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April2003/0403bra2.htm

 

SUMMARY OF THE MARCH MEETING

 

OF THE BOARD OF REGENTS

 

 

OF

 

 

THE UNIVERSITY OF THE STATE OF NEW YORK

 

 

 

Held at the State Education Building

Albany, New York

 

 

March 24 and 25, 2003

 

 

David Johnson, Secretary

Board of Regents

 

 

 

THE BOARD OF REGENTS

 

The Board of Regents of The University of the State of New York held an executive session on Tuesday, March 25, 7:55 a.m. and held two public sessions on Monday, March 24, 8:45 a.m. and Tuesday, March 25, 10:00 a.m.

 

 

MEETING OF THE FULL BOARD, Monday, March 24

 

 

Board Members in Attendance:

 

 

Robert M. Bennett, Chancellor

Adelaide L. Sanford, Vice Chancellor

Diane McGivern

Saul B. Cohen

Robert M. Johnson

Anthony S. Bottar

Merryl H. Tisch

Geraldine D. Chapey

Arnold B. Gardner

Harry Phillips, 3rd

Joseph E. Bowman, Jr.

James R. Tallon, Jr.

 

Also present were the President of The University and Commissioner of Education, Richard P. Mills, the Counsel and Deputy Commissioner for Legal Affairs, Kathy A. Ahearn, and the Secretary, Board of Regents, David Johnson. Regents James C. Dawson, Lorraine Cortés-Vázquez, Judith O. Rubin and Milton L. Cofield were absent and excused.

 

Chancellor Bennett called the meeting to order at 8:45 a.m.

 

 

ACTION ITEMS

Executive Session Motion

 

MOVED, that the Board of Regents convene in Executive Session on Tuesday, March 25 at 7:55 a.m. for the purpose of discussing pending legal matters.

 

Motion by: Vice Chancellor Adelaide L. Sanford

Seconded by: Regent Saul B. Cohen

Action: Motion carried unanimously

 

 

Summary of the February 2003 Meeting

BR (A) 2

 

 

MOVED, that the Summary of the February 2003 Meeting of the Board of Regents of The University of the State of New York be approved.

 

 

Motion by:Regent Saul B. Cohen

Seconded by:Regent Anthony S. Bottar

Action:Motion carried unanimously

 

 

State Education Department February 2003 Fiscal Report

BR (A) 5

 

 

The Board received for review and action the February 2003 Fiscal Report. Entering the final month of the 2002-2003 State fiscal year, the Department has reviewed all expenditure and revenue projections in preparation for the close of the fiscal year. A Variance Report was included with the Report, identifying a minor adjustment made as a result of the review.

 

 

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

 

 

General Fund and Federal accounts are in structural balance.

 

MOVED, that the Board of Regents approve the February 2003 State Education Department Fiscal Report.

 

Motion by: Regent Robert M. Johnson

Seconded by:Regent Diane McGivern

Action:Motion carried unanimously

 

DISCUSSION ITEMS

Commissioner's Monthly Report

 

The Commissioner's written report focused on 15 subject areas: continuing communications on the Executive Budget proposal; adoption of the 24-month calendar; public television funding formula; financial stress in school districts; challenges and policy issues in the profession of pharmacy; Statewide Plan for Higher Education; progress of the Roosevelt UFSD; succession planning; annual report; school leadership; Teacher Education Accreditation Council (TEAC) regulations change; least restrictive environment; middle schools; report card on student achievement; and, 55-65 passing score for graduation.

 

 

Scientifically-Based Research and Its Implications for

Education Policy and Practice

BR (I) 1

 

 

Dr. Grover J. Whitehurst, Director of the Institute of Education Sciences, U.S. Department of Education, spoke before the Board on the topic of scientifically-based research and its implications for education policy and practice.

 

 

The presentation focused on evidence-based education (EBE), using the best available empirical evidence in making decisions about how to deliver education activities and programs. The goals of the US Department of Education in the implementation of EBE to meet the requirements of the No Child Left Behind Act of 2001 are: the Department will provide the tools, information, research, and training to support the development of evidence-based education; the practice of evidence-based education will become routine; education across the nation will be continually improved; and, wide variation in performance across schools and classrooms will be eliminated.

 

 

MEETING OF THE FULL BOARD, Tuesday, March 25

 

Board Members in Attendance:

 

Robert M. Bennett, Chancellor

Adelaide L. Sanford, Vice Chancellor

Diane McGivern

Saul B. Cohen

James C. Dawson

Robert M. Johnson

Anthony S. Bottar

Merryl H. Tisch

Geraldine D. Chapey

Harry Phillips, 3rd

Joseph E. Bowman, Jr.

James R. Tallon, Jr.

 

Also present were the President of The University and Commissioner of Education, Richard P. Mills, the 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, Judith O. Rubin and Milton L. Cofield were absent and excused.

 

Chancellor Bennett called the meeting to order at 10:00 a.m.

 

ACTION ITEMS

 

 

24-Month Calendar

BR (A) 3

 

 

Regent Robert M. Johnson, Chair of the Committee on Quality, presented a 24-month calendar of key policy decisions and reviews by the Board. The Committee reviewed the calendar, following its review by all Standing Committees in February, and requests its approval by the Board. Upon adoption, a continuous review of the overall calendar will be conducted by the Committee to reflect any changes in plans. In discussion, it was also agreed that the Committee will define the policy initiative in technology and place it on the calendar.

 

 

MOVED, that the 24-Month Calendar be approved as submitted.

 

Motion by: Regent Robert M. Johnson

Seconded by:Regent James C. Dawson

Action:Motion carried unanimously

 

 

Amendment of Part 179 of the Regulations of the Commissioner of Education -

Apportionment of Funds to Educational Broadcast Councils

BR (A) 4

 

 

The Board received for action a proposed amendment to Part 179 of the Regulations of the Commissioner of Education. The purpose of the proposed amendment is to: modify the methodology for determining how the annual appropriation for public television is apportioned among New York's nine funded public television stations; specify the reporting requirements to remain eligible to receive public funding; and, update language from "instructional" services to "educational telecommunications" services to reflect current trends and practices in public broadcasting in New York State.

 

 

MOVED, that Part 179 of the Regulations of the Commissioner of Education be amended as submitted, effective April 17, 2003.

 

 

Motion by:Regent Robert M. Johnson

Seconded by:Regent James C. Dawson

Action:Motion carried unanimously

 

 

Annual Report

BR (A) 6

 

 

The Board received for review and action the second annual report of the Board of Regents and State Education Department, "Education in New York State 2002." The annual report is organized around the strategic goals of the Board, highlighting selected accomplishments and describing important remaining challenges.

 

 

MOVED, that the Board approve the annual report of the Board of Regents and State Education Department, "Education in New York State 2002."

 

 

Motion by:Regent Joseph E. Bowman, Jr.

Seconded by:Regent James C. Dawson

Action:Motion carried unanimously

 

 

DISCUSSION ITEMS

 

 

Report on the Roosevelt Union Free School District

BR (D) 1

 

 

The Board received an oral presentation on the progress the Roosevelt Union Free School District has made since the State takeover, supplementing the written item. School Board President Edward McCormick, Superintendent Horace Williams and Middle-Senior High School Principal Sandra Hassan outlined significant accomplishments and concerns.

 

 

The District has developed a Five-Year Fiscal Stabilization Plan and a Five-Year Facilities Plan, both of which are centered on the Five-Year Education Plan that has been adopted. As examples of improvement, the climate in the District has improved with a decrease in the number of disciplinary incidents. Low-performing students have been identified for academic intervention and after-school Academic Intervention Services programs have been implemented. The district has significantly improved the physical environment in the Middle-Senior High School, painting, wiring for computer access, purchasing desks, textbooks and 200 computers. Strong collaborations have been developed through the County Executive and with area higher education institutions.

 

 

In discussion, Board members and the Commissioner raised concerns and comments: from Grade 7 to Grade 12 there is a 50% decline in enrollment; in Grade 7 there is a 15% decline in enrollment over 5 months; overall absentee rate in Grades 7-12 is excessively high; requested that the next scheduled presentation include information on music and art programs; and, a need to thoroughly document the effects and processes established by the District to accomplish improvement, providing a model that will be of value to the Department and local districts across the State.

 

 

INFORMATION ITEMS

 

 

Call to Teaching in New York City

BR (I) 2

 

 

The Department and the New York City Department of Education will convene on April 8 a series of activities in New York City around recruiting and retaining qualified, talented and motivated individuals to teach in New York City schools, particularly in low performing schools. Board members reviewed a detailed agenda of the activities in the daylong forum.

 

 

State Education Department Succession Planning

(Oral)

 

 

Board members received a powerpoint presentation on workforce and succession management planning in the State Education Department.

 

 

STANDING COMMITTEE REPORTS

 

 

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

 

 

Motion by:Regent Saul B. Cohen

Seconded by:Regent Diane McGivern

Action:Motion carried unanimously

 

 

REGENTS COMMITTEE ON VOCATIONAL AND EDUCATIONAL SERVICES

FOR INDIVIDUALS WITH DISABILITIES

 

 

Regent Merryl H. Tisch, Chair of the Committee on Vocational and Educational Services for Individuals with Disabilities, presented on behalf of the Committee the following written report.

