa
Gerstenblett, Carolyn Alvarado and their associates and successors as an
education corporation under the corporate name of Long Beach Island Landmarks
Association, located in Long Beach, county of Nassau, state of New York.
2.
The purpose
for which such corporation is formed are:
a. To encourage the suitable marking of
places of historic interest on Long Beach Island;
b. To
acquire endangered structures and sites;
c. To
list sites and structures on the National Register of Historic Places;
d. To
establish appropriate historic districts;
e. To sponsor educational programs to
encourage individuals and others to landmark their property;
f. To preserve and protect the built
environment of Long Beach Island, including historic neighborhoods, landmarked
buildings, structures, parks, streetscapes, and sites;
g. To raise public awareness and promote
the preservation and appreciation of the built environment through research and
scholarship, organized cultural activities, public programs, events and
lectures, membership and design technical assistance services;
h. To coordinate programs and events
within the City of Long Beach with the Long Beach Historical and Preservation
Society; and
i. To
promote and foster cooperation among other societies.
3.
The persons
named as incorporators shall constitute the first board of trustees. The board shall have power to adopt bylaws,
including therein provisions fixing the method of election and the term of
office of trustees, and shall have power by vote of two-thirds of all the
members of the board of trustees to change the number of trustees to be not
more than twenty-five nor less than five.
4.
The names and
post office addresses of the first trustees are as follows:
Joseph
Marron
730
East Olive Street
Long
Beach, New York 11561
Alexandra
Karafinas
84
East Olive Street
Long
Beach, New York 11561
Martha
Ross
151
West Penn Street
Long
Beach, New York 11561
Phillipa
Gerstenblett
111
Wilson Avenue
Long
Beach, New York 11561
Carolyn
Alvarado
257
West Olive Street
Long
Beach, New York 11561
5. The corporation hereby created shall be
a nonstock corporation organized and operated exclusively for educational
purposes, and no part of its earnings or net income shall inure to the benefit
of any individual; and no officer, member, or employee of the corporation shall
receive or be entitled to receive any pecuniary profit from the operations
thereof, except reasonable compensation for services.
6. Notwithstanding
any other provision of these articles the corporation shall not carry on any
other activities not permitted to be carried on (a) by a corporation exempt
from Federal income tax under section 501(c)(3) of the Internal Revenue Code of
1986 (or the corresponding provision of any future United States Internal
Revenue Law) or (b) by a corporation, contributions to which are deductible
under section 170(c)(2) of the Internal Revenue Code of 1986 (or the
corresponding provision of any future United States Internal Revenue Law).
7. No
substantial part of the activities of the corporation shall be devoted to carrying
on propaganda, or otherwise attempting to influence legislation (except to the
extent authorized by Internal Revenue Code section 501(h) as amended, or the
corresponding provision of any future United States Internal Revenue Law,
during any fiscal year or years in which the corporation has chosen to utilize
the benefits authorized by the statutory provision), and the corporation shall
not participate in or intervene (including the publishing or distribution of
statements) in any political campaign on behalf of, or in opposition to, any
candidate for public office.
8. Upon
dissolution of the corporation, the board of trustees shall, after paying or
making provision for the payment of all the liabilities of the corporation,
dispose of the remaining assets of the corporation exclusively for one or more
exempt purposes, within the meaning of section 501(c)(3) of the Internal
Revenue Code of 1986 (or the corresponding provision of any future Federal tax
code), or shall distribute the same to the Federal government, or to a state or
local government, for a public purpose.
Any such assets not so disposed of shall be disposed of by order of the
Supreme Court of the State of New York in the judicial district where the principal
office of the corporation is then located, exclusively for such purposes or to
such organization or organizations, organized and operated exclusively for such
purposes, as said Court shall determine.
9. The
principal office of the corporation shall be located at 151 West Penn Street, Long
Beach, New York 11561.
10. The Commissioner of Education is
designated as the representative of the corporation upon whom process in any
action or proceeding against it may be served.
CATHERINE MCAULEY HIGH SCHOOL. An
application having been made by and on behalf of the trustees of Catherine
McAuley High School, for its provisional charter to be amended and, as so
amended, made absolute, and it appearing to the satisfaction of the Regents
that the conditions for an absolute charter have been met, it was
Voted, that the
provisional charter of Catherine McAuley High School, located in Brooklyn,
county of Kings, state of New York, which was granted by action of the Board of
Regents on December 15, 2000; which provisional charter was amended on March
19, 2002 be, and the same hereby is, amended to delete authority to operate
grades seven and eight and, as so amended, the same be, and hereby is, made
absolute.
BIG APPLE EDUCATIONAL CENTER. An
application having been made by and on behalf of the trustees of the Big Apple
Educational Center, for its provisional charter to be amended, it was
Voted, that the
provisional charter of the Big Apple Educational Center, located in Brooklyn,
county of Kings, state of New York, which was granted by action of the Board of
Regents on September 17, 1999; which provisional charter was amended and
extended on November 9, 2001 and further amended on April 23, 2002 be, and the
same hereby is, amended to add authority for the corporation to also operate at
503-507 Lake Street, Brooklyn, New York 11223.
