SUMMARY OF THE FEBRUARY MEETING

 

OF THE BOARD OF REGENTS

 

OF

 

THE UNIVERSITY OF THE STATE OF NEW YORK

 

Held at the State Education Building

Albany, New York

February 13 and 14, 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, February 13 at 9:45 a.m. and Tuesday, February 14 at 12:45 p.m. pursuant to a call duly sent to each Regent.

 

MEETING OF THE FULL BOARD, Monday, February 13, 9:45 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

Harry Phillips, 3rd

Joseph E. Bowman, 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 Arnold B. Gardner, Lorraine Cortés-Vázquez, James R. Tallon, Jr., and John Brademas were absent and excused.

 

          Chancellor Bennett called the meeting to order at 9:45 a.m.

 

 

ACTION ITEMS

 

Executive Session Motion

 

          MOVED, that the Board of Regents convene in Executive Session on Tuesday, February 14, 2006 at 7:30 a.m., for the purpose of discussing personnel matters.

 

          Motion by:             Vice Chancellor Adelaide L. Sanford

          Seconded by:       Regent Geraldine D. Chapey

          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.

 

          Motion by:             Regent Roger B. Tilles

          Seconded by:       Regent Joseph E. Bowman, Jr.
         
Action:                    Motion carried unanimously

 

 

Summary of the January 2006 Meeting

BR (A) 2

 

          MOVED, that the Summary of the January 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 Joseph E. Bowman, Jr.

          Action:                    Motion carried unanimously

 

 

Final Review of the Regents Federal Legislative Agenda:

Federal Legislation and Education in New York State, 2006

BR (A) 3

 

The Board received for final review and approval the proposed 2006 Federal Legislative Agenda.  The Agenda presents the actions the Regents propose to fulfill their Federal role in education in the second session of the 109th Congress.

 

In discussion, Regent Roger B. Tilles offered the following amendment: inclusion of a statement of support for a proposed amendment to the Patriot Act that provides that patrons of public libraries who are being investigated be informed.

 

Motion for Approval of

  the Amendment by:       Regent Roger B. Tilles

Seconded by:                  Regent Milton L. Cofield

Action:                             Motion carried unanimously

 

MOVED, that the Board of Regents approve the Regents Federal Legislative Agenda, Federal Legislation and Education in New York State, 2006, as amended.

 

          Motion by:             Regent Milton L. Cofield

          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 fifteen subject areas the Board will vote upon or discuss during the monthly meeting: 64 Percent Graduate in Four Years – Problem and Solution in Brief; The Gap – What the Data Show; Urgent Actions to Close the Gap; High School; Actions to Improve Results for Students with Disabilities; Actions to Improve Results for English Language Learners; The Organizational Framework; Policy Review of Career and Technical Education; Renewed 24-month Policy Calendar; Commissioner’s Performance Agreement; Executive Budget; Regents Federal Agenda; Cultural Education Trusteeship; Alternative Teacher Certification; and, Leadership Regulations.

 

          In discussion, Board members had a series of questions regarding career and technical education programs, marketing in middle grades and seeking additional information on number of students enrolled and graduating.  Also, there must be a heightened emphasis on the relationship between health and mental health issues and academic achievement.

 

 

2000-01 Student Cohort Data

BR (D) 1

EMSC-VESID (D) 3

 

          The Board received an overview of the analysis of the graduation rates of the cohorts of students who first entered grade 9 in 2000 and 2001.

 

          In discussion, Board members had a series of questions and comments: request for breakdown of categories of disabilities for identified students; any evidence of reasons for the significant differences in the graduation rate for students with disabilities between New York City and the rest of the State; need to bridge the data gathering gap so all districts report in a comparable manner; and, a request to receive a breakdown of English Language Learners (ELL) by ethnicity.

 


MEETING OF THE FULL BOARD, Tuesday, February 14, 12:45 p.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

Harry Phillips, 3rd

Joseph E. Bowman, Jr.

Lorraine Cortés-Vázquez

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 Arnold B. Gardner and John Brademas were absent and excused.

 

          Chancellor Bennett called the meeting to order at 12:45 p.m.

 

 

ACTION ITEMS

 

 

State Education Department January 2006 Fiscal Report

BR (A) 4

 

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

 

          A Variance Report reflects the deficiency appropriation provided in Chapter 5 of the Laws of 2006 to cover the 2005-06 tenured teachers hearing program shortfall and the allocation of Higher Education funds for the Federal fiscal year which began on July 1, 2005 for a number of programs.

 

          All general fund and Federal accounts are in structural balance.  All revenue accounts are in balance, allowing for normal reimbursement delays and the planned use of prior year balances.


          MOVED, that the Board of Regents accept the January 2006 State Education Department Fiscal Report as presented.

 

          Motion by:               Regent Joseph E. Bowman, Jr.

          Seconded by:         Regent Geraldine D. Chapey

          Action:                      Motion carried unanimously

 

 

Appointment of Interim Deputy Commissioner

BR (A) 5

 

          MOVED, that the Board of Regents approve the appointment of Jean C. Stevens to the position of Interim Deputy Commissioner for Elementary, Middle, Secondary and Continuing Education effective immediately.

 

          Motion by:             Regent Harry Phillips, 3rd

          Seconded by:        Regent Milton L. Cofield

          Action:                   Motion carried unanimously

 

 

Appointment of a Superintendent at the New York State School for the Deaf

BR (A) 6

 

          MOVED, that the Board of Regents appoint Carriann Ray as Superintendent of the New York State School for the Deaf, effective February 14, 2006.

 

          Motion by:             Regent Roger B. Tilles

          Seconded by:        Regent Lorraine Cortés-Vázquez

Action:                   Motion carried unanimously

 

 

STANDING COMMITTEE REPORTS

 

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

 

          Motion by:             Regent Milton L. Cofield

          Seconded by:        Regent Harry Phillips, 3rd

          Action:                   Motion carried

 

(Regent Roger B. Tilles voted nay on item coded EMSC-VESID (A) 3, Proposed Amendment to Regulations of the Commissioner Relating to School Health Services and the Religious Exemption for Immunizations.)