 

 

Your Committee on Vocational and Educational Services for Individuals with Disabilities held its scheduled meeting on March 24, 2003. All members were present except Regents Chapey and Cofield, who were absent and excused. Chancellor Bennett and Commissioner Mills also attended.

 

 

ACTION ITEMS

  •  

     

  • Your Committee recommends that a new paragraph (11) be added to subdivision (b) of section 200.2 of the Regulations of the Commissioner; that paragraph (3) of subdivision (e) of section 200.4 of the Regulations of the Commissioner be repealed and that a new paragraph (3) of subdivision (e) of section 200.4 of the Regulations of the Commissioner be added; and that a new paragraph (6) be added to subdivision (e) of section 200.16, as submitted, effective April 17, 2003. (VESID (A) 1)

  • Your Committee recommends that subdivision (d) of section 247.1; subdivision (f) of section 247.2, section 247.3, and subdivision (b) of section 247.4, of the Regulations of the Commissioner of Education, be amended, as submitted, effective April 17, 2003. (VESID (A) 2)

 

MATTERS NOT REQUIRING BOARD ACTION

 

  • Your Committee discussed the placement of students with disabilities in the least restrictive environment, where they have the greatest access to their nondisabled peers and the general education curriculum. The Committee reviewed statewide trend data and discussed successful strategies and recommendations to ensure statewide accountability for serving students with disabilities in the least restrictive environment. In order to ensure continued progress in addressing least restrictive environment issues, the Committee agreed to: (1) set a maximum target for separate placements for all BOCES regions and New York City as one component of the next five-year special education space plans; (2) allocate IDEA discretionary funds to support least restrictive environment efforts; (3) review proposed changes to the Commissioner's Regulations to strengthen the special education space planning process; (4) and continue to use the special education quality assurance review process to help districts with poor placement data identify root causes for placement practices and develop strategies to address these issues. (VESID (D) 1.1

 

REGENTS COMMITTEE ON HIGHER AND PROFESSIONAL EDUCATION

 

 

Regent Saul B. Cohen, Chair of the Committee on Higher and Professional Education, presented on behalf of the Committee the following written report.

 

 

Your Committee on Higher and Professional Education held its scheduled meeting on March 25, 2003. All members were present, with the exception of Regent Cofield.

 

 

ACTION ITEMS

 

 

Your Committee recommends that the Regents approve the Report of the Committee on the Professions Regarding Licensing Petitions. [HP (CA) 4]

 

 

Your Committee recommends that the Regents approve an application for the dissolution of the absolute charter of The Trustees of the Teachers Home and that its assets be distributed to the Mary Muldoon Fund (2/3) and to the New York State Retired Teachers� Association (1/3). [BR (A) 1]

 

 

Your Committee recommends that the Regents authorize the University of Pennsylvania, Philadelphia, Pennsylvania, effective March 25, 2003, to use clinical agencies in New York State for clinical education of students in its Bachelor of Science in Nursing (B.S.N.) program, during a period beginning immediately and ending May 31, 2007. [HP (CA) 3]

 

Appointments and Reappointment of Members to the State Boards for the Professions

Your Committee recommends that the Regents approve the following appointments and reappointment:

 

 

State Board for Veterinary Medicine - appoint Thomas Frank Nytch (Owego) and Helen Tuzio (Rego Park) each for a term beginning April 1, 2003 and ending March 31, 2008, and reappoint Francis A. Kallfelz (Ithaca) for a term beginning May 1, 2003 and ending April 30, 2008. [HP (CA) 2]

 

 

Master Plan Amendments

Your Committee recommends that the Regents approve an amendment to the master plan of Houghton College, Houghton, effective March 25, 2003 authorizing the College to offer its first baccalaureate degree in the discipline of health professions. The program to be offered is an athletic training program leading to the Bachelor of Science (B.S.) degree. This amendment will be effective until March 31, 2004, unless the Department registers the program prior to that date, in which case the master plan amendment shall be without term. [HP (CA) 1]

 

 

Your Committee recommends that the Regents approve an amendment to the master plan of the State University of New York, effective March 25, 2003, authorizing State University College of Technology at Farmingdale to offer a Bachelor of Science (B.S.) degree in Bioscience. This approval will be effective only until March 31, 2004 unless the Department registers one or more programs leading to the degree indicated, in which case master plan amendment shall be without term. [HP (CA) 5]

 

 

Meeting Highlights

 

 

Consent Agenda � All items approved.

 

Action Agenda � None scheduled for this meeting.


 


 

Discussion "Statewide Plan for Higher Education � Next Steps [HP (D) 5]":

 

Based upon last month�s HPE Committee review of the Proposed Statewide Plan for Higher Education and comments from the Commissioner�s Advisory Council on Higher Education, we revised the draft statement of the Characteristics of a Highly Effective Higher Education System. Based on the Committee�s feedback and priorities for higher education, we also drafted priorities for consideration. The following draft items, which will form the core of the call bulletin for master plans during the 2004-2012 period, were presented:

  1. Characteristics of a Highly Effective Higher Education System (revised)

  2. Draft Regents Priorities for Higher Education (new)

  3. College and University Enrollment Projections (new)

 

"Regulations Relating to the Residency Option Pathway for Dental Licensure [HP (D) 3]: Consistent with a new law, this item is intended to establish regulatory requirements for this pathway, which would permit a candidate to substitute successful completion of an acceptable dental residency program for the clinical part of the licensure examination in dentistry.

 

 

"Dental Hygiene Restricted Local Infiltration Anesthesia/Nitrous Oxide: Proposed Amendment [HP (D) 4]":

 

 

The purpose of the proposed item is to establish procedures, education and training requirements for licensed dental hygienists to be certified to administer and monitor local infiltration anesthesia and nitrous oxide analgesia in the practice of dental hygiene. This would be done under the personal supervision of a licensed dentist and requirements that college programs must meet to be registered by the State Education Department as leading to certification in the field.

 

 

"Extending Accreditation Deadline for Teacher Education [HP (D) 1]": As previously discussed with the Board of Regents, this is the formal draft of regulations that would modify the date by which registered programs for the preparation of classroom teachers must achieve accreditation. Programs need this additional time because two out of the three accrediting bodies options that could be selected for this purpose were not available until 2002. TEAC, the third option, is still under review for approval by the U.S. Department of Education. To ensure that momentum continues (numerous education programs are already well on their way to formal accreditation) we discussed with the Regents a modification that will require the self-study to be completed by the original deadline of 2004. The deadline to have the accreditation completed would be December 31, 2006.

 

 

"School Leadership: Update [HP (D) 6]": A follow-up review of comments from the Leadership Forums and the adjustments to the preliminary draft regulations, based upon feedback from the field. A projection of next steps was also shared with the Regents, in a power point presentation.

 

MATTERS NOT REQUIRING BOARD ACTION

 

 

Proposed Amendment to the Regulations of the Commissioner of Education Relating to the Residency Option Pathway for Dental Licensure [HP (D) 3]

Proposed Amendment to the Regulations of the Commissioner of Education Relating to the Dental Hygiene Restricted Local Infiltration Anesthesia/Nitrous Oxide Analgesia Certificate [HP (D) 4]

 

 

Proposed Amendment to the Regulations of the Commissioner of Education Relating to Requirements for Teacher Education Programs [HP (D) 1]

 

Proposed Amendment to the Rules of the Board of Regents Relating to the Authorization of Degrees [HP (D) 2]

 

Recent Initiatives of the State Professional Standards and Practices Board for Teaching [HP (I) 1] (This item was deferred to the April 2003 Committee meeting.)

 

Revised Preliminary Draft Regulations on School Leadership [HP (D) 6]

Statewide Plan for Higher Education � Next Steps [HP (D) 5]

 

 

REGENTS COMMITTEE ON ELEMENTARY, MIDDLE, SECONDARY

AND CONTINUING EDUCATION

 

 

Regent Anthony S. Bottar, Chair of the Committee on Elementary, Middle, Secondary and Continuing Education, presented on behalf of the Committee the following written report.

 

Your Committee on Elementary, Middle, Secondary and Continuing Education held its scheduled meeting on March 24, 2003. Regents Cortés-Vázquez and Rubin were absent and excused.

 

ACTION ITEMS

 

 

Charter Applications

  • Your Committee recommends approval of the charter applications relating to elementary, middle, secondary and continuing education. [BR (A) 1]

 

Petition to Exceed Constitutional Debt Limit

  • Your Committee recommends that consent be given to the issuance of bonds and/or bond anticipation notes by the Board of Education of the Elmira City School District in an amount not to exceed $44,290,000 for the construction and the reconstruction of school district buildings and facilities, site work and acquisition and installation of furnishings, equipment and apparatus; other incidental improvements required in connection therewith for such construction and use; and the issuance of such bonds and/or bond anticipation notes in excess of the constitutional debt limit of the school district. [EMSC (CA) 1]

 

Revisions to Charter School Charters

  • Your Committee recommends that the proposed revisions to the charters of the following charter schools be approved: East Harlem Village Academy Charter School, East New York Village Academy Charter School, and Libertas Charter School. [EMSC (CA) 2]

 

A motion was approved by the Committee to remove from the consent agenda the proposed revision to the charter for the Riverhead Charter School. A motion to approve the Riverhead Charter School amendment was made, but was superceded by another motion to postpone action on the amendment to the Riverhead Charter School charter until the April Committee meeting. This motion was passed. Committee members asked for additional data on the impact of the proposed revision on surrounding school districts, including the minority composition of the districts and the charter school, and the impact 

of approvals of similar revisions to charters of other charter schools.