HIGH MEADOW SCHOOL. An
application having been made by and on behalf of the trustees of the High
Meadow School, for its absolute charter to be amended, it was
Voted, that the
provisional charter of the High Meadow School, located in Stone Ridge, county
of Ulster, state of New York, which was granted by action of the Board of
Regents on February 26, 1988; which provisional charter was amended by Regents
action on July 19, 1996 and, as so amended, made absolute be, and the same
hereby is, amended to add authority for the corporation to also operate grades
seven and eight.
OHR TORAH INSTITUTE. An
application having been made by and on behalf of the trustees of the Ohr Torah
Institute, for its absolute charter to be amended, it was
Voted, that the
provisional charter of the Ohr Torah Institute, located in Forest Hills, county
of Queens, state of New York, which was granted by action of the Board of
Regents on June 25, 1982; which provisional charter was made absolute by
Regents action on April 22, 1988 be, and the same hereby is, amended to change
the corporate address to 100 Lakeville Road, New Hyde Park, New York 11040 and
to change the corporate name to “Yeshiva Or Chadash.”
STEIN YESHIVA OF LINCOLN PARK. An
application having been made by and on behalf of the trustees of Stein Yeshiva
of Lincoln Park, for its absolute charter to be amended, it was
Voted, that the
provisional charter of the Stein Yeshiva of Lincoln Park, located in Yonkers,
county of Westchester, state of New York, which was granted by action of the
Board of Regents under the corporate name “Hebrew Day School” on February 21,
1986; which provisional charter was amended by Regents action on October 21,
1988 to change the corporate name to “Yeshiva Day School of Lincoln Park” and
to add authority for the School to operate a grade two through eight program
and, as amended, extended and was made absolute by Regents action on March 26,
1993; which absolute charter was amended by Regents action on April 15, 1994 to
change the corporate name to “Yeshiva of Lincoln Park” and on June 12, 1997 to
change the corporate name to “Stein Yeshiva of Lincoln Park” be, and the same
hereby is, amended to revise paragraph 2. of the absolute charter to read as
follows:
2.
The purposes for which such corporation is formed are:
a. to
operate and maintain a school for the instruction of children in nursery
school, kindergarten and grades one through eight. The corporation shall operate an educational facility for children
ages infants through the eighth grade for more than three hours a day at its
main facility at 287 Central Park Ave., Yonkers, NY 10704 and an additional
facility for kindergarten through eighth grade at 311 Central Park Ave.,
Yonkers NY 10704;
b. to establish and operate day care centers
within the State of New York, provided however, before each such facility shall
be established and opened, the prior written approval of the New York State
Office of Children and Family Services shall be obtained. No merger, consolidation, amendment, or
dissolution shall be permitted without the prior written approval of the New
York State Office of Children and Family Services.
AL-IMAN SCHOOL
Voted,
that
1. A provisional charter valid for a term
of three years is granted incorporating Fadhel Al-Sahlani, Maan Kamel Mohamad
Jwad, Fazleabbas Pirmohammed, Shaaina Remtulla, Mohammed I. Razvi and their
associates and successors as an education corporation under the corporate name
of Al-Iman School, located in Jamaica, county of Queens, state of New York.
2. The purposes for which such corporation is
formed are to operate a pre-kindergarten, a kindergarten and a grade one
through twelve school emphasizing, in addition to a rigorous academic
curriculum, a strong Islamic atmosphere.
3.
The persons named as incorporators shall constitute the first board of
trustees. The board shall have power to
adopt bylaws, including therein provisions fixing the method of election and
the term of office of trustees, and shall have power by vote of two-thirds of
all the members of the board of trustees to change the number of trustees to be
not more than twenty-five nor less than five.
4. The names and post office addresses of
the first trustees are as follows:
Fadhel
Al-Sahlani
137-33 90th
Avenue
Jamaica, New York
11435
Maan Kamel
Mohamad Jwad
137-33 90th
Avenue
Jamaica, New York
11435
Fazleabbas
Pirmohammed
11 Audrey Avenue
Elmont, New York
11003
Shaaina Remtulla
100 East Maple
Street
Valley Stream,
New York 11580
Mohammed I. Razvi
113-12 Myrtle
Avenue
Richmond Hills,
New York 11418
5. The corporation hereby created shall be
a nonstock corporation organized and operated exclusively for educational
purposes, as defined in section 501(c)(3) of the Internal Revenue Code of 1986
(or the corresponding provision of any future Federal tax code), and no part of
the net earnings or net income shall inure to the benefit of any member,
trustee, director or officer of the corporation, or any private individual
(except that reasonable compensation may be paid for services rendered to or
for the corporation), and no member, trustee, director or officer of the
corporation, or any private individual, shall be entitled to share in the
distribution of any of the corporate assets upon dissolution of the corporation.
