SUMMARY OF THE MAY MEETING

 

OF THE BOARD OF REGENTS

 

OF

 

THE UNIVERSITY OF THE STATE OF NEW YORK

 

Held at the State Education Building

Albany, New York

 

May 22 and 23, 2006

 

 

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, May 22 at 10:00 a.m. and Tuesday, May 23 at 1:00 p.m. pursuant to a call duly sent to each Regent.

 

MEETING OF THE FULL BOARD, Monday, May 22, 10:00 a.m.

 

Board Members in Attendance:

 

Robert M. Bennett, Chancellor

Adelaide L. Sanford, Vice Chancellor

Saul B. Cohen

James C. Dawson

Anthony S. Bottar

Merryl H. Tisch

Geraldine D. Chapey

Arnold B. Gardner

Harry Phillips, 3rd

Joseph E. Bowman, Jr.

James R. Tallon, Jr.

John Brademas

Roger B. Tilles

Karen Brooks Hopkins

 

            Also present were the President of The University and Commissioner of Education, Richard P. Mills, Counsel and Deputy Commissioner for Legal Affairs, Kathy A. Ahearn, and the Secretary, Board of Regents, David Johnson.   Regents Lorraine Cortés-Vázquez and Milton L. Cofield 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, May 23, 2006 at 7:45 a.m., for the purpose of discussing a personnel matter.

 

            Motion by:                Vice Chancellor Adelaide L. Sanford

            Seconded by:         Regent James C. Dawson

            Action:                      Motion carried unanimously

 

 


 

Charter Applications

BR (A) 1

 

MOVED, that the Regents approve each application in accordance with the recommendations contained in the respective summaries, with the following amendment:  the fourth line under item Number 3 (Olean Public Library) of the Cultural Education charter summaries should read “The board of trustees has applied for an amendment to the absolute charter to specify the number of trustees to be not less than five nor more than fifteen.”

 

            Motion by:                Regent James C. Dawson

            Seconded by:         Regent Joseph E. Bowman, Jr.

Action:                      Motion carried unanimously

 

 

Summary of the April 2006 Meeting

BR (A) 2

 

            MOVED, that the Summary of the April 2006 Meeting of the Board of Regents of The University of the State of New York be approved.

 

            Motion by:                Regent Harry Phillips, 3rd

            Seconded by:         Regent James R. Tallon, Jr.

            Action:                      Motion carried unanimously

 

 

Supplemental Charter Applications for May 2006

BR (A) 3

 

MOVED, that the Regents approve each application in accordance with the recommendations contained in the respective summaries.

 

            Motion by:                Regent Roger B. Tilles

            Seconded by:         Regent Joseph E. Bowman, Jr.

Action:                      Motion carried unanimously

 

 

Amendment to the Rules of the Board of Regents Concerning the Name and Scope of Responsibilities of the Committee on Quality

BR (A) 6

 

This amendment, adopted as an emergency measure at the March Regents meeting, will conform the Rules of the Board of Regents to a change in the committee structure of the Board of Regents so that the Board may more effectively meet its statutory responsibilities.  The Committee on Quality will be abolished and a new Committee on Policy Integration and Innovation will be established.

 

            MOVED, that subdivision (a) and paragraph (1) of subdivision (d) of Section 3.2 of the Rules of the Board of Regents be amended, as submitted, effective June 15, 2006.

 

            Motion by:                Regent Saul B. Cohen

            Seconded by:         Regent Joseph E. Bowman, Jr.

            Action:                      Motion carried unanimously

 

 

DISCUSSION ITEMS

 

Commissioner’s Report to the Board

 

            The Commissioner’s written monthly report focused on seven subject areas the Board will vote upon or discuss during the monthly meeting: Help Them All to Graduate; Teacher Supply and Demand; Roosevelt School District; Advisory Councils; Students with Disabilities; Proprietary Colleges in New York State; and, Creating the VR System of the Future.

 

 

Results for Students and Individuals with Disabilities – 2004-2005

BR (D) 1

 

            The Board received a report on the academic achievement of students with disabilities for the 2004-2005 school year.  Following a discussion of the data, four recommendations were presented that will be addressed over several months by the EMSC-VESID Committee.  These include: review and adopt proposals for regulatory reform that reflect the principles of the reauthorized IDEA and provide greater flexibility to school districts; review and approve annual revisions to the State Performance Plan that set clear targets for improved performance and drive consequences for inadequate results, including withholding and/or redirecting funding to drive major program changes; review the certification structures for special education teachers to facilitate a greater supply of qualified candidates; and, support efforts to expand high quality in-State special education options for students with the most severe disabilities.

 

            In discussion, Board members commented that districts are not being held sufficiently accountable and what is the strategy to enforce accountability; there is a need for a clear categorization of disabilities; and, there is an overrepresentation of black males in subjective categories of disabilities and a determination is needed of those specific disabilities.

 

 


 

Roosevelt Union Free School District

BR (D) 2

 

Mr. Edward McCormick, Roosevelt School Board Chairperson, Dr. Laval Wilson, Mr. Carl DeHaney, members of the Board of Education, and Mr. Ronald Ross, Superintendent of Schools, presented a report on the educational progress of the Roosevelt Union Free School District.

 

In discussion, Board members commented that there is a need for closer monitoring of the district by the Department; questioned the effectiveness of technical assistance provided by the Department and requested that the district identify areas of improvement; requested the addition of a communications staff person to the Department’s monitoring team; questioned how the significant number of audit recommendations reflects on the Department’s oversight of the district; and, regarding the Superintendent’s middle school plan, what is the level of support the Regents and Department must provide to achieve success?

 

 

 

MEETING OF THE FULL BOARD, Tuesday, May 23, 1:00 p.m.

 

Board Members in Attendance:

 

Robert M. Bennett, Chancellor

Adelaide L. Sanford, Vice Chancellor

Saul B. Cohen

James C. Dawson

Anthony S. Bottar

Geraldine D. Chapey

Arnold B. Gardner

Harry Phillips, 3rd

James R. Tallon, Jr.

Milton L. Cofield

Roger B. Tilles

 

            Also present were the President of The University and Commissioner of Education, Richard P. Mills, Counsel and Deputy Commissioner for Legal Affairs, Kathy A. Ahearn, and the Secretary, Board of Regents, David Johnson.   Regents Merryl H. Tisch, Joseph E. Bowman, Jr., Lorraine Cortés-Vázquez, John Brademas, and Karen Brooks Hopkins were absent and excused.

 

            Chancellor Bennett called the meeting to order at 1:00 p.m.

 

 


 

ACTION ITEMS

 

Regents Monthly Meeting Dates, January – December 2007

BR (A) 4

 

            Monthly meeting dates for January – December 2007 were submitted for review and approval.  The schedule continues the current policy of two-day meetings, with the exception of July.  It also spaces meetings approximately five weeks apart, continuing the number of meetings in a year at ten and with no meetings in August and November.

 

                        (2007)

 

January 8-9                            Monday-Tuesday

February 12-13                     Monday-Tuesday

March 19-20                          Monday-Tuesday

April 23-24                             Monday-Tuesday

May 21-22                              Monday-Tuesday

June 25-26                             Monday-Tuesday

July 25, 26, 27                       Wednesday, Thursday, Friday

September 10-11                 Monday-Tuesday

October 22-23                       Monday-Tuesday

December 13-14                  Thursday-Friday

 

            MOVED, that the list of Regents meetings dates for the period January – December 2007 is approved.

 

            Motion by:                Regent Harry Phillips, 3rd

            Seconded by:         Regent Milton L. Cofield

            Action:                      Motion carried unanimously

 

 

April 2006 Fiscal Report

BR (A) 5

 

            The Board received the April 2006 Fiscal Report for review and acceptance.

 

            General fund and Federal accounts are in structural balance.  Revenue accounts are in structural balance, allowing for normal reimbursement delays and 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 April 2006 State Education Department Fiscal Report as presented.

 

           


 

Motion by:                Regent Anthony S. Bottar

            Seconded by:         Regent James C. Dawson

            Action:                      Motion carried unanimously

 

 

Extension of Appointment of James L. Knowles as Interim Superintendent at the State School for the Blind

BR (A) 7

 

            MOVED, that the Board of Regents extend the appointment of James L. Knowles as Interim Superintendent of the New York State School for the Blind to June 22, 2007.

 

            Motion by:                Regent James R. Tallon, Jr.

            Seconded by:         Regent James C. Dawson

            Action:                      Motion carried unanimously

 

 

NASBE 2007 Officers Election

[Uncoded]

 

            The Board received background information on candidates seeking election to the office of President-elect and Northeastern Area Director for the 2007 NASBE Board of Directors.

 

            MOVED, that the Board of Regents cast a ballot for Ms. Karabelle Pizzigati, a member of the Maryland State Board of Education, for the Office of President-elect of NASBE.

 

            Motion by:                Regent James C. Dawson

            Seconded by:         Regent Harry Phillips, 3rd

            Action:                      Motion carried unanimously

 

            MOVED, that the Board of Regents cast a ballot for Ms. Karen Farmer White, a member of the Pennsylvania State Board of Education, for the Office of Northeastern Area Director of NASBE.

 

            Motion by:                Regent James C. Dawson

            Seconded by:         Regent Anthony S. Bottar

            Action:                      Motion carried unanimously

 

            Regent James C. Dawson reported briefly on the work of the NASBE Task Force on Early Childhood Education, of which he is a member.  The report of the Task Force will be the subject of a panel discussion at the NASBE Annual Conference in October 2006.

 

 

STANDING COMMITTEE REPORTS

 

            MOVED, that the reports from the Regents Standing Committees be approved as submitted.

 

            Motion by:                Regent James R. Tallon, Jr.

            Seconded by:         Regent James C. Dawson

            Action:                      Motion carried unanimously

 

 

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 May 22, 2006.  Regents Cortés-Vázquez and Tallon were absent and excused.