 

  • Your Committee recommends that the revision to the certificate of incorporation of the Libertas Charter School to reflect a change in its name to the Buffalo United Charter School be approved. [EMSC (CA) 2]

 

Charter School Applications

  • Your Committee recommends that the proposed charters for the following charter schools be approved and that such schools be incorporated by granting them provisional charters for a period of five years: Bronx Charter School for Better Learning, KIPP S.T.A.R. College Preparatory Charter School, KIPP Sankofa Charter School, and Enterprise Charter School. [EMSC (A) 1]

 

MATTERS NOT REQUIRING BOARD ACTION

Progress report on standards implementation, including an update on career and technical education activities [EMSC (D) 1]

 

Deputy Commissioner�s Report [EMSC (D) 2]

 

Report on helping school districts maintain good financial condition [EMSC (D) 3]

Report on school district budget deadlines [EMSC (D) 4]

 

 

In response to questions raised by Committee members, staff described the levels of intervention that would be taken when a district is determined to be in fiscal distress:

  • letter is sent to board of education describing the problem and asking for a corrective action plan, with the Department providing technical assistance;

  • the district superintendent is asked to provide oversight in developing and implementing a corrective action plan and to provide technical assistance;

  • a directive is sent from the Commissioner or Deputy Commissioner on actions the board of education must put in place; and

  • the Commissioner sends a warning to the board of education that it is at risk of being removed.

 

A suggestion was made to review requirements for the credentials of districts� chief fiscal officers, recognizing that the board of education retains the responsibility and accountability for a district�s finances.

 

Follow-up discussion on presentation of Dr. Grover (Russ) Whitehurst, Director of U.S. Department of Education�s Institute of Education Sciences [BR (I) 1]

 

The Committee discussed the implications for reading, math and best practices.

 

 

REGENTS COMMITTEE ON CULTURAL EDUCATION

 

Regent Robert M. Johnson, Chair of the Regents Committee on Cultural Education, presented on behalf of the Committee the following written report.

 

Your Committee on Cultural Education held its scheduled meeting on March 24, 2003 in Room 146, State Education Department. Everyone was present, except Regents Rubin and Cortés-Vázquez who were absent and excused.

 

ACTION ITEMS

 

 

Regent Johnson clarified the revised summary recommendation with respect to the charter amendment for the New Rochelle Public Library. This amendment changes the system of having the trustees appointed by the Board of Education to a system of having the trustees elected by the residents of the city school district of the City of New Rochelle.

 

 

Your Committee reviewed all the summary recommendations with respect to charter applications and recommended approval of those actions listed under Cultural Education.

 

 

Matters Not Requiring Action for the Board

 

 

Your Committee discussed Amendment of Sections 185.5 and 185.11 of the Regulations of the Commissioner of Education � Records Retention and Disposition Schedule MU-1. The purpose of the proposed amendment of sections 185.5 and 185.11 is to revise and update records retention and disposition schedules used by cities other than New York City, towns, villages and fire districts. This revision will assure consistency among various records and includes a schedule for electronic records' retention. The revision was prepared in consultation with the local governments involved, State agencies and the Local Government Records Advisory Council (LGRAC).

 

 

Regent Gardner brought up the question of availability of records relating to the Freedom of Information Law (FOIL). Discussion ensued regarding archival and SED records and FOIL. Regent Gardner will consult with Office of Counsel regarding follow up.

 

Your Committee will vote on Amendment of Sections 185.5 and 185.11 of the Regulations at the April committee meeting.

 

 

Your Committee summarized their legislative visits and other activities related to New Century Libraries and reinstatement of 2003-04 Executive Budget reductions proposed for Library and Public Broadcasting aid. Regent Bottar reminded members of the May 5 Syracuse meeting on the New Century Libraries legislative initiative.

 

 

REGENTS COMMITTEE ON PROFESSIONAL PRACTICE

 

 

Regent Diane McGivern, Chair of the Regents Committee on Professional Practice, presented on behalf of the Committee the following written report.

 

Your Committee on Professional Practice held its scheduled meeting on March 24, 2003. All Committee Members were present except Regent Milton L. Cofield, who was excused. Regent James C. Dawson was present and voted on the matter of Arthur Anderson, LLP, Cal. 20633, and on all consent order and surrender applications.

 

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 9 cases, and modified in 1 case, as discussed below. In addition, your Committee recommends, upon the recommendation of the Committee on the Professions, that 61 consent order applications and 16 surrender applications be granted.

In the Matter of Arthur Anderson, LLP, a public accountancy partnership, Calendar No. 20633, having recognized that the precedent of the prior Board of Regents determination in Matter of Fox and Company, a public accountancy partnership, Calendar No. 9320, was decided prior to the enactment of Article 8-B of the Partnership Law in 1994, and having distinguished the instant case from Matter of Fox and Company, because Arthur Anderson, LLP is a foreign registered limited liability partnership subject to section 121-1502 of the Partnership Law, the Professional Practice Committee concludes that the Board of Regents has authority to take disciplinary action under Education Law section 6509 against Arthur Anderson, LLP, a foreign registered limited liability partnership, by virtue of Partnership Law section 121-1502(n), even though the charge does not fall within Education Law section 7408, and, therefore, recommends that the Board of Regents accept the findings of fact of the Regents Review Committee and not accept its determination as to guilt and recommendation as to the penalty to be imposed, and that the Board of Regents determine that Arthur Anderson, LLP is guilty of violating Education Law section 6509(5)(a)(ii), as charged by petitioner, and that the registration of Arthur Anderson, LLP as a public accountancy partnership in the State of New York be revoked upon the aforesaid charge of which we recommend Arthur Anderson, LLP be found guilty.

 

 

These recommendations are made following the review of 87 cases involving 15 licensed practical nurses, 15 registered professional nurses, nine dentists, eight licensed practical nurses who are also registered professional nurses, six pharmacists, four certified public accountants, four certified social workers, four pharmacies, three architects, three chiropractors, one midwife, one ophthalmic dispenser, one physical therapist, one physical therapist assistant, one podiatrist, one professional engineer, one public accountancy partnership, and one veterinarian.

 

Approvals

Voted, that Lynn Roughley Young (Saratoga Springs) be appointed as an extended member of the State Board for Physical Therapy for service on licensure discipline, licensure restoration, and moral character hearing panels; and that Christine Huff Fewell (Hastings-on-Hudson) be appointed as an extended member of the State Board for Social Work. (PPC A 1)

 

 

MATTERS NOT REQUIRING BOARD ACTION

 

 

Your Committee discussed several topics of interest, including:

  • The Profession of Pharmacy - Challenges and Opportunities (PPC D 1)

  • The report focused on the current state of the profession. Topics included the educational curricula of the colleges of pharmacy, SED audits of compliance with continuing education requirements, medication errors, technology applications, patient education, and measures to ensure the safety of prescription drugs despite the shortage of pharmacists. Concerns related to shipment into New York State of foreign-made drugs were also discussed. The report also suggested next steps, including proposals addressing continuing competence, patient counseling, centralized prescriptions and more.

  • Memorandum of Understanding between Office of Mental Retardation and Developmental Disabilities and the State Education Department, and Administrative Memorandum #2003-01, i.e., Registered Nursing Supervision of Unlicensed Direct Care Staff in Residential Facilities Certified by the Office of Mental Retardation and Developmental Disabilities (PPC D 2)

  • This agreement between both agencies reflects joint efforts to clarify the existing degree of supervision and to set out appropriate standards to ensure quality care for patients in OMRDD-operated or certified residential facilities.

 

REGENTS COMMITTEE ON QUALITY

 

 

Regent Robert M. Johnson, Chair of the Committee on Quality, presented on behalf of the Committee the following written report.

 

 

Your Committee on Quality did not hold its scheduled meeting on March 24, 2003. While Regent Johnson, Vice Chancellor Sanford, and Regent Tisch were present, there was not a quorum. The Regents in attendance, along with Chancellor Bennett, Regents Gardner and Phillips and Commissioner Mills met informally to discuss two items.

 

 

DISCUSSION ITEMS

 

 

Review of the 24-Month Calendar

 

 

The participating Regents reviewed the 24-month calendar and discussed the merits of having an agreed-upon process for amending the document should the need arise. It is the sense of those present that the full Board should proceed with the approval of the calendar�s content, while directing staff to propose a process for entertaining future amendments.

 

 

Review of Annual Report

 

 

The Regents in attendance reviewed the proposed annual report for 2002. It is the sense of these members that the full Board approve the document for publication on the Department�s website.