6. Notwithstanding any other provision of
these articles the corporation shall not carry on any other activities not
permitted to be carried on (a) by a corporation exempt from Federal income tax
under section 501(c)(3) of the Internal Revenue Code of 1986 (or the
corresponding provision of any future Federal tax code) or (b) by a
corporation, contributions to which are deductible under section 170(c)(2) of
the Internal Revenue Code of 1986 (or the corresponding provision of any future
Federal tax code).
7. No substantial part of the activities
of the corporation shall be devoted to carrying on propaganda, or otherwise
attempting to influence legislation, (except to the extent authorized by
Internal Revenue Code section 501(h) as amended, or the corresponding provision
of any future Federal tax code, during any fiscal year or years in which the
corporation has chosen to utilize the benefits authorized by the statutory
provision) and the corporation shall not participate in or intervene (including
the publishing or distribution of statements) in any political campaign on
behalf of or in opposition to any candidate for public office.
8. Upon
dissolution of the corporation, the board of trustees shall, after paying or
making provision for the payment of all the liabilities of the corporation,
dispose of the remaining assets of the corporation exclusively for one or more
exempt purposes, within the meaning of section 501(c)(3) of the Internal
Revenue Code of 1986 (or the corresponding provision of any future Federal tax
code), or shall distribute the same to the Federal government, or to a state or
local government, for a public purpose.
Any such assets not so disposed of shall be disposed of by order of the
Supreme Court of the State of New York in the judicial district where the
principal office of the corporation is then located, exclusively for such
purposes or to such organization or organizations, organized and operated
exclusively for such purposes, as said Court shall determine.
9. The institution of the corporation
shall be located at 89-89 Van Wyck Expressway, Jamaica, New York 11435.
10. The
Commissioner of Education is designated as the representative of the
corporation upon whom process in any action or proceeding against it may be
served.
11. Such
provisional charter will be made absolute if, within three years after the date
when this charter is granted, the corporation shall acquire resources and
equipment which are available for its use and support and which are sufficient
and suitable for its chartered purposes in the judgment of the Regents of the
University, and shall be maintaining an institution of educational usefulness
and character satisfactory to the Regents.
Prior to the expiration of said three-year period, an application for the
extension of such provisional charter or for an absolute charter will be
entertained by the Regents, but in the event that such application is not made,
then at the expiration of said term of three years, and upon notice by the
Regents, such provisional charter shall terminate and become void and shall be
surrendered to the Regents.
CHILDREN AT PLAY EARLY INTERVENTION CENTER
Voted,
that
1. A provisional charter valid for a term
of three years is granted incorporating Egon Salmon, Henry Salmon, Linda Salmon,
Zoltan Kemeny, Rein Eichinger and their associates and successors as an
education corporation under the corporate name of Children at Play Early
Intervention Center, located in Staten Island, county of Richmond, state of New
York.
2. The purposes for which such corporation is
formed are:
a. To operate and maintain special
education and ancillary educational programs and services for pre-school and
school-age children with disabilities which may include the operation of a
nursery school, and in support of and to supplement pre-school and school-age
general education curriculum, provided that any such program meets the
standards of the appropriate regulating agency;
b. To provide early intervention, special
instruction and therapeutic services to infants and toddlers with disabilities,
and their families;
c. To provide instructional and enrichment
services to pre-school children and their families;
d. To provide instruction and therapeutic
and clinical interventions in support of the physical, cognitive, social and
behavioral development of young children with disabilities
e. To establish and operate day care
centers within New York State, initially within Richmond County, provided
however, before each such facility shall be established and operated, the prior
written approval of the New York State Office of Children and Family Services
(OCFS) or the New York City Department of Health, for those corporations
located within New York City, will be obtained; provided further, that no
certificate of amendment, merger, consolidation, or dissolution shall be filed
without the prior written approval of the New York State Office of Children and
Family Services;
f. To research and design both
individualized and group programs to help facilitate the growth, development,
and learning of children with disabilities and their non-disabled peers;
g. To furnish those children with
disabilities who are home bound with programs and services of the school within
the home;
h. To involve parents in their children’s
development as participants and facilitators in the programs of the school;
i. To engage in the training of staff to
aid in the growth, development and learning of such children with and without
disabilities;
j. To provide information and materials
to the public relating to the programs developed by the corporation, the
results of activities conducted by the corporation and the problems of such
children with disabilities and for such other instruction, education and
guidance as may be determined from time to time by the board of trustees of the
corporation to be necessary or appropriate to carry out the charitable and
educational mission of the corporation; and
k. To directly or indirectly, either alone
or in conjunction with others, to do any and all lawful acts and things and to
engage in any and all lawful activities which may be necessary, useful,
suitable, desirable, or proper for the furtherance, accomplishment, fostering,
or attainment of any or all of the purposes for which the corporation is
organized, and to aid or assist other organizations to attain any such purpose,
but not for the pecuniary profit or financial gain of its members, directors or
officers.
3.