 

ACTION ITEMS

 

Charter Schools

 

ˇ        Your Committee recommends that the proposed revisions to the charter of the Bronx Charter School for Better Learning be returned to the Charter Schools Institute with the comment that the charter as revised: (1) does not demonstrate that the curriculum proposed to be taught in the 5th grade will be aligned with the New York State learning standards; and (2) does not provide evidence that students in 5th grade will receive instruction in all 11 subject areas.  [EMSC-VESID (A) 5]

 

ˇ        Your Committee recommends approval of the proposed revisions to the charter of the UFT Elementary Charter School, and any amendment to its provisional charter that is necessary, to change its name to the “UFT Charter School” and expand its approved program over the remaining term of its charter to eventually serve grades K-9 in year five of its charter.  [EMSC-VESID (A) 5]

 

ˇ        Your Committee recommends approval of the proposed second renewal charter for the Ark Community Charter School, Troy, and to extend the provisional charter up through and including June 30, 2008.  [EMSC-VESID (A) 6]

 

ˇ        Your Committee recommends approval of the renewal of the COMMUNITY Charter School, Buffalo, from October 5, 2006 through and including July 31, 2007.  [EMSC-VESID (A) 6]

 

ˇ        Your Committee recommends that the proposed second renewal charter for the Stepping Stone Academy Charter School, Buffalo, be returned to the Trustees of the State University of New York for reconsideration, and with the comment that the application does not meet the criteria for approval in Education Law § 2852(2), and with the recommendation that the Trustees abandon the proposed second renewal of the School and proceed with its dissolution after its current charter and provisional charter expire on July 31, 2006.  [EMSC-VESID (A) 6]

 

ˇ        Your Committee recommends approval to grant the proposed second renewal charter for the Brooklyn Charter School, New York City, and to extend the provisional charter for five years up through and including June 30, 2011.  [EMSC-VESID (A) 6]

 

ˇ        Your Committee recommends approval to grant the proposed second renewal charters of the Carl C. Icahn Charter School, New York City, and the Harlem Day Charter School, New York City, and to extend the provisional charters for five years up through and including July 31, 2011.  [EMSC-VESID (A) 6]

 

ˇ        Your Committee recommends approval to grant the proposed second renewal charter for the Family Life Academy Charter School, New York City, and to extend the provisional charter for two years up through and including July 31, 2008. [EMSC-VESID (A) 6]

 

ˇ        Your Committee recommends approval to grant the proposed second renewal charter for the Sisulu-Walker Charter School of Harlem, New York City, and to extend the provisional charter up through and including August 8, 2011.  [EMSC-VESID (A) 6]

 

Regulations

 

ˇ        Your Committee recommends that paragraph (5) of subdivision (c) of section 100.2 of the Regulations of the Commissioner of Education relating to instruction on injury prevention and life safety education be amended, as submitted, effective June 15, 2006.  [EMSC-VESID (A) 1]

 

ˇ        Your Committee recommends that paragraphs (3) and (5) of subdivision (a) of section 100.5 and paragraph (7) of subdivision (b) of section 100.5 of the Regulations of the Commissioner of Education relating to State mathematics graduation and diploma requirements be amended as submitted, effective June 15, 2006.  [EMSC-VESID (A) 2]

 

ˇ        Your Committee recommends that subdivision (b) of section 175.5 of the Regulations of the Commissioner of Education relating to length of a school day for State Aid purposes be amended, as submitted, effective June 15, 2006.  [EMSC-VESID (A) 3]

 

ˇ        Your Committee recommends that section 170.12 of the Regulations of the Commissioner of Education relating to school district and BOCES financial accountability be added, and that subdivisions (d) and (r) of section 170.2 and subdivision (a) of section 170.3 be amended, as submitted, effective June 15, 2006.  [EMSC-VESID (A) 4]

 

ˇ        Your Committee recommends that section 170.12 of the Regulations of the Commissioner of Education be added, and that subdivisions (d) and (r) of section 170.2 and subdivision (a) of section 170.3 be amended, as submitted, effective May 29, 2006, as an emergency action in order to ensure that the emergency rule adopted at the February Regents meeting remains continuously in effect until the effective date of its adoption as a permanent rule. [EMSC-VESID (A) 4]

 

Petition to Exceed the Constitutional Debt Limit

 

ˇ        Your Committee recommends that the Board of Regents give consent to the issuance of bonds and/or bond anticipation notes by the Board of Education of the Stockbridge Valley Central School in an amount not to exceed $161,764 to purchase three school buses and the issuance of such bonds and/or bond anticipation notes in excess of the constitutional debt limit of said school district.  [EMSC-VESID (CA) 1]

 

Roosevelt Union Free School District

 

            The Committee approved a motion to ask the Superintendent and Board Chairperson to provide the Regents with programmatic and fiscal information on the district on a monthly or bi-monthly basis.  The vote was 6 yes and 1 no. 

 

Regent Tilles will work with the co-chairs of the Committee to schedule a visit to the district by a Visiting Committee of Regents before the end of this school year.

 

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 May 22, 2006, copies of which have been distributed to each Regent.

 

MATTERS NOT REQUIRING BOARD ACTION

 

Policy on the use of aversive or noxious stimuli in public and private schools serving students with disabilities  [EMSC-VESID (D) 1]

 

The Committee discussed what would happen to current students if the draft regulations were adopted, who makes the decision on whether a student receives aversive behavior therapy, and whether the recommendation for a child-specific exception to the prohibition would be based on a unanimous decision of the panel.  The Committee also asked for the following information:  the exact number of students and profile of students from New York State that are currently attending the Judge Rotenburg Center (JRC); the number of students sent to JRC after the IEP was written to reflect the need for aversive behavior therapy; the number of students that began to receive aversive behavior therapy after having been at JRC and after what period of time, and to explain the decision process; the exact cost of having a student attend JRC; the substituted judgment process used by JRC to obtain consent to use aversive interventions; and the transition process to JRC’s adult program for New York State students?

 

Designing the future of vocational rehabilitation  [EMSC-VESID (D) 2]

 

Several Committee members reported on their visits to VESID regional offices.  Among the issues discussed were:  hiring a diverse staff and what staff are doing to recruit; salary rates for staff; economic need guidelines; resources for skills testing and job placement; a corrective action plan for not meeting performance levels; transition plans from high school to placement services; limited job placement opportunities in certain areas of the State; and the responsibility for making decisions about clients who are on drug therapy that impacts their performance.  The Committee asked that the data indicators provided on vocational rehabilitation be disaggregated by VESID districts and that the adequacy of attention to the transition plans for vocational rehabilitation clients be looked at in the 127 high schools involved in the high school initiative.

 

Closing the achievement gap:  strategies for high schools  [EMSC-VESID (D) 3]

 

Committee members discussed:  the extent of discussions with and support from major statewide organizations on the strategies on high schools; the difficulty in motivating the lowest performing students if they don’t have access to role models or to guidance on how to study and achieve success; the need to look at the pre-high school experience of students as well as the ages of students making the transition to grade 9; the suggestion to focus on a small number of actions that will have the maximum impact on improving high school graduation rates (i.e., attendance rate, effective staff development, teachers certified in subject, etc,); the need for more information on the diagnostic process currently in place to determine if it works; the need to look at sanctions already in place in the current accountability system; the need for more information concerning the 127 high schools (relationship with family services and social services, staff development provided, effectiveness of the school leader, the status of career education, the extent of learning plans for individual students, quality of programs, etc.); and the connection with higher education institutions on preparing teachers, developing programs, and providing after-school programs.  Committee members were asked to view the document as a work in progress and to submit comments on areas to be strengthened.  Suggestions made at the meeting included strengthening accountability and providing greater detail on the proposal to require districts to redirect special education funding when the performance results are unacceptable.  Committee members also asked that the document include separate sections on students with disabilities and English language learners and that a formal mechanism be instituted to provide the Regents with the feedback received from major constituent organizations.

           

Other Items

 

            The Committee received a copy of a report on background information on the implementation of the uniform violent incident reporting system as well as an offline item relating to the draft audit by the Office of the State Comptroller.  These items had been prepared but not distributed due to time constraints on the agenda and the anticipated receipt of data from the New York City Department of Education.  However, since the Office of the State Comptroller issued a press release on the findings of the audit on May 22, 2006, copies of the documents were distributed to the Committee.  A copy of the audit by the Office of the State Comptroller and the Department’s response to it will be provided to all Board members.

 

            A future discussion concerning the audit on early grade class size in the New York City school district will be scheduled on a future Committee agenda.

 

 

REGENTS COMMITTEE ON POLICY INTEGRATION AND INNOVATION

 

Regent Saul B. Cohen, Chair of the Committee on Policy Integration and Innovation, presented on behalf of the Committee the following written report.

 

Your Committee on Quality held its scheduled meeting on May 22, 2006.  Chancellor Bennett, Vice Chancellor Sanford, and Regents Dawson, Bottar, Chapey, Bowman, Tallon, and Cofield were present.  Regents Gardner, Phillips, Brademas, and Brooks Hopkins also attended.  Commissioner Mills was present. 

 

MATTERS NOT REQUIRING BOARD ACTION

 

            Your Committee discussed several important questions related to the articulation between high school and postsecondary education as a starting point for its work on crosscutting issues that is part of the Committee’s charge.  Key ideas from this discussion include:

 

 

ˇ         The Board should perhaps sponsor regional conversations within each of the judicial districts, where the local Regent brings together high school leaders and higher education presidents to begin a focused conversation about ways to improve alignment.  Each regional conversation would follow a common agenda, although regional responses may be different.

 

ˇ         A decade ago, the Board raised the learning standards and the requirements for high school graduation.  In light of the national conversation about preparing all students for the global economy, should we reexamine them? Defining what constitutes a rigorous curriculum is something the Board should devote time to deliberating.  These deliberations should include getting input from many stakeholders (including the business community), reviewing the available research, and looking at existing partnerships that are effective. Any policy deliberations about curriculum rigor must include a discussion of effective ways to help all students meet expectations, given the different graduation rates for students now.  As a starting point, the Board may want to focus on a few strategies to get students better prepared for high school.

 

ˇ         The conversation about improving high school graduates’ readiness for college must consider the reality that not all colleges have the same expectations of entering students.

 

ˇ         Readiness at high school graduation should not be defined completely in terms of readiness for entering formal postsecondary education, but rather preparation for success in a global economy, which will also require a rigorous curriculum.

 

            Your Committee will continue this discussion at its next meeting.

 

            Your Committee talked briefly about the July Board retreat, which will be held as part of the July Regents meeting.  The theme of the retreat will be innovation and policy change.  The Department’s Deputy Commissioners will again attend.  Specific agenda topics suggested by the Committee include:

 

 

 
 REGENTS COMMITTEE ON HIGHER EDUCATION

AND PROFESSIONAL PRACTICE

 

            Your Higher Education and Professional Practice Committee held its scheduled meeting on May 22, 2006.   All Committee members were present.

 

                                                                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 20 cases, and not accepted in 2 cases as hereinafter set forth.  In addition, your Committee recommends, upon the recommendation of the Committee on the Professions, that 72 consent order applications and 12 surrender applications be granted.

 

            In the case of Richard J. MacDougall, registered professional nurse, Calendar No. 21576, we recommend that the recommendation of the Regents Review Committee as to the penalty to be imposed not be accepted and that the recommendation of the Regents Review Committee be otherwise accepted; and that we recommend that the respondent’s license to practice as a registered professional nurse in the State of New York be suspended for one year and the respondent be fined $2,500 upon the specifications of which the respondent was found guilty, said suspensions to run concurrently and said fines to be assessed concurrently. 

 

            In the case of Tina Marie DeLeo, licensed practical nurse, Calendar No. 21669, we recommend that the recommendation of the Regents Review Committee as to the penalty to be imposed not be accepted and that the recommendation of the Regents Review Committee be otherwise accepted; and that we recommend that the respondent’s license to practice as a licensed practical nurse in the State of New York be suspended for one year and the respondent be fined $2,500 upon the specifications of which the respondent was found guilty, said suspensions to run concurrently and said fines to be assessed concurrently.

 

            In the case of Wayne Kenard Hunt, registered professional nurse, Calendar No. 21530, we recommend by a vote of 7-1 that the recommendation of the Regents Review Committee be accepted, with Regent Anthony S. Bottar dissenting and voting to not accept the findings, determination and recommendation of the Regent Review Committee.  

 

            These recommendations are made following the review of 106 cases involving 24 licensed practical nurses, 20 registered professional nurses, nine pharmacists, eight licensed practical nurses who are also registered professional nurses, six certified public accountants, six dentists, four chiropractors, four pharmacies, three psychologists, two architects, two massage therapists, two podiatrists, one licensed master social worker, one audiologist, one dental hygienist, one licensed clinical social worker, one ophthalmic dispenser, one physical therapist, one professional engineer, and one respiratory therapist.