 

 

REGENTS SUBCOMMITTEE ON AUDITS

 


Your Subcommittee on Audits held its scheduled meeting on March 24, 2003. All members were present, with the exception of Regent Harry Phillips, 3rd and Regent Judith O. Rubin.

 

 

The Chair opened the meeting by reminding the members of their responsibility as described by Regents Goal Number 5. She also mentioned the increasing importance of the auditing function and the increased visibility of the work of the Subcommittee.

 

 

The Subcommittee recognized the contribution of Rose Johnson, who will be leaving the Office of Audit Services to join the VESID management team. It was pointed out that the Office of Audit Services is losing staff as a result of reassignment opportunities and normal attrition. Currently the staff level is down 13 people from the 31 approved positions.

 

 

Review of Minutes

 

The Subcommittee approved the prior meeting minutes.

 

Audit Report Abstracts

 

Staff from the Office of Audit Services presented two audit reports.

  • Monroe 2-Orleans BOCES

  • Hebrew Academy for Special Children, Inc. Preschool Program

 

The members of the Subcommittee asked a few questions, which focused on the severity of the audit findings. Staff responded that the findings contained in the two reports were relatively minor and not indicative of serious management failures.

 

Communicating Information to the Full Board of Regents

 

The Chair advised the members of the Subcommittee that last month she reported to the Full Board on the activities of the Subcommittee. She told the Full Board of the contributions of the Subcommittee on the issuance of such documents as the Statement on the Governance Role of a Trustee or Board Member and the Indicators of Fiscal Stress.

 

At this time, she asked for input from the other members on how to connect with other committees and subcommittees of the Board. In other words, how to become more effective in reaching those who can benefit from the information. Communication may be to the Full Board or to the many external groups that make up the University of the State of New York.

 

 

Concern with fiscal viability of other member of USNY was discussed. The discussion that followed generated the following suggestions:

  • Since the work of the Subcommittee affects the other committees, it was suggested that periodic meetings of all of the committees be scheduled, or that representatives of each of the deputies attend the Subcommittee meeting.

  • The methodology for monitoring school districts under fiscal stress should be shared with the higher education community in order to improve education management programs. It was suggested that the best way to accomplish such an action is to bring it the Regents Committee on Higher and Professional Education.

 

Commissioner Mills stated that the contribution of the Subcommittee has been extraordinary and cautioned members against trying to individually solve all of the issues brought to them.

 

School Districts in Financial Stress

Staff provided a handout showing data on 16 schools that are in fiscal stress. Ten schools are on the list for the second time, six were removed from the list, and six new districts were added. It was also mentioned that there were other districts that exhibit some negative fiscal data, although not as severe as those on the list, and they will also be sent letters advising them of our concerns.

 

The Commissioner challenged the members of the Subcommittee to consider policy actions that will prevent school districts from getting in financial difficulties.

 

 

 

APPENDIX I

NEW YORK STATE BOARD OF REGENTS

CHARTER ACTIONS

MARCH 24, 2003

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

Voted, that the absolute charter in the first instance of the New Rochelle Public Library, located in New Rochelle, county of Westchester, state of New York and serving the City School District of the City of New Rochelle, which was granted by action of the Board of Regents on July 5, 1894; which absolute charter was amended by Regents action on August 20, 1980 be, and the same hereby is, amended to change the system of having the trustees appointed by the Board of Education to a system of having the trustees elected by the residents of the City School District of the City of New Rochelle on an at-large basis, with the term of the election of the trustees to be staggered to conform with the year in which the five year terms of the seven current trustees expire, as follows: 2 seats in 2003, 2 seats in 2004, 1 seat in 2005, 1 seat in 2006 and 1 seat in 2007.

PARKWAY VILLAGE HISTORICAL SOCIETY

Voted, that

1. A provisional charter valid for a term of five years is granted incorporating Judith Guttman, Judy Shack, Patricia Sherwood, Yashoda Dilwali, Maria Lagano and their associates and successors as an education corporation under the corporate name of Parkway Village Historical Society, located in Kew Gardens Hills, county of Queens and state of New York.

2. The purposes for which such corporation is formed are

a. To promote and encourage original historical research;

b. To disseminate and encourage a greater knowledge of the history of the State of New York and particularly Parkway Village and its environs;

c. To gather, preserve, display and make available for study artifacts, relics, books, manuscripts, papers, photographs, and other records and materials relating to the history of the State of New York and particularly of Parkway Village and its environs;

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

e. To acquire by purchase, gift, devise or otherwise the title to or the custody and control of archival materials pertaining to the history of Parkway Village and to preserve and maintain such materials.

  1. 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:

Judith Guttman

147-51 Charter Road

#23 A

Kew Gardens Hills, New York 11435

 

 

Judy Shack

147-64 Village Road

#90 GB

Kew Gardens Hills, New York 11435

 

 

Patricia Sherwood

147-60 Charter Road

#40 C

Kew Gardens Hills, New York 11435

 

 

Yashoda Dilwali

150-67 Village Road

#57 D

Kew Gardens Hills, New York 11432

 

Maria Lagano, Editor-in-Chief

The Parkway Villager

150-46 Village Road

#99A

Kew Gardens Hills, New York 11432

 

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 mailing address of the corporation shall be c/o Judith Guttman, President, Parkway Village Historical Society, 147-51 Charter Road, Suite 23A, Kew Gardens Hills, New York 11435.

 

 

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

 

 

11. Such provisional charter will be made absolute if, within 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.

 

 

WALTER ELWOOD MUSEUM OF THE MOHAWK VALLEY

Voted, that

1. A provisional charter valid for a term of five years is granted incorporating Mary Ann Tomlinson, Doris M. Schafer, Mary Margaret Gage, Jules Constantine, Joel Chapin, Kathy Eglin, Alex Fabozzi, Lionel Fallows, Thomas Foster, Grace Frederes, Gary Greco, Jean Karutis, Betsy Martin, Barbara Mateunas, Colleen Medwid, Barbara Neznek, Kathy Peluso, Fred Quist and their associates and successors as an education corporation under the corporate name of Walter Elwood Museum of the Mohawk Valley, located in Amsterdam, county of Montgomery and state of New York.

 

 

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

a. To collect by purchase, gift, or otherwise acquire title to and preserve artifacts pertaining to the history of Amsterdam, New York, the Mohawk Valley and the surrounding areas;

b. To explore and interpret this community�s natural and human past and its connection to the present, through exhibits, publications, programs and other methods;

c. To increase awareness and understanding of history and visual arts, and the importance they play in the educational development of young people, in building cross-cultural appreciation, and enriching the quality of life for all people.

d. To initiate relationships with special interest groups within our community in order to further specific collections, properties, and interests;

e. To serve as a cultural center for Amsterdam, New York and the Mohawk Valley, offering interactive learning environments, educational classes and community outreach and special events; and

f. To work closely and in cooperation with the Greater Amsterdam School District providing programs for students.

 

 

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:

Mary Ann Tomlinson

8 Beacon Avenue

Amsterdam, New York 12010

 

 

Doris M. Schafer

P.O. Box 7

Tribes Hill, New York 12010

 

 

Mary Margaret Gage

35 Philips Street

Amsterdam, New York 12010

 

 

Jules Constantine

292 Locust Avenue

Amsterdam, New York 12010

 

Joel Chapin

107 Mill Point Road

Amsterdam, New York 12010

 

Kathy Eglin

7341 County Highway 109

Broadalbin, New York 12025

 

Alex Fabozzi

143 Stewart Street

Amsterdam, New York 12010

 

Lionel Fallows

113 Stewart Street

Amsterdam, New York 12010

 

Thomas Foster

446 Beldons Road

Amsterdam, New York 12010

 

Grace Frederes

231 Clizbe Avenue

Amsterdam, New York 12010

 

Gary Greco

523 Harvard Court

Amsterdam, New York 12010

 

Jean Karutis

100 Frances Street

Amsterdam, New York 12010

 

Betsy Martin

104 Henrietta Boulevard

Amsterdam, New York 12010

 

Barbara Mateunas

5 Woodward Road

Amsterdam, New York 12010

 

Colleen Medwid

34 Van Dyke Avenue

Amsterdam, New York 12010

 

Barbara Neznek

6907 State Highway 30

Amsterdam, New York 12010

 

Kathy Peluso

284 Guy Park Avenue

Amsterdam, New York 12010

 

Fred Quist

145 Quist Hollow Road

Fort Johnson, New York 12070

 

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 300 Guy Park Avenue, Amsterdam, New York 12010.

 

 

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.

 

 

HOBART HISTORICAL SOCIETY. An application having been made by and on behalf of the trustees of Hobart Historical Society, for its provisional charter to be extended, it was

Voted, that the provisional charter of the Hobart Historical Society, located in Hobart, county of Delaware, state of New York, which was granted by action of the Board of Regents on September 19, 1997 be, and the same hereby is, extended until March 25, 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 March 25, 2008 and upon notice by the Regents, such provisional charter shall terminate and become void and shall be surrendered to the Regents.