The persons named as incorporators shall constitute the first board of
trustees. The board shall have power to
adopt bylaws, including therein provisions fixing the method of election and
the term of office of trustees, and shall have power by vote of two-thirds of
all the members of the board of trustees to change the number of trustees to be
not more than twenty-five nor less than five.
4. The names and post office addresses of
the first trustees are as follows:
Egon Salmon
69 Harwood Road
Jamesburg, New
Jersey 08831
Henry Salmon
13 Devon Road
Edison, New
Jersey 08820
Linda Salmon
13 Devon Road
Edison, New
Jersey 08820
Zoltan
Kemeny
35 N. 6th
Avenue
Highland Park,
New Jersey 08904
Rein Eichinger
230 Locust Drive
Yardville, New
Jersey 08620
5. The corporation hereby created shall be
a nonstock corporation organized and operated exclusively for educational
purposes, as defined in section 501(c)(3) of the Internal Revenue Code of 1986
(or the corresponding provision of any future Federal tax code), and no part of
the net earnings or net income shall inure to the benefit of any member, trustee,
director or officer of the corporation, or any private individual (except that
reasonable compensation may be paid for services rendered to or for the
corporation), and no member, trustee, director or officer of the corporation,
or any private individual, shall be entitled to share in the distribution of
any of the corporate assets upon dissolution of the corporation.
6. Notwithstanding any other provision of
these articles the corporation shall not carry on any other activities not
permitted to be carried on (a) by a corporation exempt from Federal income tax
under section 501(c)(3) of the Internal Revenue Code of 1986 (or the
corresponding provision of any future Federal tax code) or (b) by a
corporation, contributions to which are deductible under section 170(c)(2) of
the Internal Revenue Code of 1986 (or the corresponding provision of any future
Federal tax code).
7. No substantial part of the activities
of the corporation shall be devoted to carrying on propaganda, or otherwise
attempting to influence legislation, (except to the extent authorized by
Internal Revenue Code section 501(h) as amended, or the corresponding provision
of any
future Federal tax code, during any fiscal
year or years in which the corporation has chosen to utilize the benefits
authorized by the statutory provision) and the corporation shall not
participate in or intervene (including the publishing or distribution of
statements) in any political campaign on behalf of or in opposition to any
candidate for public office.
8. Nothing herein shall authorize the
corporation:
a. To
establish, operate, construct, lease or maintain a hospital or to provide
hospital service or health related service or to operate a home care services
agency, a hospice or a health maintenance organization, or to provide a
comprehensive health services plan, as defined in and covered by Articles 28,
36, 40 and 44, respectively, of Public Health Law, or to solicit, collect, or
otherwise raise or obtain any funds, contributions or grants from any source
for the establishment or operation of any hospital in New York State. In
addition, the corporation’s purposes do not authorize the corporation to
establish, operate or maintain an adult home, residence for adults or enriched
housing program as provided by Article 7 of the Social Services Law, or to
solicit contributions for any such purposes, nor to operate a facility or
service as defined in Article 28 of the Public Health Law or Article 31 of the
Mental Hygiene Law.
b. To
provide Early Intervention services without obtaining all approvals required by
Title II-A of Article 25 of the Public Health Law, Title 10 of the Codes, Rules
and Regulations of the state of New York or any other applicable law or
regulation.
c. To
provide professional training leading to licensure in the profession of
medicine or any other profession required by Title VII of the Education Law; or
d. To
operate or maintain a charter school or secondary school.
9. Upon
dissolution of the corporation, the board of trustees shall, after paying or
making provision for the payment of all the liabilities of the corporation,
dispose of the remaining assets of the corporation exclusively for one or more
exempt purposes, within the meaning of section 501(c)(3) of the Internal
Revenue Code of 1986 (or the corresponding provision of any future Federal tax
code), or shall distribute the same to the Federal government, or to a state or
local government, for a public purpose.
Any such assets not so disposed of shall be disposed of by order of the
Supreme Court of the State of New York in the judicial district where the
principal office of the corporation is then located, exclusively for such
purposes or to such organization or organizations, organized and operated
exclusively for such purposes, as said Court shall determine.
10. The principal office of the corporation
shall be located at 40 Merrill Avenue, Staten Island, New York 10314.
10. The
Commissioner of Education is designated as the representative of the
corporation upon whom process in any action or proceeding against it may be
served.
11. Such
provisional charter will be made absolute if, within three years after the date
when this charter is granted, the corporation shall acquire resources and
equipment which are available for its use and support and which are sufficient
and suitable for its chartered purposes in the judgment of the Regents of the
University, and shall be maintaining an institution of educational usefulness
and character satisfactory to the Regents.
Prior to the expiration of said three-year period, an application for
the extension of such provisional charter or for an absolute charter will be
entertained by the Regents, but in the event that such application is not made,
then at the expiration of said term of three years, and upon notice by the
Regents, such provisional charter shall terminate and become void and shall be
surrendered to the Regents.