 

 

 


REGENTS COMMITTEE ON ELEMENTARY, MIDDLE, SECONDARY AND CONTINUING EDUCATION-VOCATIONAL AND EDUCATIONAL SERVICES FOR INDIVIDUALS WITH DISABILITIES

 

          Your EMSC-VESID Committee held its scheduled meeting on February 13, 2006.  All members were present.

 

ACTION ITEMS

 

Charter Schools

 

·       Your Committee recommends approval of the extension of the charters and provisional charters up through and including July 31, 2006 for the following charter schools:  Ark Community Charter School, Troy; Carl C. Icahn Charter School, New York City; Family Life Academy Charter School, New York City; Harlem Day Charter School, New York City; and Stepping Stone Academy Charter School, Buffalo. [EMSC-VESID (A) 1]

 

State Plan

 

·       Your Committee recommends approval of the amendment to the State Plan for Vocational Rehabilitation and Supported Employment Services, effective July 1, 2006.  [EMSC-VESID (CA) 1]

 

Regulations

 

·       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 February 28, 2006, as an emergency action in order to provide for the timely implementation of Chapter 263 of the Laws of 2005 by immediately establishing requirements relating to school district financial accountability, and thereby ensure that the Commissioner of Education may timely approve providers and curriculums so that board of education members may complete their training by the statutory deadline; ensure sufficient time for school districts and BOCES to establish and operate their internal audit functions by the statutory deadline; and establish requirements relating to claims auditors, audit committees, and the conduct of annual audits.  [EMSC-VESID (A) 2]

 

·       Your Committee recommends that paragraph (2) of subdivision (a) and subdivision (f) of section 136.3 of the Regulations of the Commissioner of Education relating to school health services and the religious exemption for immunizations be amended as submitted, effective March 9, 2006.  [EMSC-VESID (A) 3)

 

The vote was 5 yes and 3 no (Regents Tilles, Cortés-Vázquez and Tisch).
 

MOTION FOR ACTION BY FULL BOARD

 

          Mr. Chancellor and Members of the Board:  Your EMSC-VESID Committee recommends, and I move, that the Board of Regents act affirmatively upon each of the recommendations set forth in the written report of the deliberations of the Committee at its meeting on February 13, 2006, copies of which have been distributed to each Regent.

 

 

MATTERS NOT REQUIRING BOARD ACTION

 

Regents policy review of career and technical education  [EMSC-VESID (D) 1]

 

          Due to time constraints, this report will be carried over to the March agenda.

 

Background and field guidance on religious exemption from immunization and health screening requirements  [EMSC-VESID (D) 2]

 

The Committee asked that staff revise the school district guidelines for parents/guardians seeking a religious exemption for immunizations and to bring back to the Committee for review a revised document in March.  Staff was also asked to determine how many students request an exemption each year.

 

New York State high school initiative: continued discussion on 2000 and 2001 cohort data  [EMSC-VESID (D) 3]

 

The Committee continued the discussion on the 2000 and 2001 cohort data begun at Full Board.  The topics discussed included:  the need for an explanation for the percentage of students not being tested on Regents exams; the need to use the detailed data constructively; the suggestion to use a simple survey to ask students why they have not taken the required Regents exams; consideration of an IEP approach for at risk students; and the need for a strategy to use common language and definition of data released by the New York City school district and the Department.  During visits to New York City identified high schools with low graduation rates, staff will interview students on testing issues.  In March, the Committee will discuss the proposed strategies for high schools, students with disabilities and limited English proficient students to improve student performance results.

 

The Committee also asked that written reports and opportunities to discuss the progress of the Roosevelt School District with its Board of Education and Superintendent of Schools be scheduled more frequently.  The next annual report is scheduled on the Full Board agenda in May 2006.  It was also suggested that a formal independent evaluation be considered on the Regents oversight of the District to document what has been done and to identify what has worked and what has not worked to improve student performance.

 

Oral report on assessment issues

 

There was a consensus of the Committee in support of the amendment to Commissioner’s Regulations to add one-half day to the June Regents examination schedule.  The regulation will be submitted for emergency adoption in March.  The Committee also discussed scoring and equating of Regents exams and identified the need for a marketing strategy for public understanding.  Staff will provide the Committee offline with a document that explains the scoring and equating process as well as a statistical explanation on the scoring of the Mathematics A Regents exam.  The Committee asked that assessment issues such as marketing information on scoring and scaling tests and the timing for the release of test results be further discussed at the Full Board or Quality Committee.

 

 

REGENTS COMMITTEE ON CULTURAL EDUCATION

 

          Regent James C. Dawson, Chair of the Cultural Education Committee, submitted the following written report:

 

          Your Committee on Cultural Education had its scheduled meeting on February 13, 2006 in the 11th floor Seminar Room, Cultural Education Center.  Chancellor Bennett, Regents Dawson, Phillips, Bowman, Gardner, Chapey, Cortés-Vázquez, Cohen and Tilles were in attendance.  Regent Brademas was absent.

 

ACTION ITEMS

 

Your Committee recommended the approval of an amendment of Sections 3.27 and 3.30 of the Regents Rules regarding the chartering, incorporation and registration of museums, historical societies and cultural agencies. [CE (A) 1]

 

Anne Ackerson introduced Board members of The Museum Association of New York (MANY).  Nicholas Westbrook, Past-President of MANY explained how through a partnership with SED, and several state agencies, the standards were codified.

  

ITEMS FOR DISCUSSION

 

Regent Dawson began discussion of the purpose of the Cultural Education Committee in its role as Trusteeship Committee.  He explained this is a historic first meeting of three or four per year which will focus on the Regents trusteeship of the State Archives, State Library and State Museum.  Trusteeship entails members of the Board understanding exactly what the collections are and mean to citizens of NYS. 

 

Deputy Commissioner Carole Huxley reinforced the importance of the Committee to the future of the institutions.  Regent Dawson asked members to review their calendars for a full day Trusteeship meeting within the next three to five months outside the normal Regents schedule.  

 

Discussion focused on electronic access to collections and exhibits and the approach of the Library, Archives and Museum in applying these technologies as described in the Cultural Education technology plan.