 

NATIONAL SOCCER HALL OF FAME AT ONEONTA, NEW YORK. An application having been made by and on behalf of the trustees of National Soccer Hall of Fame at Oneonta, New York, for its provisional charter to be extended, it was

Voted, that the provisional charter of the National Soccer Hall of Fame at Oneonta, New York, located in Oneonta, county of Otsego, state of New York, which was granted by action of the Board of Regents on September 25, 1981; which provisional charter was extended by Regents action on July 23, 1985, May 25, 1990 and March 13, 1996; which extended charter was amended by Regents action on July 18, 2002 be, and the same hereby is, extended until March 25, 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 March 25, 2008 and upon notice by the Regents, such provisional charter shall terminate and become void and shall be surrendered to the Regents.

 

THE OLANA PARTNERSHIP. An application having been made by and on behalf of the trustees of The Olana Partnership for its provisional charter to be extended, it was

Voted, that the provisional charter of The Olana Partnership, located in Greenport, county of Columbia, state of New York, which was granted by action of the Board of Regents on December 15, 2000 be, and the same hereby is, extended until March 25, 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 March 25, 2008 and upon notice by the Regents, such provisional charter shall terminate and become void and shall be surrendered to the Regents.

 

PARISH TOWN HISTORICAL SOCIETY. An application having been made by and on behalf of the trustees of Parish Town Historical Society for its provisional charter to be extended, it was

Voted, that the provisional charter of Parish Town Historical Society, located in Parish, county of Oswego, state of New York, which was granted by action of the Board of Regents on September 19, 1997 be, and the same hereby is, extended until March 25, 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 March 25, 2008 and upon notice by the Regents, such provisional charter shall terminate and become void and shall be surrendered to the Regents.

 

CONSOLIDATION OF WALTER ELWOOD MUSEUM OF THE MOHAWK VALLEY and MOHAWK VALLEY HERITAGE ASSOCIATION, INC.

Walter Elwood Museum of the Mohawk Valley, located in the city of Amsterdam, county of Montgomery, and state of New York, has petitioned the Board of Regents for the issuance of a provisional charter.

 

 

Mohawk Valley Heritage Association, Inc., located in city of Amsterdam, county of Montgomery, state of New York, was incorporated pursuant to �402 of the Not-For-Profit Corporation Law (NPCL) on April 8, 1981 with a waiver of consent from the Commissioner of Education.

 

 

The board of trustees of Walter Elwood Museum of the Mohawk Valley and the board of directors of Mohawk Valley Heritage Association, Inc. have petitioned the Board of Regents, pursuant to Education Law �223, for an order consolidating the said corporations under one name, to wit, Walter Elwood Museum of the Mohawk Valley, in accordance with an agreement and plan 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, Walter Elwood Museum of the Mohawk Valley and Mohawk Valley Heritage Association be, and hereby are, consolidated under the name Walter Elwood Museum of the Mohawk Valley, in accordance with the terms and conditions of the aforesaid agreement and plan of consolidation, and except as may otherwise be prescribed herein.

 

 

2. The principle office of the consolidated corporation will be located at 300 Guy Park Avenue, Amsterdam, New York 12010.

 

 

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:

a. To collect by purchase, gift, or otherwise acquire title to and preserve artifacts pertaining to the history of Amsterdam, New York, the Mohawk Valley and the surrounding areas;

b. To explore and interpret this community�s natural and human past and its connection to the present, through exhibits, publications, programs and other methods;

c. To increase awareness and understanding of history and visual arts, and the importance they play in the educational development of young people, in building cross-cultural appreciation, and enriching the quality of life for all people.

d. To initiate relationships with special interest groups within the community in order to further specific collections, properties, and interests;

e. To serve as a cultural center for Amsterdam, New York and the Mohawk Valley, offering interactive learning environments, educational classes and community outreach and special events; and

f. To work closely and in cooperation with the Greater Amsterdam School District providing programs for students.

 

 

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. Mary Ann Tomlinson, Doris M. Schafer, Mary Margaret Gage, Jules Constantine, Joel Chapin, Kathy Eglin, Alex Fabozzi, Lionel Fallows, Thomas Foster, Grace Frederes, Gary Greco, Jean Karutis, Betsy Martin, Barbara Mateunas, Colleen Medwid, Barbara Neznek, Kathy Peluso, and Fred Quist 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.

 

 

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 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.

 

 

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.

  1.  

     

  2. The consolidation herein shall take effect immediately.

 

12. The consolidated corporation will operate under the provisional charter of Walter Elwood Museum of the Mohawk Valley.

 

FLATBUSH HISTORICAL SOCIETY. An application having been made by and on behalf of the trustees of the Flatbush Historical Society, for its charter to be dissolved, and for approval of the distribution of its remaining corporate assets to The Brooklyn Historical Society and it appearing from the petition that all taxes payable by the corporation have been paid, it was

Voted, that the provisional charter of Flatbush Historical Society, located in Brooklyn, county of Kings, state of New York, which was granted by action of the Board of Regents on September 24, 1976 to promote, foster, and encourage in the Flatbush Community, an appreciation of and public knowledge of past history of Flatbush and its environs; which provisional charter was made absolute by Regents action on November 15, 1979 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 Brooklyn Historical Society, a not-for-profit corporation incorporated under the Department of State on April 10, 1863 under the corporate name �The Long Island Historical Society," be, and the same hereby is, approved.

 

MANETTO BROOK MASONIC HISTORICAL SOCIETY. An application having been made by and on behalf of the trustees of the Manetto Brook Masonic Historical Society, for its charter to be dissolved, and it appearing from the petition that all taxes payable by the corporation have been paid, it was

Voted, that the provisional charter of Manetto Brook Masonic Historical Society, located in Hicksville, county of Nassau, state of New York, which was granted by action of the Board of Regents on November 8, 1996 to promote and encourage an appreciation of and public knowledge of the history of Hicksville, Long Island be, and the same hereby is, dissolved.

 

 

NEW YORK STATE MILITARY HERITAGE MUSEUM. An application having been made by and on behalf of the trustees of the New York State Military Heritage Museum that its provisional charter be amended and restated and, as so amended and restated, be replaced by a certificate of incorporation, it was

Voted, That the provisional charter of the New York State Military Heritage Museum, located in the city and county of Albany, state of New York, which was granted by the Board of Regents on June 21, 1991; which provisional charter was extended by Regents action on June 12, 1997 be, and the same hereby is, amended to change the corporate name to "The New York State Military Heritage Institute," and to restate the corporate purposes to read:

a.To support and assist The Adjutant General of the State of New York in his responsibilities under Section 24 of the Military Law of the State for the care, preservation and interpretation of the Military History Collection of the State of New York;

b.To promote and encourage the continued development of the New York State Military Museum and Veterans Research Center;

c.To perform such functions as are consistent with these purposes including but not limited to maintaining a membership program and providing educational services including a newsletter, publications, public programs, tours and historical commemorations to its members and to the general public;

d.To establish a development program including but not limited to sponsorship of fund raising events, the operation of a museum gift and book shop and to encourage, stimulate and solicit private funds in order to augment and strengthen the Museum's research, collection, exhibition, educational and public relations programs; and that such provisional charter, as so amended and restated, be and the same hereby is replaced by a certificate of incorporation.

 

SACKETS HARBOR BATTLEFIELD ALLIANCE

Voted, that

1. A certificate of incorporation is granted incorporating John W. Deans, Jan W. Maas, G. Hale Smith, David W. Altieri, Suzanne C. Tingley and their associates and successors as an education corporation under the corporate name of Sackets Harbor Battlefield Alliance, located in Sackets Harbor, county of Jefferson, state of New York.

 

 

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

  1. To support the improvement and development of the Sackets Harbor Battlefield State Historic Site, administered by the New York Office of Parks, Recreation and Historic Preservation;

  2. To support educational programs, services, and activities in keeping with the nature of the site and beyond the normal scope of site activities, for its members and the public at large. Such programs, services and activities shall, whenever appropriate, be extended to include interpretation of the relationship between the site and the Lake Ontario region, particularly the Eastern Shore and the Village of Sackets Harbor;

  3. To assist in fund raising activities, the purchase of objects and records, equipment and supplies for the benefit of the site; and

  4. To otherwise promote, conserve, develop and interpret the Sackets Harbor Battlefield State Historic Site for the benefit of its constituents and posterity.

 

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:

 

John W. Deans

Box 75

120 N. Broad Street

Sackets Harbor, New York 13685

 

 

Jan W. Maas

Box 436

113 N. Broad Street

Sackets Harbor, New York 13685

 

 

G. Hale Smith

Box 77

310 General Smith Drive

Sackets Harbor, New York 13685

 

 

David W. Altieri

Box 106

362 Dodge Avenue

Sackets Harbor, New York 13685

 

 

Suzanne C. Tingley

25570 Rich Road

Watertown, New York 13601

 

5. The corporation hereby created shall be a nonstock corporation organized and operated exclusively for educational purposes, and no part of its earnings or net income shall inure to the benefit of any individual; and no officer, member, or employee of the corporation shall receive or be entitled to receive any pecuniary profit from the operations thereof, except reasonable compensation for services.