 

Restoration Petitions

 

Voted, that the Board of Regents stay the order of surrender of the physical therapy license of John Peter Goodbody for one year, that he be placed on probation for one year under specified terms and conditions, and that upon successful completion of the terms of probation, his license be fully restored.   [HE & PP EXS (A) 4]

 

Voted, that the Board of Regents deny the petition for restoration of the pharmacy license of Edgar V. Stevens.  [HE & PP EXS (A) 5]

 

Consent Agenda Items

 

Your Committee recommends that the Regents approve the following appointment and reappointment of members to the State Boards for the Professions:   [HE & PP (CA) 1]

 

State Board for Veterinary Medicine – appoint Brian P. McKenna (Holmes) for a term commencing April 1, 2006, and expiring March 31, 2011

 

State Board for Psychology – reappoint Gloria S. Rothenberg (Merrick) for a term commencing May 1, 2006 and expiring April 30, 2011

 

Your Committee also recommends that the Regents approve the following 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]

 

State Board for Social Work – reappoint Sandra Malpica Chaiken (Scarsdale) as an extended member for a term commencing May 1, 2006 and expiring April 30, 2011      

 

State Board for Veterninary Medicine – appoint Edward I. Gordon (Potsdam) and reappoint Lewis E. Watson (Pulaski) each as an extended member for a term commencing May 1, 2006 and expiring April 30, 2011

 

State Board for Dentistry – appoint Donald J. Bean (Jamaica), William S. Lancaster (Warnerville) and Gonzalo I. Pardo (Shoreham) each as an extended member for a term commencing June 1, 2006 and expiring May 31, 2011

 

State Board for Psychology – reappoint Shepard Goldberg (Buffalo) and Estela M. Rivero (Loudonville) each as an extended member for a term commencing May 1, 2006 and expiring April 30, 2011

 

Your Committee recommends that the Regents authorize the SUNY Board of Trustees to award the Doctor of Physical Therapy (D.P.T.) degree to students who complete the Physical Therapy program at the State University of New York Health Science Center at Brooklyn.   [HE & PP (CA) 2]

 

            Your Committee recommends that the Board of Regents amend the master plan of the State University of New York authorizing the State University of New York College of Agriculture and Technology at Morrisville, Norwich Campus, to offer an Associate in Applied Science (A.A.S.) degree in Early Childhood.  [HE & PP (CA) 3]

 

Your Committee recommends that the Regents approve the recommendations of the Committee on the Professions regarding Licensing Petitions.  [HE & PP (CA) 4]

             

ACTION ITEM

 

Your Committee recommends that the Board of Regents amend the master plan of Bethel Seminary of the East authorizing it to establish a campus in Flushing, New York, to award the Master of Divinity and Master of Arts degrees, and to offer a Master of Divinity and a Master of Arts program in Theological Studies.  These amendments will be effective until May 31, 2007, unless the Department registers the programs prior to that date, in which case master plan amendment shall be without term.  [HE & PP (A) 1]

           

MATTERS NOT REQUIRING BOARD ACTION

 

Your Committee discussed several topics of interest, including:  

 

Amendment to the Regulations of the Commissioner relating to the Accreditation of Teacher Education Programs   [HE & PP (D) 1] 

 

The Committee discussed proposed amendments to the regulations that would define limited conditions under which registered teacher preparation programs may receive a deferral of the date by which they must be accredited from the State Education Department.

 

An Analysis of Teacher Supply and Demand in New York State   [HE & PP (D) 2]

 

In response to a request from the Committee, the Committee was provided an overview of teacher shortages in New York State based on the Department’s public school workforce and teacher certification data through the end of school year 2004-2005 and preliminary data provided by the New York City Department of Education for school year 2005-2006.    Strategies to help address shortages in high-need subjects were also discussed.

 

The Committee endorsed the recommendation of staff to amend regulations concerning interstate reciprocity to allow teachers certified in other states (for three years) with comparable certification testing requirements to receive a comparable certificate in New York State and asked staff to bring emergency regulations to the Committee in June. 

 

The Committee also asked that this report be brought back to the Committee for additional discussion at a future meeting.

 

Proprietary Colleges in New York State  [HE & PP (D) 3)

 

As requested by the Board of Regents, staff provided the Committee with a comprehensive report on the process by which for-profit (proprietary) colleges are approved and regulated in New York State.  While the majority of proprietary colleges in New York State provide a quality education to students, proposed actions for Regents consideration were discussed to expand the Department's risk analysis approach to ensuring high standards of academic quality in the proprietary sector.   The Committee endorsed the recommendations included in the report (one member voted no – Regent Tisch), and also asked for additional information concerning proprietary colleges.  The Committee also voted to continue to hold all new requests to operate proprietary colleges in New York State until they are able to receive and discuss the additional information they requested, but no later than September 2006.

 

                                         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 May 22, 2006, copies of which have been distributed to each Regent.

 

 


 

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 May 23, 2006 in Room 146, Main Education Building. Vice Chancellor Sanford, Regents Dawson, Phillips,  Brooks Hopkins, Cohen, Brademas and Tilles were in attendance.  Regents Cortes-Vazquez and Bowman were absent.

 

 

ITEMS FOR DISCUSSION

 

Janet Welch, State Librarian and Assistant Commissioner for Libraries introduced Irving Toliver, Director, Human Services Department in the Town of Huntington and Vice-Chair of the Regents Advisory Council on Libraries.  Mr. Toliver updated the Board on Council activities and lead discussion on how the Council and the Board might work together to sustain library funding increases achieved this year.

 

Mrs. Welch introduced Anne Simon from the Division of Library Development who briefly discussed New York’s 2006 “Books:  A Treasure” summer reading program.  Ms. Simon stressed the importance of this program during the summer months to improve student achievement and preparedness for the 2006/2007 school year.

 

 

APPENDIX I

NEW YORK STATE BOARD OF REGENTS CHARTER

ACTIONS

 

 

FONTAINEBLEAU ASSOCIATIONS. An application having been made by and on behalf of the trustees of Fontainebleau Associations, for an amendment of its charter, it was

            Voted, that the provisional charter of Fontainebleau Associations, located in the city, county and, state of New York, which was granted by action of the Board of Regents under the corporate name “The Fontainebleau Fine Arts and Music Schools Association, Inc.” on April 22, 1926; which provisional charter was made absolute by Regents action on March 16, 1951; which absolute charter was consolidated by Regents action on June 12, 1997 with “The Fontainebleau Alumni Association, Inc.” a not-for-profit corporation with the new consolidated name to be “Fontainebleau Associations” be, and the same hereby is, amended to change the corporate address to 7 Park Avenue #19D, New York, New York 10016.

 

BOLTON FREE LIBRARY.  An application having been made by and on behalf of the trustees of Bolton Free Library, for an amendment of its charter, it was

            Voted, that the provisional charter of the Bolton Free Library, located in Bolton Landing, county of Warren, state of New York, which was granted by action of the Board of Regents on December 19, 1901; which provisional charter was made absolute by Regents action on June 28, 1906 be, and the same is hereby amended to define the service area as the town of Bolton, to designate the Commissioner of Education as the agent of the corporation for the purpose of service of process, and to add the following language:

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.

            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).

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.

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.

 

OLEAN PUBLIC LIBRARY.  An application having been made by and on behalf of the trustees of Olean Public Library, for an amendment of its charter, it was

            Voted, that the absolute charter of the Olean Public Library, located in Olean, county of Cattaraugus, state of New York, which was granted by action of the Board of Regents on December 13, 1906; which absolute charter was amended by Regents action on January 26, 1972 and March 11, 1997 be and hereby is amended to designate the Commissioner of Education as the agent of the corporation for the purpose of service of process; to delete from the present language of the charter the following:  "The number of trustees shall be five each of whom shall be elected for a term of five years with the terms so arranged that one will expire annually on June 30.  Candidates for the office of trustee shall be nominated by petition which shall meet the requirements of Education Law §2018(a) and shall be elected by the legal voters of the Olean City School District", and to substitute therefore the following:  "The number of trustees shall not be less than five nor more than fifteen.  Candidates for the office of trustee shall be nominated by petition and shall be elected by the legal voters of the Olean City School District in accordance with the provisions of current Education Law"; and to add the following language: 

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.

            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).

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.

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.

 

RAPP ROAD HISTORICAL ASSOCIATION

            Voted, that

            1.         A provisional charter valid for a term of five years is granted incorporating Emma  L. Dickson, Frank Commisso, Wayne Jackson, Erin M. Kenal, Jennifer A. Lemak, Ralph McCann and their associates and successors as an education corporation under the corporate name of Rapp Road Historical Association, located in Guilderland, county of Albany, and state of New York.

2.         The purposes for which such corporation is formed are:

a.         To promote history and original historical research;

b.         To disseminate and encourage greater knowledge of the early history of the State of New York, particularly the City of Albany and Rapp Road Community, an African American neighborhood located within the Pine Bush of the City of Albany;

c.         To gather, collect, own, hold, preserve, display and make available for study appropriate historical artifacts, books, manuscripts, papers, photographs and other records and materials;

d.            To encourage the suitable marking of places of historic interest;

e.             To acquire by purchase, gift, devise, or otherwise the title to or the custody and control of historic sites and structures, and preserve and maintain such sites and structures;

f.               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;

g.              To cooperate with county and state officials and historical organizations to collect and preserve materials of countywide and statewide significance.

            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:

 

                                                            Emma L. Dickson

                                                                                   

                                                            Frank Commisso

                                                                                                                       

                                                            Wayne Jackson

                                                                       

                                                            Erin M. Kenal

                                                                       

                                                            Jennifer A. Lemak

                                                                       

                                                            Ralph McCann

                                                                                                                                               

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 principal office of the corporation shall be located at P.O. Box 894, Guilderland,  New York 12084.

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 five 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 five-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 five years, and upon notice by the Regents, such provisional charter shall terminate and become void and shall be surrendered to the Regents.

 

WILLIAMSTOWN LIBRARY

Voted, that

            1.         A provisional charter valid for a term of five years is granted incorporating Sharon Kellogg, Peg Huntley, Mary Lou Johnson, Alice Trumble, Joanne Sheedy, Denise Warchol, Amy Healy and their associates and successors as an education corporation under the corporate name of Williamstown Library, located in Williamstown, county of Oswego, and state of New York.

2.      The purposes for which such corporation is to be formed are to serve as a public library that serves the town of Williamstown by providing informational, educational, and recreational information and activities.

            3.         The persons named as incorporators shall constitute the first board of trustees.  The library shall be administered by a board of five to fifteen trustees, said trustees to serve in the order in which they are name herein, for terms that shall expire as follows: Peg Huntley, Amy Healy and Denise Warchol, terms expire in three years; Mary Lou Johnson and Sharon Kellogg, terms expire in four years; Joanne Sheedy and Alice Trumble, terms expire in five years.  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 fifteen nor less than five

            4.         The names and post office addresses of the first trustees are as follows: 

 

                                                Sharon Kellogg

                                               

 

Peg Huntley

 

Mary Lou Johnson

 

Alice Trumble

 

Joanne Sheedy

 

Denise Warchol

 

Amy Healy

                                   

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 (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 principal office of the corporation shall be located at 2877 County Route 17N, Williamstown, New York 13493.

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 five 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 five-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 five years, and upon notice by the Regents, such provisional charter shall terminate and become void and shall be surrendered to the Regents.