 

The second discussion item centered on two major initiatives supported in the Executive Budget.  The Museum, Library and Archives have moved forward with plans for new exhibit halls and a new facility.  The Executive Budget provided allocation of $20 million for the renewal of exhibits in the Museum and authorization for the use of $20 million towards construction of a new research and collection facility.  Additionally, a Cultural Education Trust has been established in the budget for these funds and establishment of a Trust Board advisory to the Regents, to oversee these funds and plans for renewed exhibit halls and new facility.

 

Regent Dawson will contact members electronically about items to be discussed at subsequent Trustee meetings.

 

 

REGENTS COMMITTEE ON HIGHER EDUCATION

AND PROFESSIONAL PRACTICE

 

          Your Higher Education and Professional Practice Committee held its scheduled meeting on February 14, 2006.  All members of the Committee were present, except Regent John Brademas, who was excused.  Regent Roger B. Tilles was also present during the public session. 

 

ACTION ITEMS

 

Professional Discipline Cases

 

          Your Committee recommends that the reports of the Regents Review Committees, including rulings, findings of fact, determinations as to guilt, and recommendations, by unanimous or majority vote, contained in those reports which have been distributed to you, be accepted in 5 cases, and not accepted in 1 case, as hereafter set forth, with six members voting acceptance in the case of Gabriel Dante Ariola a/k/a Dr. Gabe, Dentist, Calendar No. 21555 and with Regent Saul B. Cohen voting in opposition in such case.  In addition, your Committee recommends, upon the recommendation of the Committee on the Professions, that 18 consent order applications and 11 surrender applications be granted.

 

          In the case of Scott Martin Stanislaw, Pharmacist, Calendar No. 21794, 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 otherwise be accepted, and we recommend that upon the specification of which the respondent was found guilty, that respondent’s license to practice as a pharmacist in the State of New York be suspended for three years, that execution of the last 12 months of said suspension be stayed, and respondent be placed on probation for said 12 month period of stayed suspension, under the terms of probation recommended by the Regents Review Committee member voting in the minority, as set forth in Exhibit “B” of the report Regents Review Committee.  

 

          In the case of Brenda Sue Korabek, under Calendar No. 22427, we recommend that wherever the phrase “physical therapy assistant” is used in the application for a consent order in this matter, such phrase be deemed corrected and deemed to read “physical therapist assistant” and that the references in the application to the words “licensed” and “license” concerning respondent’s such profession be deemed corrected and deemed to read “certified” and “certificate”, respectively, and that the application for a consent order in this matter, as so corrected, be granted.

 

In the case of Margaret Theresa O’Dea, Certified Dental Assistant, under Calendar No. 22469, we recommend that wherever the references in the application to the words “licensed” and “license” are used concerning respondent’s profession, such words be deemed corrected and be deemed to read “certified” and “certificate”, respectively, and that the application of Margaret Theresa O’Dea, respondent, as so corrected, to surrender respondent's certificate to practice as a Certified Dental Assistant in the State of New York, be granted.

         

          These recommendations are made following the review of 35 cases involving seven registered professional nurses, seven licensed practical nurses, five dentists, five pharmacies, three certified public accountants, one certified dental assistant, one chiropractor, one licensed master social worker, one licensed practical nurse who is also a registered professional nurse, one physical therapist, one physical therapist assistant, and one respiratory therapist.

 

Restoration Petitions

 

Voted, that the Board of Regents deny the petition for restoration of Ina Martin’s license to practice as a registered professional Nurse in New York State.   [HE & PP EXS (A) 4]

 

Consent Agenda Items

 

          Your Committee recommends that the Board of Regents authorize the amendment of the master plan of the State University of New York in order for Cayuga Community College to operate a branch campus in Fulton, New York.  [HE & PP (CA) 1]

 

          Your Committee recommends that the Board of Regents confer degrees upon students completing programs at Professional Business College and Taylor Business Institute.  [HE & PP (CA) 2]

 

Your Committee recommends that the Regents approve the recommendations of the Committee on the Professions regarding Licensing Petitions.  [HE & PP (CA) 3]

         

Your Committee recommends that the Board of Regents authorize amendment of the master plan of the Board of Trustees of The City University of New York in order for the College of Staten Island (CSI) to offer a Master of Science (M.S.) degree in Business Management.  [HE & PP (CA) 4]

 

Your Committee recommends that the Regents approve the following appointments and reappointments to the State Boards for the Professions and the Committee for Professional Assistance:  [HE & PP (CA) 5]

 

State Board for Certified Public Accountancy - appoint William H. Dresnack (Brockport) for a term commencing March 1, 2006, and expiring February 28, 2011

 

State Board for Certified Public Accountancy – reappoint John P. Laschenski (Webster) for a term commencing March 1, 2006, and expiring February 28, 2011

 

State Board for Chiropractic – appoint Michael J. Martin (Slingerlands) for a term commencing February 1, 2006 and expiring January 31, 2011

 

State Board for Engineering and Land Surveying – appoint Edwin Haas (Sayville) and Allen Casey (Rochester) each for a term commencing March 1, 2006, and expiring February 28, 2011

 

Committee for Professional Assistance – reappoint Arnita D. Branch (Schenectady) for a term commencing February 14, 2006 and expiring February 13, 2011

 

Your Committee also recommends that the Regents approve the following appointments of extended members to the State Boards for the Professions for service on licensure restoration and moral character panels: [HE & PP (CA) 5]

 

State Board for Chiropractic – reappoint Charles J. Keller (Valhalla) and Kenneth W. Padgett (Romulus) each for a term commencing February 1, 2006 and expiring January 31, 2011     

 


Action Items

 

Your Committee recommends that the Board of Regents renew the institutional accreditation of North Shore – Long Island Jewish Graduate School of Molecular Medicine for a period of seven years, ending in 2013, with the following conditions:

 

·        The Graduate School evaluates its integration with the Research Institute in light of its role as an institution of higher education and addresses the degree to which it has a separate identity from the Institute.