 

 

6. Notwithstanding any other provision of these articles the corporation shall not carry on any other activities not permitted to be carried on (a) by a corporation exempt from Federal income tax under section 501(c)(3) of the Internal Revenue Code of 1986 (or the corresponding provision of any future United States Internal Revenue Law) or (b) by a corporation, contributions to which are deductible under section 170(c)(2) of the Internal Revenue Code of 1986 (or the corresponding provision of any future United States Internal Revenue Law).

 

 

7. No substantial part of the activities of the corporation shall be devoted to carrying on propaganda, or otherwise attempting to influence legislation (except to the extent authorized by Internal Revenue Code section 501(h) as amended, or the corresponding provision of any future United States Internal Revenue Law, during any fiscal year or years in which the corporation has chosen to utilize the benefits authorized by the statutory provision), and the corporation shall not participate in or intervene (including the publishing or distribution of statements) in any political campaign on behalf of 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 mailing address of the corporation shall be located at Box 27, Sackets Harbor, New York 13685.

 

 

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.

 

THREAD WAXING SPACE. An application having been made by and on behalf of the trustees of Thread Waxing Space, for an amendment of its certificate of incorporation, it was

Voted, that the certificate of incorporation of Thread Waxing Space, located in the city, county, and state of New York, which was granted by action of the Board of Regents on July 24, 1992 be, and the same hereby is, amended to change the corporate name to "Foundation 20 21."

 

 

CATHEDRAL NURSERY SCHOOL � AN EPISCOPAL MINISTRY

Voted, that

1. A provisional charter valid for a term of three years is granted incorporating Diane Cina, Christine Scott, Monica Schoelle, Cathy Sammon, Mary Alice Greiner and their associates and successors as an education corporation under the corporate name of Cathedral Nursery School � An Episcopal Ministry, located in Garden City, county of Nassau and state of New York.

2. The purposes for which such corporation is formed are to operate a nursery school for pre-school children from three to five years of age in conjunction with The Cathedral of the Incarnation, Garden City, New York .

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:

Diane Cina

194 Groton Place

West Hempstead, New York 11552

 

Christine Scott

88 Jefferson Street

Garden City, New York 11530

 

Monica Schoelle

133 Garden Street

Garden City, New York 11530

 

Cathy Sammon

20 Alicia Court

Hempstead, New York 11550

 

Mary Alice Greiner

57 Yorkshire Road

New Hyde Park, New York 11040

 

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 50 Cathedral Avenue, Garden City, New York 11530.

 

 

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.

 

 

THE CHILDREN�S BIG APPLE EARLY CHILDHOOD CENTER

Voted, that

1. A provisional charter valid for a term of five years is granted incorporating Lucita Huang, Marcus Huang, Melody Huang, Steven Huang (Chiung Huang), Estela Manapul and their associates and successors as an education corporation under the corporate name of The Children�s Big Apple Early Childhood Center, located in Jackson Heights, county of Queens and state of New York.

 

 

2. The purposes for which such corporation is formed are to operate a nursery school for pre-school children from three to five years of age and day care centers in Queens County, provided that before each such day care 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 those corporations located in New York City, will be obtained. No merger, consolidation, dissolution or amendment will be allowed without the prior written approval of the New York State Office of Children and Family Services.

 

 

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:

 

Lucita Huang

41-26 Case Street

Elmhurst, New York 11373

 

Marcus Huang

41-26 Case Street

Elmhurst, New York 11373

 

Melody Huang

41-26 Case Street

Elmhurst, New York 11373

 

Steven Huang (Chiung Huang)

41-26 Case Street

Elmhurst, New York 11373

 

Estela Manapul

41-50 78th Street

Apt. 211

Elmhurst, New York 11373

 

 

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 37-03 94th Street, Jackson Heights, New York 11372.

 

 

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.

 

 

THE STONE CIRCLE SCHOOL

Voted, that

1. A provisional charter valid for a term of three years is granted incorporating Richard Junge, Joan Tregaskis, Tom Nicholson, JoAnn Horton, Siri Jones and their associates and successors as an education corporation under the corporate name of The Stone Circle School located in Ithaca, county of Tompkins and state of New York.

 

 

2. The purposes for which such corporation is formed are to operate a grade 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:

Richard Junge

3180 Dubois Road

Ithaca, New York 14850

 

 

Joan Tregaskis

P.O. Box 451

Ithaca, New York 14851

 

Tom Nicholson

466 Ford Hill Road

Berkshire, New York 13736

 

JoAnn Horton

359 Brown Road

Spencer, New York 14883

 

Siri Jones

358 Benjamin Hill Road

Newfield, New York 14867

 

 

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 399 Turkey Hill Road, Ithaca, New York 14850.

 

 

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.

 

EAST END CHRISTIAN ACADEMY. An application having been made by and on behalf of the trustees of East End Christian Academy, for its provisional charter to be extended, it was

Voted, that the provisional charter of East End Christian Academy, located in Riverhead, county of Suffolk, state of New York, which was granted by action of the Board of Regents on March 11, 1997 be, and the same hereby is, extended until March 25, 2006; 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 March 25, 2006 and upon notice by the Regents, such provisional charter shall terminate and become void and shall be surrendered to the Regents.

 

 

THE RENAISSANCE SCHOOL FOR CHILDREN. An application having been made by and on behalf of the trustees of The Renaissance School for Children, for its provisional charter to be extended, it was

Voted, that the provisional charter of The Renaissance School for Children, located in Long Beach, county of Nassau, 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 change the location of the school to 2415 Long Beach Road, Oceanside, New York 11572 and the mailing address to 173 West Penn Street, Long Beach, New York 11561, and as so amended, extended until March 25, 2006; 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 March 25, 2006 and upon notice by the Regents, such provisional charter shall terminate and become void and shall be surrendered to the Regents.

 

 

THE TRUSTEES OF THE TEACHERS HOME. An application having been made by and on behalf of the trustees of The Trustees of the Teachers Home, for its charter to be dissolved, and for approval of the distribution of its remaining corporate assets two-thirds to the Mary Muldoon Fund, administered by the New York State United Teachers, Inc. (NYSUT), and one-third to the New York State Retired Teachers� Association, and it appearing from the petition that all taxes payable by the corporation have been paid, it was

Voted, that the absolute charter in the first instance of The Trustees of the Teachers Home, located in Syracuse, county of Onondaga, state of New York, which was granted by action of the Board of Regents on July 25, 1958 to establish and maintain a home or residential accommodations for retired teachers in New York State and to provide for their welfare and cultural interests; which absolute charter was amended by Regents action on January 24, 1963, February 28, 1980 and March 28, 1980 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 as follows: two-thirds to the Mary Muldoon Fund and one-third to the New York State Retired Teachers� Association, be, and the same hereby is, approved.

 

 

APPENDIX II

REGENTS ACTIONS IN 87 PROFESSIONAL DISCIPLINE CASES

March 24-25, 2003

 

 

The Board of Regents announced disciplinary actions resulting in the revocation of 2 licenses and 1 registration, surrender of 15 licenses, 2 of which were originally certificates, and 1 certificate, and 68 other disciplinary actions.

 

  1. REVOCATIONS AND SURRENDERS

  2.  

     

    Dentistry

     

     

    Jairo Rendon; P.O. Box 20, Cady Road, Malone, NY 12953; Lic. No. 045410; Cal. No. 20201; Application to surrender license granted. Summary: Licensee did not contest the charge of having been convicted of four counts of sexual abuse in the 1st Degree.

     

     

    Nursing

     

     

    Maria Zoraida Tan; Registered Professional Nurse; 145 East 39th Street, New York, NY 10016-0913; Lic. No. 193562; Cal. No. 18520; Found guilty of professional misconduct; Penalty: Revocation.

     

     

    Olivia Windell Hall; Licensed Practical Nurse; 490 Electric Avenue, Rochester, NY 14613; Lic. No. 191416; Cal. No. 20141; Found guilty of professional misconduct; Penalty: Revocation.

     

     

    Lovely Jeudy Pierre a/k/a Lovely Jeudy; Licensed Practical Nurse, Registered Professional Nurse; 97-32 221st Street, Queens Village, NY 11429; Lic. Nos. 158995, 356056; Cal. Nos. 20617, 20611; Application to surrender licenses granted. Summary: Licensee admitted to charge of while the owner of a nursing registry service, she failed to perform licensing checks on applicants for nursing positions before employing them as nurses and sending them out to health care facilities to work in that capacity.

     

     

    Rhonda Marie Romig; Registered Professional Nurse; 2728 Lincoln Drive, Montoursville, PA 17754; Lic. No. 510118; Cal. No. 20646; Application to surrender license granted. Summary: Licensee admitted to charge of medication administration and record keeping errors.

     

     

    Richard Albert Randolph, Jr.; Licensed Practical Nurse; 26 Brittany Drive, Middletown, NY 10940; Lic. No. 225615; Cal. No. 20686; Application to surrender license granted. Summary: Licensee admitted to the charge of having been convicted of Grand Larceny in the 4th Degree, a class E felony and Operating a Motor Vehicle While Intoxicated, an unclassified misdemeanor.