 

NATURAL HISTORY MUSEUM OF THE ADIRONDACKS.  An application having been made by and on behalf of the trustees of the Natural History Museum of the Adirondacks, for its provisional charter to be extended, it was

  Voted, that the provisional charter of Natural History Museum of the Adirondacks, located in Tupper Lake, county of Franklin, state of New York, which was granted by action of the Board of Regents on February 3, 1999 and amended on February 8, 2000, be and the same hereby is, extended until May 23, 2011; 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 May 23, 2011 and upon notice by the Regents, such provisional charter shall terminate and become void and shall be surrendered to the Regents.

 

AFRICAN - AMERICAN HISTORICAL SOCIETY OF ROCKLAND COUNTY.  An application having been made by and on behalf of the individuals named herein, for appointment as new trustees, to revive, and extend the charter of African-American Historical Society of Rockland County, located in Pomona, county of Rockland, state of New York, which was incorporated by the Board of Regents by the issuance of a provisional charter on April 28, 1995; which corporation has ceased operations, it was

            Voted, that

1.         Rev. Angela Boatright, Laurence W. Holland, Wylene Branton Wood, Wayne Bartow, Willie Trotman, Collette Fournier and Sabrina E. Vargas shall be appointed as new trustees of African-American Historical Society of Rockland County;

2.      The purposes for which the corporation was formed were:

a.                   To discover, collect, maintain and preserve any documents, photographs, genealogies, painting, portraits, artifacts, relics, or other material which may help to establish or illustrate the history of the African-American people in the exploration, settlement, development and other activities of the state of New York and the United States;

b.                  To educate and inform individuals, groups and the general public about the African-American people and their roles in and contributions to population, wealth, education, arts, science, agriculture, manufacturing, trade and transportation in the history of New York State and the nation;

c.                   To cooperate with local officials in ensuring the preservation and accessibility of governmental and institutional records and archives of communities in and near Rockland County;

d.                  To identify and bring about the preservation of historical buildings, monuments and markers;

e.                   To hire, assist, consult with and otherwise encourage and cooperate with the professional archaeologists in the conduct of investigations of pioneer sites in the locality; and

f.                    To disseminate historical information and arouse interest in the past of African-Americans by publishing historical material, sponsoring meetings, lectures, papers and discussions and marking historic buildings, sites, trails and places of historical interest.

3.         That the provisional charter be, and the same hereby is, extended until May 23, 2011; 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 May 23, 2011 and upon notice by the Regents, such provisional charter shall terminate and become void and shall be surrendered to the Regents.

 

HIGHER PURPOSE PRODUCTIONS

            Voted, that

1.                     A certificate of incorporation is granted incorporating Frederick M. Altman, Esq., Robert Bullock, Dr. Joseph Parisi, John F. Kelly, Kathleen Lynch Wyland and their associates and successors as an education corporation under the corporate name of Higher Purpose Productions, located in the city and county of Albany, state of New York.

2.                     The purposes for which such corporation is formed are to create documentary films of genuine educational value that explain history – especially New York history - in vivid, compelling ways; to provide such films to local television stations for airing before mass audiences throughout New York State; and to provide for distribution of such films free of charge in DVD form, along with study guides, to colleges, high schools, libraries and other publicly funded learning centers as permanent teaching resources.

3.                      The number of trustees shall be five.  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.

4.                  The names and post office addresses of the first trustees are as follows:

 

                                                Frederick M. Altman, Esq.

                                                           

                                                Robert Bullock

                                                           

                                                Dr, Joseph Parisi

                                                           

                                                John F. Kelly

 

Kathleen Lynch Wyland

                                                           

 

           

            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 principal office of the corporation shall be located at 8 Airline Drive, Albany, New York 12205.

  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.

 

CATHEDRAL NURSERY SCHOOL – AN EPISCOPAL MINISTRY.  An application having been made by and on behalf of the trustees of Cathedral Nursery School – An Episcopal Ministry, 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 Cathedral Nursery School – An Episcopal Ministry, located in Garden City, county of Nassau, and state of New York, which was granted by action of the Board of Regents on March 25, 2003 be, and the same hereby is, amended to change the corporate address to The Cottages, 110 Rockaway Avenue, Garden City, New York 11530 and to add authority for the corporation to operate a Mommy and Me program and an Early Steps program for two and two and a half year old students and, as so amended, the same be, and hereby is, made absolute.

 

THE LEARNINGSPRING ELEMENTARY SCHOOL.  An application having been made by and on behalf of the trustees of The LearningSpring Elementary School, for its provisional charter to be amended to restate the corporate purposes, 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 The LearningSpring Elementary School located in city, county, and state of New York, which was granted by action of the Board of Regents on December 20, 2001, be and the same hereby is, amended to restate the corporate purposes as follows:

a.                   To establish, conduct, operate and maintain a kindergarten and grade one through six elementary school for children with disabilities, specifically children with Pervasive Developmental Disorders, including Asperger’s Disorder and related disorders and disabilities;

b.                  To develop educational strategies for children with such disabilities;

c.                   To serve as a model school and to be a resource for parents, professionals and other schools; to disseminate information about the education of children with such disabilities; and to increase awareness and acceptance of such disabilities in the professional community and among the general public;

d.                  To collaborate with research institutions and agencies to develop best practices in the education and treatment of children with such disabilities;

e.                   To provide after-school activities for children enrolled in the elementary school to support their educational programs and to encourage recreational skills and interests

and, as so amended, the same be, and hereby is, made absolute.

 

ANNUR ISLAMIC SCHOOL.  An application having been made by and on behalf of the trustees of AnNur Islamic School, for its provisional charter to be amended and, as so amended, extended, it was

  Voted, that the provisional charter of AnNur Islamic School, located in the city and county of Schenectady, state of New York, which was granted by action of the Board of Regents on June 26, 1992; which provisional charter was amended and extended by Regents action on July 23, 1993 and further extended on April 27, 1999; which provisional charter was last amended and extended by Regents action on July 21, 2004 be, and the same hereby is, amended to add authority to operate a grade eight and as so amended, extended until May 23, 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 May 23, 2009 and upon notice by the Regents, such provisional charter shall terminate and become void and shall be surrendered to the Regents.

 

HARLEM EPISCOPAL SCHOOL.  An application having been made by and on behalf of the trustees of Harlem Episcopal School, for its provisional charter to be amended and, as so amended, extended, it was

  Voted, that the provisional charter of Harlem Episcopal School, located in the city, county, and state of New York, which was granted by action of the Board of Regents on July 21, 2004; which provisional charter was amended and extended by Regents action on May 17, 2005 be, and the same hereby is, amended to change the corporate name to “Harlem Academy” and as so amended, extended until May 23, 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 May 23, 2009 and upon notice by the Regents, such provisional charter shall terminate and become void and shall be surrendered to the Regents.

 

THE IDEAL SCHOOL OF MANHATTAN.  An application having been made by and on behalf of the trustees of The IDEAL School of Manhattan, for its provisional charter to be amended and, as so amended, extended, it was

  Voted, that the provisional charter of The IDEAL School of Manhattan, located in the city, county, and state of New York, which was granted by action of the Board of Regents on July 21, 2005 be, and the same hereby is, amended to change the corporate address to 4 West 76th Street, New York, New York 10023 and as so amended, extended until May 23, 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 May 23, 2009 and upon notice by the Regents, such provisional charter shall terminate and become void and shall be surrendered to the Regents.

 

BROOKLYN AMITY SCHOOL.  An application having been made by and on behalf of the trustees of Brooklyn Amity School, for its provisional charter to be extended, it was

  Voted, that the provisional charter of the Brooklyn Amity School, located in Brooklyn, county of Kings, state of New York, which was granted by action of the Board of Regents under the corporate name “Tolerance Academy of America” on November 6, 1998; which provisional charter was amended by Regents action on July 16, 1999 to change the corporate name to “Brooklyn Amity School” and extended by Regents action on February 8, 2000 and April 29, 2003 be, and the same hereby is, extended until May 23, 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 May 23, 2009 and upon notice by the Regents, such provisional charter shall terminate and become void and shall be surrendered to the Regents.

 

CAN WE TALK PRESCHOOL/YOUTH LOUNGE.  An application having been made by and on behalf of the trustees of Can We Talk Preschool/Youth Lounge, for its provisional charter to be extended, it was

              Voted, that the provisional charter of Can We Talk Preschool/Youth Lounge, located in the city of Yonkers, county of Westchester, and state of New York, which was granted by action of the Board of Regents on February 8, 2005 be, and the same hereby is, extended until May 23, 2008; 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 May 23, 2008 and upon notice by the Regents, such provisional charter shall terminate and become void and shall be surrendered to the Regents.

 

CHEMUNG VALLEY MONTESSORI SCHOOL.  An application having been made by and on behalf of the trustees of Chemung Valley Montessori School , for its provisional charter to be extended, it was

              Voted, that the provisional charter of Chemung Valley Montessori School, located in Elmira, county of Chemung, and state of New York, which was granted by action of the Board of Regents on April 27, 1999; which provisional charter was amended and extended by Regents action on April 24, 2001 be, and the same hereby is, extended until May 23, 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 May 23, 2009 and upon notice by the Regents, such provisional charter shall terminate and become void and shall be surrendered to the Regents.

 

THE HAYGROUND SCHOOL.  An application having been made by and on behalf of the trustees of The Hayground School , for its provisional charter to be extended, it was

              Voted, that the provisional charter of The Hayground School, located in Bridgehampton, county of Suffolk, and state of New York, which was granted by action of the Board of Regents on September 20, 1996; which provisional charter was consolidated with The Hayground School Foundation, Inc. by Regents action on November 14, 1997 and extended on September 17, 1999 and February 11, 2003 be, and the same hereby is, extended until May 23, 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 May 23, 2009 and upon notice by the Regents, such provisional charter shall terminate and become void and shall be surrendered to the Regents.

 

LOVE OF LEARNING MONTESSORI SCHOOL.  An application having been made by and on behalf of the trustees of Love of Learning Montessori School, for its provisional charter to be extended, it was

              Voted, that the provisional charter of Love of Learning Montessori School, located in Centerport, county of Suffolk, and state of New York, which was granted by action of the Board of Regents on February 8, 2000; which provisional charter was amended and extended by Regents action on April 29, 2003 and amended on December 17, 2004 be, and the same hereby is, extended until May 23, 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 May 23, 2009 and upon notice by the Regents, such provisional charter shall terminate and become void and shall be surrendered to the Regents.

 

MARY QUEEN OF ANGELS CATHOLIC SCHOOL.  An application having been made by and on behalf of the trustees of Mary Queen of Angels Catholic School, for its provisional charter to be extended, it was

              Voted, that the provisional charter of Mary Queen of Angels Catholic School, located in Cheektowaga, county of Erie, and state of New York, which was granted by action of the Board of Regents on July 17, 2003 be, and the same hereby is, extended until May 23, 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 May 23, 2009 and upon notice by the Regents, such provisional charter shall terminate and become void and shall be surrendered to the Regents.

 

PRESCHOOL TIMES.  An application having been made by and on behalf of the trustees of Preschool Times , for its provisional charter to be extended, it was

              Voted, that the provisional charter of Preschool Times, located in Batavia, county of Genesee, and state of New York, which was granted by action of the Board of Regents on January 11, 2005 be, and the same hereby is, extended until May 23, 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 May 23, 2007 and upon notice by the Regents, such provisional charter shall terminate and become void and shall be surrendered to the Regents.