 

·        The Graduate School develops a recruitment plan that will result in a sufficient number of completed applications from high quality applicants to enable it to meet its enrollment goal and includes in its annual report a narrative describing its recruitment activities in the preceding year and their results in terms of enrollments.  [HE & PP (A) 1]

 

Your Committee recommends that the Board of Regents renew the institutional accreditation of the New York Academy of Art for a period of six years, ending in 2012, with reports in its midpoint self-study on specified topics related to assessment of its academic programs and initiatives undertaken to strengthen the Academy based on this assessment.   [HE & PP (A) 2]

 

MATTERS NOT REQUIRING BOARD ACTION

 

Your Committee discussed several topics of interest, including:  

 

Amendment to the Regulations of the Commissioner relating to requirements for the certification of teaching assistants  [HE & PP (D) 1]

 

The Committee discussed proposed adjustments to the regulations that originally occurred in 2004 with respect to teaching assistants.  Proposals discussed included extending the time validity of the level 1 and 11 teaching assistants certificates, specifying additional requirements for the renewal of the level 1 teaching assistant certificate, increasing proportionally the collegiate study for the level 11 teaching assistant certificate and clarifying coursework requirements.

 

Amendment to the Regulations of the Commissioner relating to requirements for the renewal of provisional certificates   [HE & PP (D) 2]

 

The Committee discussed an amendment that would allow individuals who hold expired provisional certificates in Pupil Personnel or Administrative Titles a one-time opportunity to renew the certificates for a five-year term in order to enable them to meet the experience requirements for the permanent certificate.

 


Alternative Teacher Preparation Programs   [HE & PP (D) 3]

 

The Committee was provided an update on the progress of the alternative certification programs since their inception.

 

Leadership Regulations  [HE & PP (D) 4)

 

The Committee discussed draft regulations for the school leadership certificates.  The proposed regulations address the experience requirement for building level certificates, professional development requirements, alternative pathways for exceptionally qualified candidates, and assessment measures.  The Committee asked that staff continue discussions with the field and come back to them in May for further discussion.

 

MOTION FOR ACTION BY FULL BOARD

 

          Mr. Chancellor and Colleagues:  Your Higher Education and Professional Practice Committee recommends, and I move, that the Board of Regents act affirmatively upon each recommendation in the written report of the Committee's deliberations at its meeting on February 14, 2006, copies of which have been distributed to each Regent.

 

 

REGENTS COMMITTEE ON QUALITY

 

Regent Saul B. Cohen, Chair of the Committee on Quality, presented on behalf of the Committee the following written report.

 

Your Committee on Quality held its scheduled meeting on February 14, 2006.  Chancellor Bennett, Vice Chancellor Sanford, Committee Vice Chair Cortés-Vázquez, and Regents Dawson, Bottar, Tisch, Chapey, Bowman, Tallon and Cofield were present.  Regents Phillips and Tilles also attended.  Commissioner Mills was present. 

 

APPROVAL

 

Your Committee recommends approval of item [QU (A) 1] which is the Commissioner’s Performance Agreement for 2006 and 2007.  The Commissioner will concentrate on raising achievement and accelerating gap closing throughout the PreK-16 system by pursuing three means to achieve that end:

 

  1. Effective gap-closing strategies and policy implementation;
  2. A mobilized USNY; and
  3. Increased capacity in the State Education Department.

 

The performance agreement does not yet contain numeric targets for the performance measures.  The Commissioner, working with Department executive staff, will establish those targets and bring this information to the Board shortly.

 

 

MATTERS NOT REQUIRING BOARD ACTION

 

     Your Committee discussed two items this month in anticipation of full Board approval in the coming months.

 

·       Draft 24 Month Calendar for 2006 through 2007, which lays out the intended schedule of policy topics for Board discussion, decision and review. The Commissioner will revise the draft calendar so that it is organized by Committee and indicates which proposed agenda items are mandated.  Committee Chairs are asked to review this revised format and make revisions as appropriate. Next month, your Committee will recommend the final calendar to the Board for its approval.

 

·       Preliminary draft amendments to the Regulations of the Commissioner concerning the name and scope of responsibilities for the Committee on Quality.  The proposed amendments would change the name of this committee to the Committee on Policy Integration and Innovation.  The proposed scope of responsibility would be:

 

i.                 Provides a forum for debate and recommendation on innovation and cross-cutting issues;

ii.                Identifies policy research, evaluation needs and implementation strategies;

iii.              Plans board retreats and training;

iv.              Plans the periodic evaluation of the commissioner by the board;

v.               Guides the creation of the 24-month calendar; and

vi.              Monitors implementation of board priorities.

 

     The proposed amendments will come before the full Board for emergency action in March, and for confirmation as a permanent rule in May.

 

APPENDIX I


NEW YORK STATE BOARD OF REGENTS

CHARTER ACTIONS

 

 

CHEMUNG COUNTY LIBRARY DISTRICT

Voted, that

          1.       An absolute charter in the first instance is granted incorporating Marleah Denkenberger, Robin Fitzgerald, Claudia Radin, Richard Pirozzolo, Joan Hurley, Sherrill Collins, Maria Scotti-Laifer, Jan Kather, Andrea Ogunwumi, Elizabeth Wavle, Denny Smith, Karl Schwesinger, Julia Lavarnway, Edwin P. Marosek, Dan Drake and their associates and successors as an education corporation under the corporate name of Chemung County Library District, located in Elmira, county of Chemung, and state of New York.

2.     The purpose for which such corporation is to be formed is to provide public library service to the residents of the county of Chemung as established in Chapter 380 of the Laws of 2005.

          3.       The library shall be administered by a board of fifteen trustees, said trustees to serve in the order in which they are name herein, for terms that shall expire as follows: Robin Fitzgerald, Maria Scotti-Laifer, Denny Smith, Karl Schwesinger, and Dan Drake, terms expire December 31, 2006; Claudia Radin, Richard Pirozzolo, Jan Kather, Andrea Ogunwumi and Julia Lavarnway, terms expire December 31, 2007 and Elizabeth Wavle, Joan Hurley, Sherrill Collins, Marleah Denkenberger and Edwin Marosek terms expire December 31, 2008.