     

     

    Elizabeth Knox Dunning; Registered Professional Nurse; 185 Katie Drive, Hendersonville, NC 28792; Lic. No. 287209; Cal. No. 20694; Application to surrender license granted. Summary: Licensee did not contest the charge of having been convicted of Petit Larceny, a class A misdemeanor and failing to disclose the conviction to the Department.

     

    Tami A. Garland; Licensed Practical Nurse; Route 37, Danbury, CT 06811; Lic. No. 214232; Cal. No. 20762; Application to surrender license granted. Summary: Licensee admitted to the charge of having been convicted of Conspiracy to Possess with Intent to Distribute and to Distribute Cocaine.

     

    Robert Francis Smith; Registered Professional Nurse; 4339 Dew North Court, Myrtle Beach, SC 29579; Lic. No. 489353; Cal. No. 20763; Application to surrender license granted. Summary: Licensee admitted to the charge of having been convicted of Reckless Endangerment in the 1st Degree.

     

    Linda Christal DiFasi; Licensed Practical Nurse; 214 Hickok Avenue, Syracuse, NY 13206; Lic. No. 258382; Cal. No. 20792; Application to surrender license granted. Summary: Licensee admitted to charge of failure to administer medications and to exercise reasonable care in the record keeping of eleven patients.

     

    Pharmacy

     

     

    Michael J. Leonti; 6521 Townhall Road, Auburn, NY 13021; Lic. No. 035099; Cal. No. 20685; Application to surrender license granted. Summary: Licensee admitted to charge of while the supervising pharmacist of a pharmacy, he stole controlled drugs from the pharmacy�s drug supply for his personal use.

     

    Physical Therapy

     

     

    Jerry F. McNamara; Physical Therapist Assistant; 129 Pine Ridge II, Clifton Park, NY 12065; Cert. No. 001077; Cal. No. 20658; Application to surrender certificate granted. Summary: Licensee admitted to the charge of having been convicted of Driving While Intoxicated on two occasions, unclassified misdemeanors.

     

     

    Public Accountancy

     

     

    Arthur Andersen, LLP; Public Accountancy Partnership; 1345 Avenue of the Americas, New York, NY 10105; Lic. No. 74030; Cal. No. 20633; Found guilty of professional misconduct; Penalty: Revocation.

     

     

    Jordan Roberts; Certified Public Accountant; 459 West Olive Street, Long Beach, NY 11561; Lic. (Cert.) No. 019575; Cal. No. 20709; Application to surrender license (certificate) granted. Summary: Licensee admitted to charge of failing to follow auditing standards by not obtaining a management representation letter and not preparing a written audit program in three audits of financial statements.

     

     

    Alan Elliot Hurwitz; Certified Public Accountant; 41 Melanie Lane, Syosset, NY 11791; Lic. (Cert.) No. 028287; Cal. No. 20721; Application to surrender license (certificate) granted. Summary: Licensee admitted to the charge of having been convicted of two counts of Wire Fraud, and one count of Tax Evasion, both federal felonies.

     

     

    Dennis M. Gaito; Certified Public Accountant; P.O. Box 38, Fort Dix, NJ 08640; Lic. No. 038288; Cal. No. 20761; Application to surrender license granted. Summary: Licensee admitted to the charge of having been convicted of one count of Conspiracy to Commit Securities Fraud, three counts of Conspiracy to Launder Money, eleven counts of Money Laundering, one count of Attempted Money Laundering, and one count of Witness Tampering, all federal felonies.

     

     

    Social Work

     

    Marlena Vega a/k/a Marlene Golub Harrington; 24 Fifth Avenue, New York, NY 10011; Lic. No. 006122; Cal. No. 20421; Application to surrender license granted. Summary: Licensee admitted to the charge of having been convicted in New Jersey of Conspiracy in the 2nd Degree and Theft by Deception in the 2nd Degree, both felonies and which, if committed within this state, would have constituted crimes under New York State law.

     

    Victor Klein; 321 West 11th Street, New York, NY 10014; Lic. No. 018175; Cal. No. 20825; Application to surrender license granted. Summary: Licensee admitted to the charge of having been convicted of Rape in the 3rd Degree.

     

     

  3. OTHER REGENTS DISCIPLINARY ACTIONS

 

Architecture

 

 

John Peter Zietkiewicz; 130 Titus Avenue, Staten Island, NY 10306; Lic. No. 023627; Cal. No. 20378; Application for consent order granted; Penalty agreed upon: 1 year suspension, execution of suspension stayed, probation 1 year, $1,500.

 

Robert Townsend Jones; P.O. Box 714, Westhampton, NY 11977; Lic. No. 025419; Cal. No. 20391; Application for consent order granted; Penalty agreed upon: 1 year suspension, execution of suspension stayed, probation 1 year, $1,000 fine.

 

Robert Charles Marsac; 248 Cornwell Avenue, Williston Park, NY 11596; Lic. No. 024537; Cal. No. 20697; Application for consent order granted; Penalty agreed upon: 24 month suspension, execution of last 6 months of suspension stayed, probation 2 years, $5,000 fine, 100 hours of public service.

 

 

Chiropractic

 

 

Jeffrey A. Solomon; 52-A Edison Court, Monsey, NY 10952; Lic. No. 004300; Cal. No. 18554; Found guilty of professional misconduct; Penalty: 3 year suspension, after service of 3 year suspension, probation 3 years, 40 hours of public service, $5,000 fine, complete certain course.

 

 

Todd J. Rehm; 1849 Route 9, Lake George, NY 12845; Lic. No. 008353; Cal. No. 20485; Application for consent order granted; Penalty agreed upon: 2 year suspension, execution of suspension stayed, probation 2 years, $1,000 fine.

 

Anthony Pugliese; 3134 Route 23A, Tannersville, NY 12485; Lic. No. 005917; Cal. No. 20502; Application for consent order granted; Penalty agreed upon: 1 year suspension, execution of suspension stayed, probation 1 year, $1,000 fine.

 

Dentistry

 

 

William Melvin Stockton, Jr.; 2323 Main Street, Buffalo, NY 14214; Lic. No. 042208; Cal. No. 18588; Application for consent order granted; Penalty agreed upon: 24 month suspension, execution of last 21 months of suspension stayed, probation 2 years to commence if and when return to practice.

 

Josh Joseph Therattil; 3450 Wayne Avenue, Bronx, NY 10467; Lic. No. 046880; Cal. No. 19109; Application for consent order granted; Penalty agreed upon: Censure and Reprimand, probation 1 year, $5,000 fine.

 

Louis W. Woolf; 470 Patchogue-Holbrook Road, Holbrook, NY 11741; Lic. No. 035450; Cal. No. 19631; Application for consent order granted; Penalty agreed upon: 2 year suspension, execution of suspension stayed, probation 4 years, $10,000 fine.

 

Stuart Novins; 897 Manor Lane, Bay Shore, NY 11706; Lic. No. 023316; Cal. No. 19897; Application for consent order granted; Penalty agreed upon: Partial suspension in certain area until terminated as set forth in consent order application, $1,000 fine, probation 2 years when return to practice, 100 hours of public service.

 

Leonard Irwin Fischbach; 99 Hillside Avenue, Williston Park, NY 11596; Lic. No. 022325; Cal. No. 20277; Application for consent order granted; Penalty agreed upon: Partial suspension in certain area until terminated as set forth in consent order application, probation 2 years, $2,500 fine.

 

Kevin Joseph Grant; 87-52A Parsons Boulevard, Jamaica, NY 11432; Lic. No. 044444; Cal. No. 20477; Application for consent order granted; Penalty agreed upon: 1 year suspension, execution of suspension stayed, probation 1 year, $2,000 fine.

 

Victor Zeines; P.O. Box 195, Route 28, Shokan, NY 12481; Lic. No. 028616; Cal. No. 20552; Application for consent order granted; Penalty agreed upon: 2 year suspension, execution of suspension stayed, probation 2 years, $2,500 fine.

 

John P. Finocchio; 80 Dante Avenue, Hicksville, NY 11801; Lic. No. 029211; Cal. No. 20572; Application for consent order granted; Penalty agreed upon: 1 year suspension, execution of suspension stayed, probation 1 year, $1,000 fine.

 

Engineering and Land Surveying

 

 

Ainsley Ainsworth Ferraro; Professional Engineer; 896 Manhattan Avenue, Brooklyn, NY 11222; Lic. No. 062079; Cal. No. 20398; Application for consent order granted; Penalty agreed upon: 1 year suspension, execution of suspension stayed, probation 1 year, $1,000 fine.

 

 

Midwifery

 

 

Cecilia Torres Girard; 64 Light Street, Lynn, MA 01905; Lic. No. 000586; Cal. No. 20518; Application for consent order granted; Penalty agreed upon: 2 year suspension, execution of suspension stayed, probation 2 years to commence upon return to practice, $1,000 fine.

 

Nursing

 

 

Beverly Jean Metott; Licensed Practical Nurse, Registered Professional Nurse; 11016 Florence Hill Road, Camden, NY 13316; Lic. Nos. 133763, 342562; Cal. Nos. 17701, 17702; Dismiss with prejudice.