JAMAICA MONTESSORI ASSOCIATES
Voted,
that
1. A provisional charter valid for a term
of three years is granted incorporating Sallie Phelps, Job Kyler, Malvena
Bovell, Larry Desvigens, Marc D. Combs and their associates and successors as
an education corporation under the corporate name of Jamaica Montessori
Associates, located in Jamaica, county of Queens, state of New York.
2. The purposes for which such corporation is
formed are:
a. To operate and maintain special
education and ancillary educational programs and services for pre-school and
school-age children with disabilities which may include the operation of a
nursery school, and in support of pre-school and school-age general education
curriculum, provided that any such programs meets the standards of the
appropriate regulating agency;
b. To provide early intervention, special
instruction and therapeutic services to infants and toddlers with disabilities,
and their families;
c. To provide instructional and enrichment
services to pre-school children and their families;
d. To provide instruction and therapeutic
and clinical interventions in support of the physical, cognitive, social and
behavioral development of young children with disabilities;
e. To establish and operate day care
centers within New York State, initially within Queens County, provided
however, before each such facility shall be established and opened, the prior
written approval of the New York State Office of Children and Family Services
(OCFS) or the New York City Department of Health, for those corporations
located within New York City, will be obtained, and for other such instruction,
education and guidance as may be determined from time to time by the board of
trustees of the corporation to be necessary or appropriate to carry out the
charitable and educational mission of the corporation; and
f. To directly or indirectly, either
alone or in conjunction with others, to do any and all lawful acts and things
and to engage in any and all lawful activities which may be necessary, useful,
suitable, desirable, or proper for the furtherance, accomplishment, fostering,
or attainment of any or all of the purposes for which the corporation is
organized, and to aid or assist other organizations to attain any such purpose,
but not for the pecuniary profit or financial gain of its members, directors or
officers.
3.
The persons named as
incorporators shall constitute the first board of trustees. The board shall have power to adopt bylaws,
including therein provisions fixing the method of election and the term of
office of trustees, and shall have power by vote of two-thirds of all the members
of the board of trustees to change the number of trustees to be not more than
twenty-five nor less than five.
4. The names and post office addresses of
the first trustees are as follows:
Sallie Phelps
71-15
Beach Channel Drive
#4A
Far
Rockaway, New York 11692
Job
Kyler
10
Irving Avenue
Freeport
New York 11520
Malvena
Bovell
104-40
165 Street
Jamaica,
New York 11433
Larry
Desvigens
420
Beach 65th Street
Far
Rockaway, New York 11692
Marc
D. Combs
206-20
46 Road
Bayside,
New York 11361
5. The corporation hereby created shall be
a nonstock corporation organized and operated exclusively for educational
purposes, as defined in section 501(c)(3) of the Internal Revenue Code of 1986
(or the corresponding provision of any future Federal tax code), and no part of
the net earnings or net income shall inure to the benefit of any member,
trustee, director or officer of the corporation, or any private individual
(except that reasonable compensation may be paid for services rendered to or
for the corporation), and no member, trustee, director or officer of the
corporation, or any private individual, shall be entitled to share in the
distribution of any of the corporate assets upon dissolution of the
corporation.
6. Notwithstanding any other provision of
these articles the corporation shall not carry on any other activities not
permitted to be carried on (a) by a corporation exempt from Federal income tax
under section 501(c)(3) of the Internal Revenue Code of 1986 (or the
corresponding provision of any future Federal tax code) or (b) by a corporation,
contributions to which are deductible under section 170(c)(2) of the Internal
Revenue Code of 1986 (or the corresponding provision of any future Federal tax
code).
7. No substantial part of the activities
of the corporation shall be devoted to carrying on propaganda, or otherwise
attempting to influence legislation, (except to the extent authorized by
Internal Revenue Code section 501(h) as amended, or the corresponding provision
of any future Federal tax code, during
any fiscal year or years in which the corporation has chosen to utilize the
benefits authorized by the statutory provision) and the corporation shall not
participate in or intervene (including the publishing or distribution of
statements) in any political campaign on behalf of or in opposition to any
candidate for public office.
8. Nothing herein shall authorize the
corporation:
a. To
establish, operate, construct, lease or maintain a hospital or to provide
hospital service or health related service or to operate a home care services
agency, a hospice or a health maintenance organization, or to provide a
comprehensive health services plan, as defined in and covered by Articles 28,
36, 40 and 44, respectively, of Public Health Law, or to solicit, collect, or
otherwise raise or obtain any funds, contributions or grants from any source
for the establishment or operation of any hospital in New York State. In
addition, the corporation’s purposes do not authorize the corporation to
establish, operate or maintain an adult home, residence for adults or enriched
housing program as provided for by Article 7 of the Social Services Law, or to
solicit contributions for any such purposes;
b. To
provide Early Intervention services without obtaining all approvals required by
Title II-A of Article 25 of the Public Health Law, Title 10 of the Codes, Rules
and Regulations of the state of New York or any other applicable law or
regulation; or
c. To
provide professional training leading to licensure in the profession of
medicine or any other profession required to be licensed by Title VIII of the
Education Law.