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

 

                                        Marleah Denkenberger

                                        369 Barnes Hill Road

Horseheads, New York 14845

 

Robin Fitzgerald

261 Hibbard Road

Horseheads, New York 14845

 

Claudia Radin

501 South Main Street

Horseheads, New York 14845

 

Richard Pirozzolo

96 Pine Circle Drive

                                        Horseheads, New York 14845

 

Joan Hurley

7 Scotch Pine Lane

Erin, New York 14838

 

Sherrill Collins

784 Breesport- No. Chem. Rd.

Lowman, New York 14861

 

Maria Scotti-Laifer

1061 West Water Street

Elmira, New York 14904

 

Jan Kather

413 Harrison Street

Elmira Heights, New York 14903

 

Andrea Ogunwumi

1556 Pratt Street

Elmira, New York 14901

 

Elizabeth Wavle

656 Columbia Street

Elmira, New York 14901

 

Denny  Smith

612 William Street

Elmira, New York 14901

 

Karl Schwesinger

602 Decker Avenue

Elmira, New York 14904

 

Julia Lavarnway

707 Riverside Avenue

Elmira, New York 14904

 

Edwin P. Marosek

764 Cedar Street

Elmira, New York 14904

 

Dan Drake

44 Sunset

Wellsburg, New York 14894

                   

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 101 East Church Street, Elmira, New York 14901.

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.

 

GENEVA PUBLIC LIBRARY

Voted, that

          1.       An absolute charter in the first instance is granted incorporating Bram S. Lehman, Chevy DeVaney, Nancy P. Bauder, Rita I. Reissig, Louis H. Guard, Virginia Torruella, Judith McKinney and their associates and successors as an education corporation under the corporate name of Geneva Public Library, located in Geneva, county of Ontario, and state of New York.

          2.       The purpose for which such corporation is to be formed is to provide public library programs and services to the residents of the Geneva City School District, city of Geneva, county of Ontario, state of New York.

          3.       The library shall be administered by a board of seven trustees, said trustees to serve in the order in which they are name herein, for terms that shall expire as follows: Chevy DeVaney and Louis H. Guard, terms expire in one year; Judith McKinney’s, term expires in two years; Virginia Torruella and Bram S. Lehman, terms expire in three years; Nancy P. Bauder and Rita I. Reissig terms expire in five years. 

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

 

                                        Bram S. Lehman

                                        398 South Main Street

Geneva, New York 14456

 

Chevy DeVaney

67 North Main Street

Geneva, New York 14456

 

Nancy P. Bauder

134 Oak Street 

Geneva, New York 14456

 

Rita I. Reissig

360 Castle Street

Geneva, New York 14456

 

Louis H. Guard

311 Washington Street

Geneva, New York 14456

 

Virginia Torruella

34 Humbert Street

Geneva, New York 14456

 

Judith McKinney

122 Hillcrest Avenue 

Geneva, New York 14456

                   

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 244 Main Street, Geneva, New York 14456.

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.

 

LEWISBORO LIBRARY.  An application having been made by and on behalf of the trustees of Lewisboro Library, for an amendment of its charter, it was

          Voted, that the absolute charter of the Lewisboro Library, located in Lewisboro, county of Westchester, state of New York, which was granted by action of the Board of Regents on December 3, 1903 under the corporate name “South Salem Library”; which absolute charter was amended by Regents action on September 20, 1946 and December 15, 2000 to change the corporate name to “Lewisboro Library” be, and the same is hereby amended to change the corporate name to “South Salem Library,” to increase the term of office of each trustee to four years, and to change the number of trustees to be no less than nine or no more than fifteen.

 

THE NEUSTADT MUSEUM OF TIFFANY ART.  An application having been made by and on behalf of the trustees of The Neustadt Museum of Tiffany Art, for its charter to be amended, it was

          Voted, that the provisional charter of The Neustadt Museum of Tiffany Art, located in the city, county, and state of New York, which was incorporated by action of the Board of Regents on November 21, 1969 under the corporate name “The Egon & Hildegard Neustadt Museum of Tiffany Art”; which provisional charter was extended by Regents action January 24, 1973 and May 21, 1982; which provisional charter was amended by Regents action on January 29, 1985 and extended on November 20, 1992 and September 20, 1996; which provisional charter was last amended by Regents action on September 18, 1998 to change the corporate name to “The Neustadt Museum of Tiffany Art” be, and the same hereby is, amended to change the corporate name to “The Neustadt Collection of Tiffany Glass.”

 

WMHT EDUCATIONAL TELECOMMUNICATIONS.  An application having been made by and on behalf of the trustees of the WMHT Educational Telecommunications, for its charter to be amended, it was

          Voted, that the absolute charter of the WMHT Educational Telecommunications, located in the city and county of Schenectady, and state of New York, which was incorporated by action of the Board of Regents on June 26, 1953 under the corporate name “Mohawk-Hudson Council on Educational Television, Inc.”; which charter was amended by Regents action on November 22, 1957 and on July 24, 1987 to change the corporate name to “WMHT Educational Telecommunications”; which charter was last amended by Regents action on November 6, 1998 be, and the same hereby is, amended to identify the corporate location to be Town of North Greenbush in the County of Rensselaer, State of New York.

 

RED JACKET COMMUNITY LIBRARY.  An application having been made by and on behalf of the trustees of Red Jacket Community Library, for its provisional charter to be extended, it was

          Voted, that the provisional charter of the Red Jacket Community Library, located in the Shortsville, county of Ontario, state of New York, which was granted by action of the Board of Regents on September 18, 1998 be, and the same hereby is, extended until February 14, 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 February 14, 2011 and upon notice by the Regents, such provisional charter shall terminate and become void and shall be surrendered to the Regents.

 

HIRAM HALLE MEMORIAL LIBRARY.  An application having been made by and on behalf of the trustees of Hiram Halle Memorial Library, an association library, for its charter to be dissolved, and for approval of the distribution of its remaining corporate assets to the Pound Ridge Library District, and it appearing from the petition that all taxes payable by the corporation have been paid, it was

          Voted, that the provisional charter of Hiram Halle Memorial Library, located in Pound Ridge, county of Westchester, state of New York, which was granted by action of the Board of Regents on November 30, 1951; which provisional charter was made absolute by Regents action on February 25, 1955 be, and the same hereby is, dissolved, and that notice to such effect be given to the board of trustees of the corporation, and that the distribution of the corporation’s assets to the Pound Ridge Library District, be, and the same hereby is, approved.