 

THE THEATRE STREET SCHOOL.  An application having been made by and on behalf of the trustees of The Theatre Street School, for its provisional charter to be extended, it was

              Voted, that the provisional charter of The Theatre Street School, located in Richmond Hills, county of Queens, and state of New York, which was granted by action of the Board of Regents on June 14, 1996; which provisional charter was amended and extended by Regents action on June 12, 1997 and extended on July 14, 2000 and July 17, 2003 be, and the same hereby is, extended until May 23, 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 May 23, 2009 and upon notice by the Regents, such provisional charter shall terminate and become void and shall be surrendered to the Regents.

 

THE ROSS SCHOOL AND MORRISS CENTER SCHOOL. 

The Ross School, located in East Hampton, county of Suffolk, and state of New York, was incorporated by the Board of Regents under a provisional charter on July 23, 1993; which provisional charter was amended and extended by Regents action on September 20, 1996 and was made absolute on September 15, 2000.

            Morriss Center School, located in East Hampton, county of Suffolk, and state of New York, was incorporated by the Board of Regents under a provisional charter under the corporate name “Hampton Day School” on February 27, 1970; which provisional charter was extended by Regents action on May 24, 1974 and was amended and made absolute on January 25, 1978; which absolute charter was amended by Regents action on July 17, 1998, September 17, 1999 and last amended on September 12, 2003 to change the corporate name to the “Morriss Center School.”

            The boards of trustees of The Ross School and Morriss Center School have petitioned the Board of Regents, pursuant to Education Law §223, for an order consolidating the said corporations under one name, to wit, The Ross School, in accordance with an agreement of consolidation annexed to the petition, with power to carry on and conduct the educational activities heretofore carried on and conducted by said petitioners, and it was

            Voted, that

            1.         Pursuant to the authority contained in Education Law §223, The Ross School and Morriss Center School, be, and hereby are, consolidated under the name The Ross School with an effective date of September 1, 2006.

            2.         The consolidated corporation shall operate at two separate sites, 18 Goodfriend Drive, East Hampton, New York 11937 and P.O. Box 604, 739 Butter Lane, Bridgehampton, New York 11932 with the principal office to be 18 Goodfriend Drive, East Hampton, New York 11937.

3.         The surviving corporation will continue to administer the educational operations and purposes of the constituent corporations in the same manner as they presently exist, and the purposes of the consolidated corporation are to operate a nursery school, kindergarten and grades one through twelve school.

4.         The separate existence of the constituent corporations hereby ceases, and the consolidated corporation is hereby vested with all the rights, privileges, immunities, powers and authority possessed by or granted by law to each of the constituent corporations.  All assets and liabilities of the respective predecessor corporations are hereby assets and liabilities of the consolidated corporation.  All property, real, personal and mixed and all debts to each of the corporations on whatever account are hereby attached to the consolidated corporation and may be enforced against it to the same extent as if the debts, liabilities and duties had been incurred or contracted by it.

5.         Courtney Ross, Nicole Ross, Irene Tully, Christopher Sarlo, Michele Claeys, Nicolas W. Combemale, George F. Biondo, Esq., Lori Schiaffino, Dr. Gerald Curatola, Janet Mattick Brinton, and Robert B. Allardice III shall constitute the first board of trustees, to serve until the first annual meeting of the consolidated corporation.  The board has power to adopt bylaws, including therein provisions fixing the method of election and the term of office of trustees, and has 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. The annual election of trustees shall be held on the same date set forth in the Bylaws of the consolidated corporation.

6.         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.

7.         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).

  8.         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

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 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.       The consolidation herein shall be effective as of September 1, 2006.

 12.        The consolidated corporation will operate under the absolute charter granted to The Ross School.

 

CENTER FOR SPIRITUALIST STUDIES.  An application having been made by and on behalf of the trustees of Center for Spiritualist Studies, for an amendment of its certificate of incorporation, it was

  Voted, that the certificate of incorporation of Center for Spiritualist Studies, located in Lily Dale, county of Chautauqua, and state of New York, which was granted by action of the Board of Regents on July 21, 2004 be, and the same hereby is, amended to change the corporate location from 13 Cottage Row, Lily Dale, New York to Lily Dale, New York.

 

GRADUATE COLLEGE OF UNION UNIVERSITY.  An application having been made by and on behalf of the trustees of Graduate College of Union University, for its absolute charter to be amended, it was

  Voted, that the absolute charter in the first instance of Graduate College of Union University, located in the city and county of Schenectady, state of New York, which was incorporated by action of the Board of Regents on July 17, 2003 be, and the same hereby is, amended to change the corporate name to “Union Graduate College.”

 

PAUL SMITH’S COLLEGE OF ARTS AND SCIENCES.  An application having been made by and on behalf of the trustees of Paul Smith’s College of Arts and Sciences, for its absolute charter to be amended, it was

  Voted, that the absolute charter in the first instance of Paul Smith’s College of Arts and Sciences, located in Paul Smiths (Brighton) and county of Franklin, state of New York, which was incorporated by action of the Board of Regents on October 15, 1937; which absolute charter was amended by Regents action on May 19, 1950, amended and restated on February 24, 1977, and further amended on March 26, 1993 and December 19, 1997 be, and the same hereby is, amended to add authority for the corporation to confer the Bachelor of Arts (B.A.) degree.


 

BETHEL SEMINARY OF THE EAST IN NEW YORK

            Voted, that

1.           A provisional charter valid for a term of five years is granted incorporating David Bjork, Larry Carlson, Bobbi Hersch, John Griffith, Jerry Twogood and their associates and successors as an education corporation under the corporate name of Bethel Seminary of the East in New York, located in Flushing, county of Queens, and state of New York.

2.                  The purposes for which such corporation is formed are:

a.                   To maintain a seminary for the training of those called into the gospel ministry and into missionary service, which will offer programs leading to the degrees of Master of Divinity (M.Div.) and Master of Arts (M.A.);

b.                  To establish and maintain nontraditional forms of education through extension programs and through the use of correspondence and electronic media, including the development and offering of advanced degrees relative to the primary purposes of the institution;

c.                   To provide avenues and programs that will give its students in the seminary opportunities to minister to others through cooperative Christian service independently and in conjunction with the church;

d.                  To develop and provide all supporting services essential to the performance of the educational objectives of the institution;

 

            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:

 

                                                            David Bjork

                                                           

                                                            Larry Carlson

                                                                                                                                                           

                                                            Bobbi Hersch

                                                           

                                                                        John Griffith

                                               

                                                            Jerry Twogood

                                                                       

5.         The corporation hereby created shall be a nonstock corporation with members 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.  The sole member of the corporation shall be Bethel College & Seminary, a Minnesota nonprofit 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 to be maintained by the proposed corporation is to be located at Bethel Seminary of the East in New York, First Baptist Church of Flushing, 142-10 Sanford Avenue, Flushing, New York 11355-2577.

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 five 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 five-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 five years, and upon notice by the Regents, such provisional charter shall terminate and become void and shall be surrendered to the Regents.

 

PSYCHOANALYTIC PSYCHOTHERAPY STUDY CENTER.  An application having been made by and on behalf of the trustees of Psychoanalytic Psychotherapy Study Center, for its provisional charter to be extended, it was

                        Voted, that the provisional charter of Psychoanalytic Psychotherapy Study Center, located in the city, county, and state of New York, which was granted by action of the Board of Regents on June 20, 1986; which provisional charter was amended and extended by Regents action on November 15, 1990 and on March 13, 1996 be, and the same hereby is, extended until May 23, 2011; 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 May 23, 2011 and upon notice by the Regents, such provisional charter shall terminate and become void and shall be surrendered to the Regents.

 

SUFFOLK INSTITUTE FOR PSYCHOTHERAPY AND PSYCHOANALYSIS.  An application having been made by and on behalf of the trustees of Suffolk Institute for Psychotherapy and Psychoanalysis, for its provisional charter to be extended, it was

                        Voted, that the provisional charter of Suffolk Institute for Psychotherapy and Psychoanalysis, located in Smithtown, county of Suffolk, and state of New York, which was granted by action of the Board of Regents on October 13, 1989; which provisional charter was extended by Regents action on April 15, 1994 and March 10, 1998 be, and the same hereby is, extended until May 23, 2011; 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 May 23, 2011 and upon notice by the Regents, such provisional charter shall terminate and become void and shall be surrendered to the Regents.

 

EDUCATION WORKERS GROUP

            Voted, that

1.         A certificate of incorporation is granted incorporating Brian Stefanelli, Theresa Stefanelli, Candice Saccone, Richard F. Stefanelli, Richard F. Stefanelli, Jr. and their associates and successors as an education corporation under the corporate name of Education Workers Group, located in Staten Island, county of Richmond, and state of New York.

2.         The purposes for which such corporation is formed are to provide New York State mandated workshops and courses for Child Abuse Recognition and School Violence Prevention, and other related educational purposes.   Nothing herein shall authorize the corporation to operate or maintain a college or university or to grant degrees or credit leading to a degree.  Nothing herein shall authorize the corporation to engage in the practice of any profession required to be licensed by Title VIII of the Education Law.   Nothing herein shall authorize the corporation to provide professional training any profession required to be licensed by Title VIII of the Education Law.

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:

 

                                                Brian Stefanelli

                                                           

                                                Theresa Stefanelli         

 

                                                Candice Saccone

                                                           

                                                Richard F. Stefanelli, Jr.

                                                           

Richard F. Stefanelli

                                                           

            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 principal office of the corporation shall be located at 327 Bryson 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.

 

ST. DOMINIC SAVIO MIDDLE SCHOOL.  An application having been made by and on behalf of the trustees of St. Dominic Savio Middle School, for its provisional charter to be amended and, as so amended, extended, it was

            Voted, that the provisional charter of St. Dominic Savio Middle School, located in Niagara Falls, county of Erie, state of New York, which was granted by action of the Board of Regents on July 18, 2002 be, and the same hereby is, amended to reflect that the corporation is a corporation with members and to specify the powers reserved to the members, by revising paragraph 5. of the provisional charter to read as follows:

            5.         The corporation hereby created shall be a nonstock corporation with Members, 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.

In addition to all other rights and powers prescribed to Members under New York law and/or the by-laws of this corporation, and subject to the approval of the Board of Regents where required by law, the following management powers are hereby reserved by this corporation to the Members of the corporation who are Ex-Officio, the Bishop of the Diocese of Buffalo or, in the case of his absence or inability to act, the Administrator of the Diocese of Buffalo, the Vicar General/Moderator of the Curia of the Diocese of Buffalo, the Chancellor of the Diocese of Buffalo, the Secretary of Catholic Education for the Diocese of Buffalo, the Episcopal Vicar for Western Niagara, and the Chairperson of the Board of Pastors of the Niagara Falls Catholic Schools Network:

A.  To approve and interpret the corporation’s statement of philosophy and mission, established by the corporation, and to require that the corporation operate in conformance with its philosophy, mission and purposes;

B.   To approve, by a vote of two-thirds (2/3) of all the Members, and with the consent of the Bishop of Buffalo, any amendment and/or repeal of the Charter of this corporation;

C.  To approve, by a vote of two-thirds (2/3) of all the Members, any amendment and/or repeal of the By-Laws of this corporation, except that the provisions of Articles VI, VII, VIII, IX, XII (sections 2 and 3), XXV, XXVIII, and XXX may not be amended and/or repealed without the consent of the Bishop of Buffalo;

D.  To approve any plan of merger, consolidation, or reorganization of the corporation;

E.   To approve, by a vote of two-thirds (2/3) of all the Members, and with the consent of the Bishop of Buffalo, any plan of dissolution of the corporation and the distribution of the assets of the corporation upon dissolution;

F.   To approve the establishment, merger, consolidation, reorganization, or dissolution of any organizational relationship of the corporation, including subsidiary corporations, partnerships, joint ventures, and like relationships;

G.  (i) To elect/appoint the elected/appointed Trustees of the corporation and to fill any vacancies on the Board of Trustees:

      (ii) To remove, with or without cause, the elected/appointed Trustees of the corporation.