9. Upon
dissolution of the corporation, the board of trustees shall, after paying or
making provision for the payment of all the liabilities of the corporation,
dispose of the remaining assets of the corporation exclusively for one or more
exempt purposes, within the meaning of section 501(c)(3) of the Internal
Revenue Code of 1986 (or the corresponding provision of any future Federal tax
code), or shall distribute the same to the Federal government, or to a state or
local government, for a public purpose.
Any such assets not so disposed of shall be disposed of by order of the
Supreme Court of the State of New York in the judicial district where the
principal office of the corporation is then located, exclusively for such
purposes or to such organization or organizations, organized and operated
exclusively for such purposes, as said Court shall determine.
10. The principal office of the corporation
shall be located at 90-01 Merrick Boulevard, Jamaica, New York 11432.
10. The
Commissioner of Education is designated as the representative of the
corporation upon whom process in any action or proceeding against it may be
served.
11. Such
provisional charter will be made absolute if, within three years after the date
when this charter is granted, the corporation shall acquire resources and
equipment which are available for its use and support and which are sufficient
and suitable for its chartered purposes in the judgment of the Regents of the
University, and shall be maintaining an institution of educational usefulness
and character satisfactory to the Regents.
Prior to the expiration of said three-year period, an application for
the extension of such provisional charter or for an absolute charter will be
entertained by the Regents, but in the event that such application is not made,
then at the expiration of said term of three years, and upon notice by the
Regents, such provisional charter shall terminate and become void and shall be
surrendered to the Regents.
FIRST NURSERY SCHOOL OF UTICA. An
application having been made by and on behalf of the trustees of First Nursery
School of Utica, for its provisional charter to be extended, it was
Voted, that the
provisional charter of First Nursery School of Utica, located in Utica, county
of Oneida, state of New York, which was granted by action of the Board of
Regents on November 10, 2000 be, and the same hereby is, extended until January
12, 2007; and prior to that date, an application for the further extension of such
provisional charter or for an absolute charter will be entertained by the
Regents, but, in the event that such application is not made, then after
January 12, 2007 and upon notice by the Regents, such provisional charter shall
terminate and become void and shall be surrendered to the Regents.
TREY WHITFIELD SCHOOL. An
application having been made by and on behalf of the trustees of Trey Whitfield
School, for its provisional charter to be extended, it was
Voted, that the
provisional charter of Trey Whitfield School, located in Brooklyn, county of
Kings, state of New York, which was granted by action of the Board of Regents
on November 10, 2000 be, and the same hereby is, extended until January 12,
2007; and prior to that date, an application for the further extension of such
provisional charter or for an absolute charter will be entertained by the
Regents, but, in the event that such application is not made, then after
January 12, 2007 and upon notice by the Regents, such provisional charter shall
terminate and become void and shall be surrendered to the Regents.
BABIES
PREP SCHOOL. An application having
been made by and on behalf of the trustees of Babies Prep School, for its
charter to be dissolved, and for approval of the transfer of the student records
and the distribution of its remaining corporate assets to Graham-Windham, and
it appearing from the petition that all taxes payable by the corporation have
been paid, it was
Voted,
that the provisional charter of the Babies Prep School, located in the city,
county, and state of New York, which was granted by action of the Board of
Regents on February 3, 1995 to operate a center-based and home-based preschool
for disabled children from birth to five years of age; to apply the science and
technology of behavior analysis to the assessment, instruction and evaluation
of each child’s skills in each domain; and to reduce the social isolation of
disabled and health-impaired infants and toddlers and their families; which
corporation was consolidated by Regents action on February 3, 1995 with the
Babies Prep School for Health-Education-Research, Inc., a domestic
not-for-profit corporation incorporated under §402 of the Not-For-Profit
Corporation Law (NPCL) on October 12, 1993, with the surviving corporation being
the Babies Prep School; which provisional charter was amended on July 16, 1999
to change the corporate address and to add authority for the school to also
operate a special education itinerant teacher program be, and the same
hereby is, dissolved, and that notice to such effect be given to the board of
trustees of the corporation, and that the transfer of the students’ records and
the distribution of the corporation’s remaining assets to Graham-Windham be,
and the same hereby is, approved.
MEDAILLE COLLEGE. An application having been made by and on
behalf of the trustees of Medaille College, for an amendment of its charter, it
was
Voted,
that the absolute charter in the first instance of Medaille College, located in
the city of Buffalo, county of Erie, and state of New York, which was granted
by action of the Board of Regents on October 25, 1968; which charter was
amended on June 27, 1975, April 29, 1976, June 14, 1996, July 18, 1997,
September 18, 1998, July 19, 2001 and February 11, 2003 be, and the same hereby
is, amended to add authority for the corporation to confer, at its branch
campus at Brighton, the degree of Master of Arts (M.A.).
APPENDIX II
REGENTS ACTIONS IN 36 PROFESSIONAL DISCIPLINE CASES
January 12, 2004
The Board of Regents
announced disciplinary actions resulting in the revocation of 3 licenses,
surrender of 5 licenses, and 27 other disciplinary actions.