 

PLAY GROUPS SCHOOL   An application having been made by and on behalf of the trustees of the Play Groups School, for an amendment of its charter, it was

          Voted, that the provisional charter of the Play Groups School located in Setauket, county of Suffolk, and state of New York, which was granted by action of the Board of Regents on February 26, 1971; which provisional charter was made absolute by Regents action on September 19, 1974 be, and the same hereby is, amended to specify that the children being served by the school are eighteen months to five and one half years of age, to change the corporate address to 52 Old Post Road, East Setauket, New York 11733 and to add authority for the corporation to also establish and operate day care centers within the state of New York, initially in Suffolk County, provided however, that before each such facility shall be established and opened, the prior written approval of the New York State Office of Children and Family Services (or the New York City Department of Health, for the day care centers located in New York City) must be obtained.

 

YESHIVA DERECH HATORAH-YESHIVAT MIZRACHI L’BANIM.   An application having been made by and on behalf of the trustees of Yeshiva Derech HaTorah-Yeshivat Mizrachi L’Banim, for an amendment of its charter, it was

          Voted, that the provisional charter of Yeshiva Derech HaTorah-Yeshivat Mizrachi L’Banim, located in Brooklyn, county of Kings, and state of New York, which was granted by action of the Board of Regents on July 23, 1985 under the corporate name “Yeshivat Mizrachi L’Banim”; which provisional was amended and made absolute by Regents action on July 21, 1995; which absolute charter was amended by Regents action on September 20, 1996 to change the corporate name to “Yeshiva Derech HaTorah-Yeshivat Mizrachi L’Banim” be, and the same hereby is, amended to add authority for the corporation to also operate a grades nine through twelve high school.

 

LONG ISLAND AMITY SCHOOL

          Voted, that

          1.       A provisional charter valid for a term of three years is granted incorporating Sadrettin Altinok, Hayati Camlica, Mete Moran, Alparslan Buyukbayraktar, Yuksel Kilic and their associates and successors as an education corporation under the corporate name of Long Island Amity School, located in Bay Shore, county of Suffolk, and state of New York.

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

To operate a kindergarten and a grade one through eight elementary school.

          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:                                                          

                                        Sadrettin Altinok

                                        2 Sunset Lane

                                        Miller Place, New York 11764

                                       

                                        Hayati Camlica

                                        106 Rockaway Street 

                                        Islip Terrace, New York 11752

                                       

                                        Mete Moran

                                        807 Devonshire Road 

                                        Hauppauge, New York 11788

                                       

                                        Alparslan Buyukbayraktar

                                        4 Lakeview Avenue 

                                        Nesconset, New York 11767

 

                                        Yuksel Kilic

                                        2661 Middle Country Road

                                        Centereach, New York 11720

                                                                                                                       

          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 67 Greenwood Road, Bay Shore, New York 11706.

10.       The Commissioner of Education is designated as the representative of the corporation upon whom process in any action or proceeding against it may be served.

          11.     Such provisional charter will be made absolute if, within three years after the date when this charter is granted, the corporation shall acquire resources and equipment which are available for its use and support and which are sufficient and suitable for its chartered purposes in the judgment of the Regents of the University, and shall be maintaining an institution of educational usefulness and character satisfactory to the Regents.  Prior to the expiration of said three-year period, an application for the extension of such provisional charter or for an absolute charter will be entertained by the Regents, but in the event that such application is not made, then at the expiration of said term of three years, and upon notice by the Regents, such provisional charter shall terminate and become void and shall be surrendered to the Regents.

 

MDQ ACADEMY

          Voted, that

          1.       A provisional charter valid for a term of one year is granted incorporating Mohammad Nobani, Hafiz Ur Rehman, Muhammed A. Suhail, M. Iqbal Khan, Syed M. Ali and their associates and successors as an education corporation under the corporate name of MDQ Academy located in Bay Shore, county of Suffolk, and state of New York.

          2.       The purposes for which such corporation is formed is: To operate a nursery school for preschool children from three to five years of age, a kindergarten for five year olds, a grades one through six elementary school.

          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:                                                          

                                        Mohammad Nobani

                                        340 Glynn Street 

                                        North Babylon, New York 11703

                                       

                                        Hafiz Ur Rehman

                                        895 Thomson Drive

                                        Bay Shore, New York 11706

                                       

                                        Muhammed A. Suhail

                                        1524 Pine Acres Blvd. 

                                        Bay Shore, New York 11706

 

                                        M. Iqbal Khan

                                        73 Gladstone Avenue 

                                        West Islip, New York 11795

 

                                        Syed M. Ali

                                        130 Paris Court

                                        West Islip, New York 11795

                                                                                                             

          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 1514 East 3rd Avenue, Bay Shore, New York 11706.

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

 

WESTCHESTER-FAIRFIELD HEBREW ACADEMY.  An application having been made by and on behalf of the trustees of the Westchester-Fairfield Hebrew Academy, for its provisional charter to be extended, it was

          Voted, that the provisional charter of the Westchester-Fairfield Hebrew Academy, located in Port Chester, county of Westchester, and state of New York, which was granted by action of the Board of Regents on April 21, 1998; which provisional charter was amended and extended by Regents action on July 18, 2002 be, and the same hereby is, extended until February 14, 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 February 14, 2009 and upon notice by the Regents, such provisional charter shall terminate and become void and shall be surrendered to the Regents.

 

HARTWICK COLLEGE.  An application having been made by and on behalf of the trustees of Hartwick College, for an amendment of its charter, it was

          Voted, that the provisional charter of Hartwick College, located in Oneonta, county of Otsego, and state of New York, which was granted by action of the Board of Regents on February 17, 1928, which provisional charter was made absolute by Regents action on February 19, 1931; which absolute charter was amended by Regents action on March 20, 1942; which corporation was consolidated with The Hartwick Seminary under the name Hartwick College and granted an absolute charter on May 16, 1947; which absolute charter was amended by Regents action on July 21, 1950, November 22, 1957, May 23, 1969 and April 27, 1979 be, and hereby is, amended to increase the number of trustees from 25 to 30.