H.  To approve any indebtedness of the corporation in excess of an amount to be fixed from time to time by the Members;

I.    To approve any mortgage and/or pledge of the corporation’s real or personal property as security for any indebtedness;

J.    To approve the capital and operating budgets of the corporation to ensure that such budgets conform to the philosophy, mission, and purposes of the corporation;

K.    To approve any capital expenditures over a certain amount, as determined            from time to time by the Members, except those expenditures which are incidental to the corporation’s day-to-day operations;

L.      To approve the sale, acquisition, lease, transfer, mortgage, pledge, assignment, gift, any substantial change in use, or other alienation of real or personal property of the corporation, except that the Members, from time to time, may fix an amount up to which the Board of Trustees may approve the sale, acquisition, lease, transfer, mortgage, pledge, assignment, gift, substantial change in use, or other alienation of the personal  property of the corporation without Member approval;

M.    To approve settlements of litigation when such settlements exceed applicable    insurance coverage or the amount of any applicable self-insurance fund;

N.    To elect members of the Board of Trustees;

O.    To increase and/or decrease the number if Trustees, so long as a minimum of five (5) remain; and, in the case of an increase, to elect/appoint additional Trustees;

P.      To approve the strategic plan of the corporation.

 and that the provisional charter, as so amended, be and hereby is extended until May 23, 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 May 23, 2009 and upon notice by the Regents, such provisional charter shall terminate and become void and shall be surrendered to the Regents.

 

TRINITY CATHOLIC ACADEMY.  An application having been made by and on behalf of the trustees of Trinity Catholic Academy, for its provisional charter to be amended and, as so amended, extended, it was

            Voted, that the provisional charter of Trinity Catholic Academy, located in Niagara Falls, county of Erie, state of New York, which was granted by action of the Board of Regents on September 10, 2004 be, and the same hereby is, amended:

            (i)   to change the corporate name to “South Buffalo Catholic School”;

            (ii)  to add authority for the corporation to operate at two educational sites, each offering pre-kindergarten through eighth grade, as follows:  Trinity Catholic Academy, 16 Hayden Street, Buffalo, New York 14210 and Notre Dame Academy, 1125 Abbott Road, Buffalo, New York 14220;

            (iii) to provide for the following individuals to serve as Members and Trustees of the corporation:

                                                Most Reverend Edward U. Kmiec

 

Reverend Monsignor David S. Slubecky

 

Reverend Paul A. Litwin

 

Denise McKenzie

 

Reverend John J. Mitka

 

Reverend Adolph M. Kowalczyk

 

Reverend William R. Bigelow

 

Reverend Arthur J. Smith

 

Reverend James G. Judge

 

Reverend James R. Bastian

 

            (iv)  to specify the powers reserved to the Members, by amending paragraph 6. of the provisional charter to read as follows:

6.  In addition to all other rights and powers prescribed to Members under New York law and/or the by-laws of this corporation, and subject to the approval of the Board of Regents where required by law, to reserve to the Members of the corporation the following governance authority:

A.        To approve and interpret the corporation’s statement of philosophy and mission, established by the corporation, and to require that the corporation operate in conformance with its philosophy, mission and purposes;

B.         To approve, by a vote of two-thirds (2/3) of all the Members, and with the consent of the Bishop of Buffalo, any amendment and/or repeal of the Charter of this corporation;

C.        To approve, by a vote of two-thirds (2/3) of all the Members, any amendment and/or repeal of the By-Laws of this corporation, except that the provisions of Articles VI, VII, VIII, IX, XII (sections 2 and 3), XXV, XXVIII, and XXX may not be amended and/or repealed without the consent of the Bishop of Buffalo;

D.        To approve any plan of merger, consolidation, or reorganization of the corporation;

E.         To approve by a vote of two-thirds (2/3) of all the Members, and with the consent of the Bishop of Buffalo, any plan of dissolution of the corporation and the distribution of the assets of the corporation upon dissolution;

F.         To approve the establishment, merger, consolidation, reorganization, or dissolution of any organizational relationship of the corporation, including subsidiary corporations, partnerships, joint ventures, and like relationships;

G.        (i)  To elect/appoint the elected/appointed Trustees of the corporation and to fill any vacancies on the Board of Trustees:

            (ii)  To remove, with or without cause, the elected/appointed Trustees of the corporation.

H.        To approve any indebtedness of the corporation in excess of an amount to be fixed from time to time by the Members;

I.          To approve any mortgage and/or pledge of the corporation’s real or personal property as security for any indebtedness;

J.          To approve the capital and operating budgets of the corporation to ensure that such budgets conform to the philosophy, mission, and purposes of the corporation;

K.       To approve any capital expenditures over a certain amount, as determined from time to time by the members, except those expenditures which are incidental to the corporation’s day-to-day operations;

L.    To approve the sale, acquisition, lease, transfer, mortgage, pledge, assignment, gift, any substantial change in use, or other alienation of real or personal property of the corporation, except that the Members, from time to time, may fix an amount up to which the Board of Trustees may approve the sale, acquisition, lease, transfer, mortgage, pledge, assignment, gift, substantial change in use, or other alienation of the personal property of the corporation without Member approval;

M.    To approve settlements of litigation when such settlements exceed applicable insurance coverage or the amount of any applicable self-insurance fund;

N.       To increase and/or decrease the numbers of Trustees, so long as a minimum of five (5) remain; and, in the case of an increase, to elect/appoint additional Trustees;

O.        To approve the strategic plan of the corporation.

                        (v)  To amend paragraph 9. of the provisional charter, regarding dissolution, to read as follows:

                        9.  Upon a dissolution of the corporation, which has been approved by a vote of two-thirds (2/3) of all the Members and with the consent of the Bishop of Buffalo (Chairperson of the members/Chairperson of the Board of Trustees), 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 by distributing such assets to “The Diocese of Buffalo N.Y.”, which has contributed to the success of this corporation, or to any entity designated by the Bishop of Buffalo, to be applied to support Catholic education for the community served by this corporation. If, in the discretion of the Diocese of Buffalo, there is no unmet need for Catholic education in the community served by this corporation, then the remaining assets may be applied to support Catholic education within the Diocese of Buffalo.

                        If “The Diocese of Buffalo, N.Y.” and/or the aforesaid entity designated by the Bishop are unable or unwilling to accept said assets, then the Board of Trustees, subject to the approval of the members and the Bishop as aforesaid, shall dispose of said assets, exclusively for one or more exempt purposes, within the meaning of §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 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.

and that the provisional charter as so amended, be and hereby is extended until May 23, 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 May 23, 2009 and upon notice by the Regents, such provisional charter shall terminate and become void and shall be surrendered to the Regents.

 

APPENDIX II

REGENTS ACTIONS IN 106 PROFESSIONAL DISCIPLINE CASES

AND 2 RESTORATION PETITIONS

 

May 22-23, 2006

 

            The Board of Regents announced disciplinary actions resulting in the revocation of 9 licenses, surrender of 12 licenses, and 85 other disciplinary actions.  The penalty indicated for each case relates solely to the misconduct set forth in that particular case.  In addition, the Board acted upon 2 restoration petitions.

 

I.  REVOCATIONS AND SURRENDERS

 

Chiropractic

 

            Alexander A. Regalbuto; 87 Waters Edge, Congers, NY 10920; Lic. No. 006673; Cal. No. 22685; Application to surrender license granted.  Summary: Licensee admitted to the charge of having been convicted of Conspiracy to Commit Insurance Fraud, Health Care Fraud, Making False Statements Relating to Health Care Matters and Conspiracy to Commit Mail Fraud. 

 

Dentistry

 

            Sandy R. Peresmik; Dental Hygienist; 4370 Smiley Road, North Las Vegas, NV 89115; Lic. No. 019092; Cal. No. 22606; Application to surrender license granted.  Summary: Licensee admitted to the charge of having been convicted of Murder in the 2nd Degree, a class A-1 felony. 

 

Massage Therapy

 

            Thomas Lo Cascio; 176 Verbena Avenue, Floral Park, NY 11001-5046; Lic. No. 006112; Cal. No. 22647; Application to surrender license granted.  Summary: Licensee admitted to the charge of performing oral sex on a female massage therapy client at his place of employment.

 

Nursing

 

            Christopher Allen Reese; Registered Professional Nurse; 3511 Harding Road, Clinton, NY 13323; 956 Euclid Road, Venice, FL 34293; Lic. No. 475519; Cal. No. 21254; Found guilty of professional misconduct; Penalty: Revocation.

 

            Wayne Kenard Hunt; Registered Professional Nurse; 57 St. Paul’s Place, Brooklyn, NY 11226; Lic. No. 486954; Cal. No. 21530; Found guilty of professional misconduct; Penalty: Revocation.

 

            Dennis  James  De  Lotto;  Licensed  Practical Nurse, Registered Professional Nurse; 4978 William Street, Lancaster,  NY  14086;  Lic.  Nos. 121516, 318289; Cal. Nos. 22629, 22628; Application to surrender licenses granted.  Summary: Licensee admitted to the charge of removing medication from a Pyxis machine without a physician’s order.

 

            William  Henry  Smith;  Licensed  Practical  Nurse; 7501  State  Highway 58, Fort Plain, NY 13339; Lic. No. 268387; Cal. No. 22631; Application to surrender license granted.  Summary: Licensee admitted to the charge of having been convicted of Willful Violation of Health Laws, an unclassified misdemeanor, and Endangering the Welfare of an Incompetent or Physically Disabled Person, a class A misdemeanor.

 

            Rolonda Lee Marrow a/k/a Rolonda Ashley Lee; Registered Professional Nurse; 1085 Anderson Avenue, Bronx, NY 10452; Lic. No. 559214; Cal. No. 22684; Application to surrender license granted.  Summary: Licensee admitted to falsely and fraudulently indicating on an Application for Licensure and First Registration as a Registered Professional Nurse in the State of New York that she had attended a school of nursing at a specified college and received a Bachelor of Science in Nursing (BSN) Degree from said college.

 

Ophthalmic Dispensing

 

            Rosemary V. Strock a/k/a Rosemary A. Vinci a/k/a Rosemary A. Czechowicz; 5 Willow  Ridge Lane, Lancaster, NY  14086; Lic. No. 003885; Cal.  No. 22540; Application to surrender license granted.  Summary: Licensee admitted to the charge of having been convicted of Attempted Arson.

 

Pharmacy

 

            Mohammad Haider Ismail a/k/a Mohamed Ismail; 27 Messenger Lane, Ringoes, NJ 08551; Lic. No. 039876; Cal. No. 21713; Found guilty of professional misconduct; Penalty: Revocation.

 

            William L. Grubessi; 28 Webster Street, Westbury, NY 11590; Lic. No. 033327; Cal. No. 21886; Found guilty of professional misconduct; Penalty: Revocation.

 

            Lewis Opper Marks; 13606 Pacific Echo Drive, Charlotte, NC 28277; Lic. No. 042569; Cal. No. 22393; Application to surrender license granted. Summary:  Licensee did not contest the charge of filing a re-registration application which contained false information regarding the completion of continuing education credits.