Edwin Andrews; 16372 Ravens Roost Drive, Rogers, AZ 72756;
Lic. No. 023886;
Cal. No. 21268; Application to surrender license granted. Summary: Licensee admitted to the charge of
having been found guilty by the duly authorized professional disciplinary
agency of another state of overprescribing controlled substances for non-dental
reasons.
Lynne E. Clough; Licensed Practical
Nurse; 2004 Eastern Parkway, Schenectady, NY 12309; Lic. No. 161531; Cal. No. 20718; Found guilty of professional misconduct;
Penalty: Revocation.
Samuel Monroe; Licensed Practical Nurse, Registered
Professional Nurse; P.O. Box 6098, Virginia Beach, VA 23456; Lic. Nos. 057766, 237046; Cal.
Nos. 21071, 21072;
Application to surrender licenses
granted. Summary: Licensee admitted to the charge of
having been convicted of Bankruptcy Fraud and Making a False Statement.
Therese Williams; Registered Professional Nurse; 1311
Bastogne Court, Fort Wainwright, Fairbanks, AK 99703; Lic. No. 471432; Cal. No. 21265; Application to surrender license
granted. Summary: Licensee admitted to the charge of
having been found guilty by the duly authorized professional disciplinary
agency of another state of repeatedly obtaining controlled substances by fraud.
Pharmacy
Clunie Bernard; 247 Harris Road, Bedford, NY
10507; 11 Depew Avenue, Yonkers, NY 10710; Lic. No. 038410; Cal. No. 20643; Found
guilty of professional misconduct; Penalty: Revocation.
Psychology
Melvin I. Fishman; 98 Cuttermill Road, Great Neck,
NY 11021; Lic. No. 001448;
Cal. No. 21182; Application to surrender license granted. Summary: Licensee
did not contest the charge of negligent handling of the transference and
counter transference between the licensee and patient.
Public Accountancy
Harry Stern a/k/a Harry L. Stern; Certified Public Accountant; 91A
West Carlton Road, Suffern, NY 10901; Lic. No. 037375; Cal. No. 20588; Found
guilty of professional misconduct; Penalty: Revocation.
Gary N. Olson; 285-10 Commack Road, Commack, NY 11725; Lic. No. 009393; Cal. No. 21153; Application for consent order granted;
Penalty agreed upon: 2 year suspension, execution of suspension stayed,
probation 2 years, $750 fine.
Michael Christopher Shaffer; P.O. Box 39, 7 Maple Avenue, Philmont,
NY 12565; Lic. No. 003671;
Cal. No. 21190; Application for consent order granted;
Penalty agreed upon: 2 year suspension, execution of suspension stayed,
probation 2 years, $1,500 fine.
John A. Behrmann; P.O. Box 1096, Clifton Park, NY 12065; Lic.
No. 022679; Cal.
No. 20427; Application for consent order granted;
Penalty agreed upon: Suspension for no less than 1 year and until
terminated as set forth in consent order application – upon termination of
suspension, probation 2 years to commence upon return to practice.
Michael Eugene Novy; 20 Waterside
Plaza, New York, NY 10010; Lic. No. 048016;
Cal. No. 21086; Application for consent order granted;
Penalty agreed upon: 1 year suspension, execution of suspension stayed,
probation 1 year, $500 fine.
Robert Tallering; 433 Route 9W – P.O.
Box 1534; Highland, NY 12528; Lic. No. 034582;
Cal. No. 21149; Application for consent order granted;
Penalty agreed upon: 2 year suspension, execution of suspension stayed,
probation 2 years, $7,500 fine.
Robert J. Tallering, D.D.S., P.C.; 433
Route 9W – P.O. Box 1534; Highland, NY 12528; Cal. No. 21154; Application
for consent order granted; Penalty agreed upon: 2 year suspension,
execution of suspension stayed, probation 2 years.
Scott Turkewitz; 316 Commercial Avenue,
Clifton Forge, VA 24422; Lic. No. 043290;
Cal. No. 21162; Application for consent order granted; Penalty
agreed upon: 24 month suspension, execution of last 21 months of suspension
stayed, probation 2 years.
Leslie A. Dudek; Licensed Practical
Nurse; 174½ Fulton Avenue, Rochester, NY 14613; Lic. No. 254916; Cal. No. 20352; Found guilty of professional misconduct;
Penalty: 24 month suspension, execution of last 23 months of suspension
stayed, probation 23 months to commence upon return to practice.
Anita J. Popluhar; Licensed Practical
Nurse; 7750 Black Creek Road, Kirkville, NY 13082; Lic. No. 205570; Cal. No. 20545; Application for consent order granted;
Penalty agreed upon: Partial suspension in certain area until terminated as
set forth in consent order application, probation 1 year, $500 fine.
Audra Lynne VanDusen a/k/a Audra Lynne
Ennett; Licensed Practical Nurse; 7664 Kilborne Road, Rome, NY 13440; Lic.
No. 261487; Cal.