 

MEDAILLE COLLEGE.  An application having been made by and on behalf of the trustees of Medaille College, for an amendment of its charter, it was

          Voted, that the absolute charter of Medaille College, located in Buffalo, county of Erie, and state of New York, which was granted by action of the Board of Regents on October 25, 1968, which absolute charter having been amended on various occasions, the last amendment having been granted on January 12, 2004 be, and the same hereby is, amended to add authority for  the corporation to confer the degree of Bachelor of Science (B.S.) at its branch campus at Brighton, Monroe County.

 

NEW YORK INSTITUTE OF TECHNOLOGY.  An application having been made by and on behalf of the trustees of the New York Institute of Technology, for an amendment of its charter, it was

          Voted, that the provisional charter of New York Institute of Technology, located in the city, county, and state of New York, which was granted by action of the Board of Regents on November 18, 1955, which provisional charter was amended by Regents action on March 1, 1957, September 25, 1959, and January 28, 1960 and as so amended, extended; which provisional charter was made absolute by Regents action on April 27, 1962; and such charter having been amended on various occasions, the last amendment having been granted on December 13, 2002 be, and the same hereby is, amended to add authority for  the corporation to confer the Master of Fine Arts (M.F.A.) degree at its Manhattan and Old Westbury campuses.

 

 

 

APPENDIX II

REGENTS ACTIONS IN 35 PROFESSIONAL DISCIPLINE CASES

AND 1 RESTORATION PETITION

 

February 13-14, 2006

 

          The Board of Regents announced disciplinary actions resulting in the revocation of 3 licenses, surrender of 10 licenses, one of which was originally a certificate, 1 certificate, and 22 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 1 restoration petition.

 

I.                REVOCATIONS AND SURRENDERS

 

Dentistry

 

          Tejbir S. Oberoi; Dentist; Lic. No. 034560; Cal. No. 21485; Found guilty of professional misconduct; Penalty: Revocation.

 

          Luis Silvestre-Mejia; Dentist; 35-43 84th Street, Jackson Heights, NY 11372; Lic. No. 045269; Cal. No. 21744; Found guilty of professional misconduct; Penalty: Revocation.

 

          Lawrence J. Wolfin; Dentist; 5917 Bergenline Avenue, West New York, NJ 07093; Lic. No. 034369; Cal. No. 22457; Application to surrender license granted.  Summary: Licensee did not contest the charge of being found guilty by the New Jersey State Board of Dentistry of professional misconduct for delegating professional responsibilities to someone not qualified to perform them.

 

          Margaret Theresa O’Dea; Certified Dental Assistant; 26 Hobbs Lane, Palenville, NY 12463; Cert. No. 000115; Cal. No. 22469; Application to surrender certificate granted.  Summary: Licensee admitted to the charge of having been convicted of Criminal Possession of a Controlled Substance. 

 


Nursing

 

          Helen Margaret MacEwen; Registered Professional Nurse; 180 Kemp Road, Delhi, NY 13753; Lic. No. 461706; Cal. No. 22440; Application to surrender license granted. Summary: Licensee did not contest the charge of practicing the profession of nursing while impaired by a mental disability.

 

          Vincent J. Osrud; Registered Professional Nurse; 74 Grippen Hill Road, Vestal, NY 13850; Lic. No. 243942; Cal. No. 22458; Application to surrender license granted.  Summary: Licensee admitted to the charge of practicing as a nurse without being registered.

 

          Felecia Cassandra Thomas; Licensed Practical Nurse; 10 Elba Street, Rochester, NY 14608; Lic. No. 273130; Cal. No. 22525; Application to surrender license granted.  Summary: Licensee admitted to the charge of having been convicted of Willful Violation of Health Laws and Falsifying Business Records in the 2nd Degree. 

 

Pharmacy

 

          Kenneth Martone; 40 Cedar Street, Amityville, NY 11701; Lic. No. 046518; Cal. No. 22439; Application to surrender license granted.  Summary: Licensee did not contest the charge of diverting drugs from his employer for his personal use.

 

          John Santiago; 3420  79th Street, Jackson Heights, NY 11372; Lic. No. 025054; Cal. No. 22531; Application to surrender license granted.  Summary: Licensee did not contest the charge of willfully dispensing prescription-required drugs without a prescription in that, on several occasions between August 2004 and September 2005, he dispensed prescription-required non-controlled substances without prescriptions or any other authorization.

 

Physical Therapy

 

          Sally Ann Clark; Physical Therapist; 144 Grand Street, Lockport, NY 14094; Lic. No. 011924; Cal. No. 22462; Application to surrender license granted.  Summary: Licensee admitted to the charges of unauthorized practice of the profession; willfully failing to register; and knowingly altering her certificates of registration. 

 

Public Accountancy

 

          Howard J. Weinstein; Certified Public Accountant; 1810 48 Front Street, East Meadow, NY 11554; Lic. (Cert.) No. 026870; Cal. No. 22422; Application to surrender license (certificate) granted.  Summary: Licensee did not contest the charge of having been convicted of Conspiracy to Commit Money Laundering.

 

          Scott D. Sullivan; Certified Public Accountant; 6318 Woodbury Road, Boca Raton, FL 33433; Lic. No. 052147; Cal. No. 22544; Application to surrender license granted.  Summary: Licensee admitted to the charge of having been convicted of Conspiracy to Commit Securities Fraud, Securities Fraud, and False Filings with the United States Securities and Exchange Commission. 

 

Respiratory Therapy

 

          Hoover Jean-Louis; Respiratory Therapist; 4028 Seton Avenue, Bronx, NY 10466; Lic. No. 001891; Cal. No. 22359; Application to surrender license granted.  Summary: Licensee did not contest the charge of failing to ambu-bag a ventilator-dependent patient prior to leaving the patient in the care of nursing assistants.

 

Social Work

 

          Bernell Ming; Licensed Master Social Worker; 294 Putnam Avenue, Brooklyn, NY 11216; Lic. No. 046132; Cal. No. 21227; Found guilty of professional misconduct; Penalty: Revocation, $10,000 fine.