 

            Richard W. Barker; 455 Hill Road, Brookline, VT 05345; Lic. No. 026562; Cal. No. 22639; Application to surrender license granted.  Summary: Licensee admitted to the charge of having been convicted of Sexual Abuse.

 


 

Podiatry

 

            William L. Grubessi; 28 Webster Street, Westbury, NY 11590; Lic. No. 004098; Cal. No. 21885; Found guilty of professional misconduct; Penalty: Revocation.

 

            Mitchell Pearce; 1244 East 70th Street, Brooklyn, NY 11234; Lic. No. 004178; Cal. No. 22031; Found guilty of professional misconduct; Penalty: Revocation, $10,000 fine.

Psychology

 

            Jerome August Cerny; Route 32, Box 700, Terre Haute, IN 47803; Lic. No. 008364; Cal. No. 22502; Application to surrender license grantedSummary: Licensee did not contest the charge of being found guilty by the Indiana State Psychology Board of professional misconduct. 

 

Public Accountancy

 

            Douglas A. Vernoia; Certified Public Accountant; 31 Scotch Pine Drive, Medford, NY 11763-4219; Lic. No. 045108; Cal. No. 21934; Found guilty of professional misconduct; Penalty: Revocation.

 

            Rapheal Manela; Certified Public Accountant; 135-12 78th Drive, Flushing, NY 11367; Lic. No. 037824; Cal. No. 22537; Application to surrender license granted.  Summary: Licensee admitted to the charge of having been convicted of Offering a False Instrument for Filing in the 1st Degree, a class E felony.

 

Respiratory Therapy

 

            Michael W. Shannon; Respiratory Therapist; 515 Hudson River Road, Waterford, NY 12188; Lic. No. 000307; Cal. No. 22200; Found guilty of professional misconduct; Penalty: Revocation, $10,000 fine.

 

Speech-Language Pathology and Audiology

 

            Shmuel Cymerman; Audiologist; 2193 Commonwealth Avenue, Brighton, MA 02446; 12 Stedman Street, Brookline, MA 02446; Lic. No. 000825; Cal. No. 20203; Found guilty of professional misconduct; Penalty: Revocation, $25,000 fine.

 

 

II. OTHER REGENTS DISCIPLINARY ACTIONS

 

Architecture

 

            Ronald Victorio; 694 Forest Avenue, Staten Island, NY 10310; Lic. No. 017206; Cal. No. 22488; Application for consent order granted; Penalty agreed upon: 2 years stayed suspension, 2 years probation, $2,500 fine.

 

            Peter Lawrence Schulte; 335 West 21st Street, New York, NY 10011; Lic. No. 019717; Cal. No. 22622; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $2,500 fine.

 

Chiropractic

 

            Robert S. Gladstone; 2474 New York Avenue, Melville, NY 11747; Lic. No. 003974; Cal. No. 21778; Found guilty of professional misconduct; Penalty: 24 months suspension, execution of last 18 months of suspension stayed, probation for last 18 months.

 

            Raymond Pellegrino; 618 Interlakeen Lane, North Babylon, NY 11703; Lic. No. 008404; Cal. No. 22335; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $3,000 fine.

 

            Joseph James Brusca; 81 Forest Green, Staten Island, NY 10312; Lic. No. 004423; Cal. No. 22621; Application for consent order granted; Penalty agreed upon: Indefinite actual suspension until fit to practice – upon return to practice 2 years probation, $1,500 fine.

 

Dentistry

 

            Ellen Zbar; 355 South End Avenue, Plaza 200, New York, NY 10280; Lic. No. 046141; Cal. No. 22258; Application for consent order granted; Penalty agreed upon: Censure and Reprimand, 1 year probation, $1,000 fine.

 

            Joseph Gorfien; 5001 NW 95th Drive, Coral Springs, FL 33076-2631; Lic. No. 036136; Cal. No. 22411; Application for consent order granted; Penalty agreed upon: 3 month actual suspension, 21 month stayed suspension, 2 years probation.

 

            Zahreh Tafreshi Rasoulinejad; 317 West Avenue, Stamford, CT 06911; Lic. No. 041061; Cal. No. 22471; Application for consent order granted; Penalty agreed upon: 3 month actual suspension, 21 month stayed suspension, 2 years probation, $5,000 fine.

 

            David Douglas Gardner; Dansville Dental Professionals, 25 Red Jacket Street, Dansville, NY 14437; Lic. No. 041343; Cal. No. 22536; Application for consent order granted; Penalty agreed upon: Partial actual suspension in certain area until terminated as set forth in consent order application, 2 years probation, $1,000 fine.

 

            Ira J. Cohen; 180-11 Union Turnpike, Jamaica Estates North, NY 11366-1619; Lic. No. 036941; Cal. No. 22549; Application for consent order granted; Penalty agreed upon: Censure and Reprimand, $500 fine.

 

            Abdel Baghal; 6 Hilltop Terrace, Wayne, NJ 07470; Lic. No. 044147; Cal. No. 22617; Application for consent order granted; Penalty agreed upon: Censure and Reprimand, $2,500 fine.

 

Engineering and Land Surveying

 

            Richard H. Green; Professional Engineer; 122 Edgecomb Street, Albany, NY 12209-1310; Lic. No. 053776; Cal. No. 22546; Application for consent order granted; Penalty agreed upon: Censure and Reprimand, 1 year probation, $2,500 fine.

 

Massage Therapy

 

            Michelle A. Verhalen; 3893 County House Road, Branchport, NY 14418; Lic. No. 016671; Cal. No. 22523; Application for consent order granted; Penalty agreed upon: Indefinite actual suspension until fit to practice – upon return to practice 2 years probation, $500 fine.

 

Nursing

 

            Jean Gulliver; Licensed Practical Nurse; 2305 N.E. 42nd Circle, Homestead, FL 33033; Lic. No. 201967; Cal. No. 19226; Found guilty of professional misconduct; Penalty: 24 months suspension, execution of last 12 months of suspension stayed, $2,500 fine.

 

            Edythe M. Levell; Licensed Practical Nurse; 128 Magnolia Drive, Mastic Beach, NY 11951; Lic. No. 262523; Cal. No. 21498; Found guilty of professional misconduct; Penalty: 1 year suspension, execution of suspension stayed, probation 1 year.

 

            Tina Marie DeLeo; Licensed Practical Nurse; 9953 Darrow Park Drive, Twinsburg, OH 44087; 9888 Clarius Circle, Twinsburg, OH 44087; Lic. No. 248018; Cal. No. 21669; Found guilty of professional misconduct; Penalty: 1 year suspension, $2,500 fine.

 

            Richard J. MacDougall; Registered Professional Nurse; 268 Metro Center Boulevard, Warwick, RI 02886; Lic. No. 472076; Cal. No. 21576; Found guilty of professional misconduct; Penalty: 1 year suspension, $2,500 fine. 

 

            Theresa M. Morris; Licensed Practical Nurse; 106 Cameron Street, Rochester, NY 14606; Lic. No. 260768; Cal. No. 21781; Found guilty of professional misconduct; Penalty: 1 year suspension, upon return to practice  probation 1 year.

 

            Joan Hardt; Registered Professional Nurse; 172 Burns Street, Forest Hills, NY 11375; Lic. No. 259071; Cal. No. 21867; Found guilty of professional misconduct; Penalty: 1 year suspension, execution of suspension stayed, probation 1 year.

 

            Alison Rosanna Singh; Licensed Practical Nurse; 5 Sadore Lane, Yonkers, NY 10710; Lic. No. 256658; Cal. No. 22035; Application for consent order granted; Penalty agreed upon: 4 month actual suspension, 20 month stayed suspension, 2 years probation.

 

            Amy L. Di Joseph a/k/a Watson; Licensed Practical Nurse; 556 Potomac Avenue, Buffalo, NY  14222-1129; Lic. No. 269847; Cal. No. 22070; Application for consent order granted; Penalty agreed upon: Indefinite actual suspension until fit to practice – upon return to practice 2 years probation.

 

            Susanne Marie Camacho Japson; Licensed Practical Nurse, Registered Professional Nurse; 36 Sands Lane, Brookhaven, NY 11719-9710; Lic. Nos. 202173, 420745; Cal. Nos. 22083, 22084; Found guilty of professional misconduct; Penalty: 3 years suspension, execution of last 18 months of suspension stayed.

 

            Gladys Bass; Licensed Practical Nurse; 3680 Varian Avenue, Bronx, NY 10466; Lic. No. 220525; Cal. No. 22123; Found guilty of professional misconduct; Penalty: 24 months suspension, execution of suspension stayed.

 

            David Horatio Daniels; Licensed Practical Nurse; 915 Washington Avenue, Brooklyn, NY 11225; Lic. No. 154615; Cal. No. 22224; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $250 fine.

 

            Paula R. Pillo a/k/a Recchio a/k/a Paula R. Kalmbacher; Licensed Practical Nurse; 6666 Byron-Holley Road, Bryon, NY 14422-9501; Lic. No. 248161; Cal. No. 22228; Application for consent order granted; Penalty agreed upon: 3 month actual suspension, 21 month stayed suspension, 2 years probation, $500 fine.

 

            Joanne M. Calverley; Registered Professional Nurse; 228 Ansley Court, West Seneca, NY 14224; Lic. No. 540918; Cal. No. 22265; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $1,000 fine.

 

            Pamala A. Rice; Registered Professional Nurse; 230 Paradise Lake Road, Catskill, NY 12414-6505; Lic. No. 537385; Cal. No. 22286; Application for consent order granted; Penalty agreed upon: 6 month actual suspension, 18 month stayed suspension – upon return to practice 2 years probation.

 

            Amber Laree Niespodzinski; Licensed Practical Nurse; 31 Southview Drive, Arcade, NY 14009-9518; Lic. No. 264591; Cal. No. 22290; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, if and when return to practice 1 year probation, $250 fine.

 

            Karen J. Crawley; Licensed Practical Nurse, Registered Professional Nurse; 6591 C Omphalius Road, Colden, NY 14033; Lic. Nos. 210400, 429436; Cal. Nos. 22325, 22326; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $500 fine.

 

            Ann Boccanfuso a/k/a Ann Ciafone; Licensed Practical Nurse, Registered Professional Nurse; #2 Sherwood Terrace, Yonkers, NY 10704; Lic. Nos. 124793, 337960; Cal. Nos. 22344, 22345; Application for consent order granted; Penalty agreed upon: 1 month actual suspension, thereafter partial actual suspension in certain area for not less than 2 months and until terminated as set forth in consent order application, 2 years probation.

 

            Deanna Buckland; Licensed Practical Nurse; 41 Southampton Drive, Rochester, NY 14616; Lic. No. 241226; Cal. No. 22355; Application for consent order granted; Penalty agreed upon: Indefinite actual suspension until fit to practice – upon return to practice 2 years probation.

 

            Karen E. Dulko; Registered Professional Nurse; 11 Meadowview Drive, Brookfield, CT 06804-1810; Lic. No. 528945; Cal. No. 22360; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $500 fine.

 

            Patricia Sheehan; Licensed Practical Nurse, Registered Professional Nurse; 22 Hillside Lane No., Syosset, NY 11791; Lic. Nos. 209247, 426080; Cal. Nos. 22365, 22366; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $1,000 fine.