No. 20855; Application for consent order granted;
Penalty agreed upon: 2 year suspension, execution of suspension stayed,
probation 2 years, $750 fine.
Kathleen V. Summers; Registered
Professional Nurse; 5721 Jerry Road, Marcy, NY 13403; Lic. No. 256414; Cal. No. 20875; Application for consent order granted;
Penalty agreed upon: 1 year suspension, execution of last 9 months of
suspension stayed, probation 1 year, $500 fine.
Robin A. Curtis; Registered Professional
Nurse; 173 Worthington Road, Rochester, NY 14622; Lic. No. 315104; Cal. No. 20942; Application for consent order granted;
Penalty agreed upon: Suspension until terminated as set forth in consent order
application – upon termination of suspension, probation 1 year to commence upon
return to practice.
Frank Joseph Gilberti; Registered
Professional Nurse; 225 Hacadam Road, Sauquoit, NY 13456; Lic. No. 401390; Cal. No. 21073; Application for consent order granted;
Penalty agreed upon: 2 year suspension, execution of last 16 months of
suspension stayed, probation 2 years to commence upon return to practice,
$1,000 fine.
Sharon McCaffrey; Registered
Professional Nurse; 3770 New York Avenue, Seaford, NY 11783; Lic. No. 265781; Cal. No. 21095; Application for consent order granted;
Penalty agreed upon: 2 year suspension, execution of suspension stayed,
probation 2 years, $500 fine.
Marilyn Cheree Peters-Burton; Licensed
Practical Nurse; 514 Michigan Avenue, Mobile, AL 36604; Lic. No. 267967; Cal. No. 21111; Application for consent order granted;
Penalty agreed upon: 1 year suspension, execution of suspension stayed,
probation 1 year to commence upon return to practice, $250 fine.
Ellen Elizabeth Torrey-Blair; Licensed
Practical Nurse, Registered Professional Nurse; 2471 Gunther Avenue, Bronx, NY
10469; Lic. Nos. 082811,
463268; Cal. Nos. 21125,
21126; Application for consent
order granted; Penalty agreed upon: 1 year suspension, execution of
suspension stayed, probation 1 year, $500 fine.
Yvette Jasnith Henry; Registered
Professional Nurse; 858 East 216th Street, Bronx, NY 10467; Lic. No.
434710; Cal. No. 21127; Application for consent order granted;
Penalty agreed upon: 1 year suspension, execution of suspension stayed,
probation 1 year, $1,000 fine.
Kimm C. Riesel; Licensed Practical
Nurse; 160 Summit Street, Mohawk, NY 13407; Lic. No. 237211; Cal. No. 21177; Application
for consent order granted; Penalty agreed upon: 1 year suspension,
execution of suspension stayed, probation 1 year, $250 fine.
Sophia Abraham David; Licensed
Practical Nurse; 72-57 Little Neck Parkway, Glen Oaks, NY 11004; Lic. No. 244729; Cal. No. 21183; Application for consent order granted;
Penalty agreed upon: 2 year suspension, execution of last 22 months of
suspension stayed, probation 2 years, $1,000 fine.
David Michael Wickers; 985 Ocean Avenue, Brooklyn, NY 11226; Lic.
No. 036634; Cal.
No. 20670; Found guilty of professional misconduct;
Penalty: Suspension until terminated as set forth in Regents Review
Committee report – upon termination of suspension, probation 2 years.
Bruce E. Martin; 4082 Sesame Path,
Liverpool, NY 13090; Lic. No. 034831;
Cal. No. 21131; Application for consent order granted;
Penalty agreed upon: Censure and Reprimand, probation 1 year, $500 fine.
Jeffrey Stein; 110 Artist Lake Drive,
Middle Island, NY 11953; Lic. No. 029690;
Cal. No. 21267; Application for consent order granted;
Penalty agreed upon: Suspension, but in no event for less than 1 year and
until terminated as set forth in consent order application – upon termination
of suspension, probation 2 years to commence upon return to practice.
Daniel D. Semko; 3923 Chester Boulevard, Richmond, IN 47374;
Lic. No. 003517;
Cal. No. 21221; Application for consent order granted;
Penalty agreed upon: 1 year suspension, probation 2 years.
Suzanne Haritatos-Semko; 3923 Chester
Boulevard, Richmond, IN 47374; Lic. No. 003652;
Cal. No. 21222; Application for consent order granted;
Penalty agreed upon: 1 year suspension, probation 2 years.
Katherine F. Robert; 400 Plaza Drive, Vestal, NY 13850; Lic. No.
060298; Cal. No. 20978; Application for consent order granted;
Penalty agreed upon: 1 year suspension, execution of last 6 months of
suspension stayed, probation 2 years to commence upon return to practice, $500
fine.
Todd Patrick Kennedy; 927 Edgecreek
Trail, Rochester, NY 14609; Lic. No. 058568;
Cal. No. 21112; Application for consent order granted;
Penalty agreed upon: 24 month suspension, execution for the last 21 months
of suspension stayed, probation 3 years, $2,500 fine.