 

 

II. OTHER REGENTS DISCIPLINARY ACTIONS

 

Chiropractic

 

          Semyon Libenzon; 1969 West 5th Street, Brooklyn, NY 11223; Lic. No. 010136; Cal. No. 22493; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $2,500 fine.

 

Dentistry

 

          Gabriel Dante Ariola a/k/a Dr. Gabe; Dentist; 8641  19th Avenue, Brooklyn, NY 11214; Lic. No. 035610; Cal. No. 21555; Found guilty of professional misconduct; Penalty: 5 year suspension, execution of last 4½ years of suspension stayed, probation for last 4½ years.

 

          Robert Winegarden; Dentist; 401 East 34th Street, New York, NY  10016; Lic. No. 030351; Cal. No. 21998; Application for consent order granted; Penalty agreed upon: Revocation stayed, 3 years probation, $10,000 fine.

 

Nursing

 

          Karine Antoine; Licensed Practical Nurse; 511 Benine Road, Westbury, NY 11590; Lic. No. 223561; Cal. No. 19201; Application for consent order granted; Penalty agreed upon: 3 month actual suspension, 21 month stayed suspension, 2 years probation.

 

          Elizabeth Anne Wawrzyniak; Registered Professional Nurse; 72 Oakbrook Drive, West Seneca, NY 14224; Lic. No. 479911; Cal. No. 21928; Found guilty of professional misconduct; Penalty: 3 year suspension, execution of suspension stayed, probation 3 years.

 

          Sharon Lee Levandowski; Licensed Practical Nurse; 35 Snow Street, Hoosick Falls, NY 12090-1332; Lic. No. 091102; Cal. No. 22342; Application for consent order granted; Penalty agreed upon: Indefinite actual suspension until fit to practice – upon return to practice, 2 years probation, $250 fine.

 

          Rosemarie Pagsanjan Roxas; Licensed Practical Nurse, Registered Professional Nurse; 397  4th Avenue, Brooklyn, NY 11215; Lic. Nos. 195678, 409338; Cal. Nos. 22370, 22371; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $500 fine.

 

          Tammy L. Marvin; Licensed Practical Nurse; 99 Park Avenue, Canandaigua, NY 14424; Lic. No. 271251; Cal. No. 22382; Application for consent order granted; Penalty agreed upon: Indefinite actual suspension for no less than 2 years and until fit to practice – upon return to practice, 2 years probation, $250 fine.

 

          Wendy Rose Gabriel; Registered Professional Nurse; 3014 J Road, Gillette, WY 82716; Lic. No. 479640; Cal. No. 22397; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $500 fine.

 

          Maria Brown; Registered Professional Nurse; 27 Andrea Drive, Setauket, NY 11733-1923; Lic. No. 176595; Cal. No. 22414; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation.

 

          Antoinette Marie Murray; Licensed Practical Nurse; 125 Soundview Avenue, Bridgeport, CT 06606; Lic. No. 267247; Cal. No. 22431; Application for consent order granted; Penalty agreed upon: 3 month actual suspension, 9 month stayed suspension, probation 1 year if and when return to practice, $250 fine.

 

          Deirdre Ryan Clancy; Licensed Practical Nurse; 38 Kings Street, Kings Park, NY 11754; Lic. No. 273981; Cal. No. 22476; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $250 fine.

 

          Carlos Valle; Registered Professional Nurse; 4455 Driving Range Road, Corona, CA 92883; Lic. No. 235157; Cal. No. 22486; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation to commence upon return to practice in New York State.

 

          Donna M. Lanieri; Registered Professional Nurse; 3470 Flamingo Lane, Mulberry, FL 33860; Lic. No. 287674; Cal. No. 22495; Application for consent order granted; Penalty agreed upon: Indefinite actual suspension for no less than 12 months and until fit to practice - upon return to practice in New York State, 2 years probation, $500 fine.

 


          Dionne Palmarie Heath; Licensed Practical Nurse; 258 Woodworth Avenue, Yonkers, NY 10701; Lic. No. 265301; Cal. No. 22498; Application for consent order granted; Penalty agreed upon: 1 month actual suspension, 23 month stayed suspension, 2 years probation, $1,000 fine.

 

Pharmacy

 

          Hugh D. Bryan; 1 Route 236, Clifton Park, NY 12065; Lic. No. 026948; Cal. No. 21772; Application for consent order granted; Penalty agreed upon: 1 month actual suspension, 23 month stayed suspension, 2 years probation to commence upon return to practice, $5,000 fine.

 

          Scott Martin Stanislaw; 12360 NW 77th Manor, Parkland, FL 33076; Lic. No. 035705; Cal. No. 21794; Found guilty of professional misconduct; Penalty: 3 year suspension, execution of last 2 years stayed, probation 1 year.

 

          Edward Joseph Yablecki; 2314 Scenic Hill, Spring Hill, FL 34606; Lic. No. 041519; Cal. No. 22423; Application for consent order granted; Penalty agreed upon: Indefinite actual suspension for no less than 12 months and until fit to practice - upon return to practice in New York State, 2 years probation, $500 fine.

 

Physical Therapy

 

          Brenda Sue Korabek; Physical Therapist Assistant; 9427 Clipnock Road, Stafford, NY 14143; 3329 MacKenzie Bay Lane, Virginia Beach, VA 23453; Cert. No. 001931; Cal. No. 22427; Application for consent order granted; Penalty agreed upon: Indefinite actual suspension of certificate until fit to practice – upon return to practice in New York State, 2 years probation.

 

Public Accountancy

 

          Robert Friemann; Certified Public Accountant; 194 East Shore Road, Huntington Bay, NY 11743; Lic. No. 031423; Cal. No. 22460; Application for consent order granted; Penalty agreed upon: 3 month actual suspension, 21 month stayed suspension, 2 years probation, $5,000 fine.

 

 

III. RESTORATION

 

          The Board of Regents voted on February 14, 2006 to deny the petition for restoration of the registered professional nurse license of Ina Martin, 40 Weberfield Avenue, Freeport, NY 11520.  Ms. Martin’s license was originally revoked effective April 29, 1996.