 

            Danielle M. Devito; Licensed Practical Nurse; 164 South Main Street, Mechanicville, NY 12118; Lic. No. 265248; Cal. No. 22433; Application for consent order granted; Penalty agreed upon: Indefinite actual suspension until fit to practice – upon return to practice 2 years probation.

 

            Roberto Laguio; Licensed Practical Nurse, Registered Professional Nurse; 120 Chestnut Street, Liberty, NY 12754-1733; Lic. Nos. 181920, 404405; Cal. Nos. 22467, 22468; Application for consent order granted; Penalty agreed upon: Indefinite actual suspension until fit to practice – upon return to practice 2 years probation, $500 fine.

 

            David Crossley; Registered Professional Nurse; 42 Puritan Path, Port Jefferson, NY 11777; Lic. No. 505959; Cal. No. 22485; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $500 fine.

 

            Sara Shannon; Licensed Practical Nurse; Route 1, Box 5738, Chandler, OK 74834; Lic. No. 267389; Cal. No. 22489; Application for consent order granted; Penalty agreed upon: 2 month actual suspension, 10 month stayed suspension, upon return to practice 1 year probation, $250 fine.

 

            Raahkeba A. Goree; Registered Professional Nurse; 71 Haven Street, Buffalo, NY 14211; Lic. No. 500848; Cal. No. 22492; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $500 fine.

 

            Marilyn Margaret Kurz; Registered Professional Nurse; 73 Healy Road, Cold Spring, NY 10516; Lic. No. 168353; Cal. No. 22497; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $1,000 fine.

 

            Anna R. Collins; Licensed Practical Nurse; 85 Ten Broeck Street, Albany, NY 12202; Lic. No. 081095; Cal. No. 22499; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $250 fine.

 

            Deborah J. Whiting; Licensed Practical Nurse; 5526 County Road 36, Honeoye, NY 14471; Lic. No. 244270; Cal. No. 22510; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $500 fine.

 

            Kathi Kunselman; Licensed Practical Nurse; 94 Norris Street, Buffalo, NY 14207; Lic. No. 170776; Cal. No. 22522; Application for consent order granted; Penalty agreed upon: 6 month actual suspension, 18 month stayed suspension, upon return to practice 2 years probation, $250 fine.

 

            Charlene Francis Elminowski; Registered Professional Nurse; 3704 Walden Avenue, Lancaster, NY 14086; Lic. No. 531175; Cal. No. 22535; Application for consent order granted; Penalty agreed upon: Indefinite actual suspension until fit to practice – upon return to practice 1 year probation, $500 fine.

 

            Roslyn C. Terranova; Licensed Practical Nurse; 16 Short Street, Buffalo, NY 14207; Lic. No. 077112; Cal. No. 22553; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $250 fine.

 

            Tami Lisa Loscalzo; Registered Professional Nurse; 15 William Street, Glen Cove, NY 11542; Lic. No. 478130; Cal. No. 22555; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $500 fine.

 

            Erin Patricia Britt; Licensed Practical Nurse; 48 Cherokee Drive, West Seneca, NY 14224; Lic. No. 271136; Cal. No. 22558; Application for consent order granted; Penalty agreed upon: 2 year stayed probation, 2 years probation, $250 fine.

 

            Maureen Cannella; Registered Professional Nurse; 85 Nathan Boulevard, Parlin, NJ 08859; Lic. No. 529703; Cal. No. 22560; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension – upon return to practice 1 year probation.

 

            Gail M. La Mont a/k/a Gail M. Wolven; Licensed Practical Nurse, Registered Professional Nurse; P.O. Box 87, 712 Fish and Game Road, Mellenville, NY 12544-0087; Lic. Nos. 113953, 464839; Cal. Nos. 22566, 22567; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $500 fine.

 

            John Sanchez; Licensed Practical Nurse; 2206 Holland Avenue, Bronx, NY 10467; Lic. No. 263723; Cal. No. 22568; Application for consent order granted; Penalty agreed upon: Censure and Reprimand, 1 year probation, $250 fine.

 

            Jill E. Madden; Licensed Practical Nurse; 8680 French Hill Road, Naples, NY 14512; Lic. No. 181951; Cal. No. 22573; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $250 fine.

 

            Antje K. Fray; Registered Professional Nurse; 58 Old North Road, Washington, CT 06793; Lic. No. 308203; Cal. No. 22600; Application for consent order granted; Penalty agreed upon: 1 month actual suspension, 23 month stayed suspension, 2 years probation.

 

            Heather Lynn Gallaway; Registered Professional Nurse; 2 Johnson Drive, Stony Point, NY 10980; Lic. No. 514640; Cal. No. 22601; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $500 fine.

 

            Wilhelmina G. Quindo; Licensed Practical Nurse, Registered Professional Nurse; 5619 Mosholu Avenue, Bronx, NY 10471; Lic. Nos. 186513, 386417; Cal. Nos. 22604, 22605; Application for consent order granted; Penalty agreed upon: 1 month actual suspension, 23 month stayed suspension, 2 years probation, $1,000 fine.

 

            Ian Nicholas Smith; Registered Professional Nurse; 517 Edgecreek Trail, Rochester, NY 14609; Lic. No. 534079; Cal. No. 22608; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $500 fine.

 

            Carmen C. Rengifo; Registered Professional Nurse; 726 Bement Avenue, Staten Island, NY 10310; Lic. No. 540338; Cal. No. 22616; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $1,000 fine.

 

            Gregory Hays Harris; Registered Professional Nurse; P.O. Box 2138, Hope, AR 71802; Lic. No. 374475; Cal. No. 22619; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $500 fine.

 

            Barbara Lynn Stewart; Licensed Practical Nurse; 8 Geer Road, Hudson Falls, NY 12839-3401; Lic. No. 096713; Cal. No. 22640; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation.

 

            Adrianne Ruth Proper; Licensed Practical Nurse; 1 Brookside MHP, South Cairo, NY 12482; Lic. No. 183944; Cal. No. 22643; Application for consent order granted; Penalty agreed upon: Partial actual suspension in certain area until terminated as set forth in consent order application, upon return to practice 2 years probation.

 

Pharmacy

 

            Chad Evan Wolf; 73-30 189th Street, Flushing, NY 11366; Lic. No. 047518; Cal. No. 21966; Found guilty of professional misconduct; Penalty: 3 year suspension, execution of last 2 years of suspension stayed, probation for last 2 years, $5,000 fine, 100 hours of public service.

 

             Inese B. Cederbaums; 75 Pascack Road, Pearl River, NY 10965; Lic. No. 029407; Cal. No. 21753; Application for consent order granted; Penalty agreed upon: 1 month actual suspension, 23 month stayed suspension, 2 years probation, $5,000 fine.

 

            Philip E. Altman; 708 Saw Mill River Road, Ardsley, NY 10502; Lic. No. 036393; Cal. No. 22314; Application for consent order granted; Penalty agreed upon: 6 month actual suspension, 18 month stayed suspension, 2 years probation, $5,000 fine.

 

            CVS 249 First Avenue LLC; Retail Pharmacy; 253 First Avenue, New York, NY 10003; Reg. No. 024264; Cal. No. 22483; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, $10,000 fine.

 

            CVS 8th Avenue LLC; Retail Pharmacy; 272 Eighth Avenue, New York, NY 10011; Reg. No. 022461; Cal. No. 22484; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, $10,000 fine.

 

            CVS 540 Amsterdam Avenue LLC; Retail Pharmacy; 540 Amsterdam Avenue, New York, NY 10024; Reg. No. 024516; Cal. No. 22487; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, $10,000 fine.

 

            Narmin Beshai; 150-70 Jewel Avenue, Flushing, NY 11367; Lic. No. 046291; Cal. No. 22545; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $2,000 fine.

 

            American Outcomes Management, L.P.; Retail Pharmacy; 40 West 38th Street, New York, NY 10018; Reg. No. 024832; Cal. No. 22583; Application for consent order granted; Penalty agreed upon: Censure and Reprimand, 1 year probation, $10,000 fine.

 

            Salvatore M. Motisi; 36 Woodland Avenue, Farmingdale, NY 11735-1640; Lic. No. 030938; Cal. No. 22586; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $1,000 fine.

 

Physical Therapy

 

            Rosario Carreon Sepe; Physical Therapist; 10220 Steeplechase Drive, Avon, IN 46123; Lic. No. 016050; Cal. No. 22618; Application for consent order granted; Penalty agreed upon: 1 month actual suspension, 23 month stayed suspension, 2 years probation, $1,000 fine.

 

Psychology

 

            James K. Morrison; 678 Troy-Schenectady Road, Latham, NY 12110; Lic. No. 004791; Cal. No. 22390; Application for consent order granted; Penalty agreed upon: 1 year actual suspension, upon return to practice 2 years probation.

 

            Freyda Zell; 307 Lotus Lane, Saugerties, NY 12477; Lic. No. 003611; Cal. No. 22413; Application for consent order granted; Penalty agreed upon: 3 month actual suspension, 21 month stayed suspension, 2 years probation, $2,000 fine.

 

Public Accountancy

 

            John Anthony LaRossa; Certified Public Accountant; 505 8th Avenue, New York, NY  10018; Lic. No. 057922; Cal. No. 22252; Application for consent order granted; Penalty agreed upon: Indefinite actual suspension of not less than 6 months, to commence June 1, 2006 and until fit to practice – upon return to practice 3 years probation, $1,000 fine.

 

            Joseph Wolf; Certified Public Accountant; 105-115 Bennett Avenue, New York, NY 10033; Lic. No. 065899; Cal. No. 22521; Application for consent order granted; Penalty agreed upon: 1 year actual suspension, 2 year stayed suspension, 3 years probation, $10,000 fine.

 

            Francisco Oliveras; Certified Public Accountant; 27606 Pleasure Ride Loop, Wesley Chapel, FL 33543; Lic. No. 084322; Cal. No. 22574; Application for consent order granted; Penalty agreed upon: 1 year actual suspension, 1 year stayed suspension, 2 years probation, $3,000 fine.

 

            Christine S. Drew; Certified Public Accountant; 3900 El Portal Avenue, Las Vegas, NV 89102; Lic. No. 063604; Cal. No. 22584; Application for consent order granted; Penalty agreed upon: 1 month actual suspension, 11 month stayed suspension, upon return to practice 1 year probation.

 

Social Work

 

            Billy Nelson Lott; Licensed Clinical Social Worker; 1631 Sky High Road, Tully, NY 13159; Lic. No. 035842; Cal. No. 22565; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $500 fine.

 

            Jennifer Croke Kumpf; Licensed Master Social Worker; 412  6th Avenue, New York, NY 10011; Lic. No. 059737; Cal. No. 22598; Application for consent order granted; Penalty agreed upon: 3 month actual suspension, 21 month stayed suspension, 2 years probation, $500 fine.

 

III. RESTORATIONS

 

The Board of Regents voted on May 23, 2006 to stay the order of surrender of the physical therapist license of John Peter Goodbody, 8335 Graves Point Road, Wolcott, NY  14590, for one year, place him on probation for one year under specified terms and conditions, and upon successful completion of the probationary period, fully restore his license. Mr. Goodbody’s license was originally revoked effective July 22, 2000.

 

The Board of Regents voted on May 23, 2006 to deny the petition for restoration of the pharmacist license of Edgar Vincent Stevens, 8726 Walden Lane, Baldwinsville, NY 13027. Mr. Stevens’ license was originally revoked effective December 27, 1999.