 

 

Wayne R. Welsh; Registered Professional Nurse; 3301 McKinley Parkway, Blasdell, NY 14219; Lic. No. 507910; Cal. No. 19378; Application for consent order granted; Penalty agreed upon: 2 year suspension with leave to apply, after service of first six months of suspension, for stay of execution of unserved portion of suspension as set forth in consent order application, probation 2 years to commence upon return to practice.

 

 

Karyn Lacertosa a/k/a Karyn Croce; Licensed Practical Nurse, Registered Professional Nurse; 41 Pamela Lane, Staten Island, NY 10304; Lic. Nos. 207311, 429457; Cal. Nos. 19598, 19599; Found guilty of professional misconduct; Penalty: 1 year suspension, execution of suspension stayed, probation 1 year, $500 fine.

 

 

Phyllis McIntyre; Registered Professional Nurse; 530 Birch Hollow Drive, Shirley, NY 11967; Lic. No. 269970; Cal. No. 19793; Application for consent order granted; Penalty agreed upon: 24 month suspension, execution of last 21 months of suspension stayed, probation 2 years.

 

 

Karen Rothblat; Registered Professional Nurse; 8 Arden Court, Melville, NY 11747; Lic. No. 336850; Cal. No. 20036; Application for consent order granted; Penalty agreed upon: Suspension for no less than 18 months and until terminated as set forth in consent order application � upon termination of suspension, probation 3 years.

 

 

Frank Jay Lazan; Registered Professional Nurse; 12 Beverly Court, Moriches, NY 11955; Lic. No. 474811; Cal. No. 20070; Application for consent order granted; Penalty agreed upon: 2 year suspension, execution of suspension stayed, probation 2 years, $1,000 fine.

Catherine Marie Odonoghue a/k/a Catherine Marie O�Donoghue; Licensed Practical Nurse, Registered Professional Nurse; 5530 Netherland Avenue, Bronx, NY 10471; Lic. Nos. 186317, 463585; Cal. Nos. 20214, 20215; Application for consent order granted; Penalty agreed upon: 2 year suspension, execution of last 18 months of suspension stayed, probation 2 years, $5,000 fine.

 

 

Michelle M. Amo a/k/a Michelle Weegar Amo; Licensed Practical Nurse, Registered Professional Nurse; 1906 Route 245, Stanley, NY 14561; Lic. Nos. 220679, 443724; Cal. Nos. 20313, 20312; Application for consent order granted; Penalty agreed upon: 1 year suspension, execution of suspension stayed, probation 1 year, $500 fine.

 

 

Patricia Angella Deans; Licensed Practical Nurse, Registered Professional Nurse; 19 Midwood Place, Roosevelt, NY 11575; Lic. Nos. 221147, 444285; Cal. Nos. 20323, 20324; Application for consent order granted; Penalty agreed upon: 2 year suspension, execution of suspension stayed, probation 2 years, $500 fine.

 

 

Mary T. Lewis; Licensed Practical Nurse; P.O. Box 295, Mahopac, NY 10541; Lic. No. 132323; Cal. No. 20375; Application for consent order granted; Penalty agreed upon: Suspension for no less than 1 year and until terminated as set forth in consent order application � upon termination of suspension, probation 2 years to commence if and when return to practice.

 

Rosa Curry; Licensed Practical Nurse; 96 Stevens Street, Roosevelt, NY 11575; Lic. No. 200042; Cal. No. 20419; Found guilty of professional misconduct; Penalty: 2 year suspension, execution of suspension stayed, probation 2 years.

 

Kendra Ann Travis; Licensed Practical Nurse, Registered Professional Nurse; 795 Country Club Road, Gouverneur, NY 13642; Lic. Nos. 195085, 447469; Cal. Nos. 20434, 20422; Application for consent order granted; Penalty agreed upon: 3 year suspension, execution of suspension stayed, probation 3 years, $1,000 fine.

 

 

Kathleen L. Sullivan; Registered Professional Nurse; 4264 Vega Course, Liverpool, NY 13090; Lic. No. 465961; Cal. No. 20435; Application for consent order granted; Penalty agreed upon: 2 year suspension, execution of last 21 months of suspension stayed, probation 2 years, $500 fine.

 

 

Tiffany Nucole Nicholson; Licensed Practical Nurse; 78 Sterling Street, Rochester, NY 14606; Lic. No. 261754; Cal. No. 20520; Application for consent order granted; Penalty agreed upon: Partial suspension in certain area until terminated as set forth in consent order application, probation 2 years, $250 fine.

 

 

Carol Lincoln; Registered Professional Nurse; 407 Queen Guenevere Trail, Garner, NC 27529; Lic. No. 523043; Cal. No. 20533; Application for consent order granted; Penalty agreed upon: 24 month suspension, execution of last 21 months of suspension stayed, probation 2 years.

 

 

Lorna Lee Guy; Licensed Practical Nurse; 3519 Edson Avenue, Bronx, NY 10466; Lic. No. 259027; Cal. No. 20539; Application for consent order granted; Penalty agreed upon: 1 year suspension, execution of suspension stayed, probation 1 year, $750 fine.

 

Aimee Thrasher; Registered Professional Nurse; 34-30 34th Street, Astoria, NY 11106; Lic. No. 447480; Cal. No. 20540; Application for consent order granted; Penalty agreed upon: 1 year suspension, execution of suspension stayed, probation 1 year to commence upon return to practice, $1,000 fine.

 

Linda S. Wheeler; Licensed Practical Nurse; 202 Burlingam Road, Morris, NY 13808; Lic. No. 245296; Cal. No. 20542; Application for consent order granted; Penalty agreed upon: 1 year suspension, execution of suspension stayed, probation 1 year, $250 fine.

 

Paula R. Pillo a/k/a Paula R. Recchio; Licensed Practical Nurse; 6666 Byron Holley Road, Byron, NY 14422; Lic. No. 248161; Cal. No. 20543; Application for consent order granted; Penalty agreed upon: 1 year suspension, execution of suspension stayed, probation 1 year, $500 fine.

 

 

Patty Ann Wallis; Licensed Practical Nurse; 65 Sholtz Road, Verona, NY 13478; Lic. No. 248413; Cal. No. 20544; Application for consent order granted; Penalty agreed upon: 1 year suspension, execution of suspension stayed, probation 1 year, $250 fine.

 

Nancy Hulihan; Registered Professional Nurse; 26 Park Place, Schenectady, NY 12305; Lic. No. 359657; Cal. No. 20547; Application for consent order granted; Penalty agreed upon: 1 year suspension, execution of suspension stayed, probation 1 year, $500 fine.

 

Colleen M. Davis; Licensed Practical Nurse; 1807 Midland Avenue, Syracuse, NY 13205; Lic. No. 259659; Cal. No. 20571; Application for consent order granted; Penalty agreed upon: 2 year suspension, execution of suspension stayed, probation 2 years.

 

Gail A. Boardway; Licensed Practical Nurse; 8225 Jennings Road, Eden, NY 14057; Lic. No. 139757; Cal. No. 20585; Application for consent order granted; Penalty agreed upon: 1 year suspension, execution of suspension stayed, probation 1 year, $250 fine.

 

Tim Theodore Engdahl; Registered Professional Nurse; 3600 North Lake Shore Drive, Chicago, IL 60613; Lic. No. 462162; Cal. No. 20589; Application for consent order granted; Penalty agreed upon: 2 year suspension, execution of suspension stayed, probation 2 years, $500 fine.

 

Cynthia Kay Rotondo; Licensed Practical Nurse; 9224 Conquest Road, Port Byron, NY 13140; Lic. No. 234015; Cal. No. 20602; Application for consent order granted; Penalty agreed upon: 1 year suspension, execution of suspension stayed, probation 1 year, $500 fine.

 

 

Rosanne Ficarra; Registered Professional Nurse; 3 Manning Road, Glen Cove, NY 11542; Lic. No. 454613; Cal. No. 20621; Application for consent order granted; Penalty agreed upon: 2 year suspension, execution of suspension stayed, probation 2 years, $750 fine.

 

 

Linda Ann Richardson; Licensed Practical Nurse; 18 Moore Street, Albany, NY 12202; Lic. No. 206607; Cal. No. 20625; Application for consent order granted; Penalty agreed upon: 1 year suspension, execution of suspension stayed, probation 1 year.

 

Ruth L. Smith; Licensed Practical Nurse, Registered Professional Nurse; 1185 Main Street, P.O. Box 78, Beaver Dams, NY 14812; Lic. Nos. 255430, 501671; Cal. Nos. 20644, 20645; Application for consent order granted; Penalty agreed upon: 1 year suspension, execution of suspension stayed, probation 1 year to commence upon return to practice, $500 fine.

 

 

Cynthia B. Womble; Registered Professional Nurse; 5900 Arlington Avenue, Bronx, NY 10471; Lic. No. 356534; Cal. No. 20674; Application for consent order granted; Penalty agreed upon: 1 year suspension, execution of last 9 months of suspension stayed, probation 1 year.

 

Ophthalmic Dispensing

 

 

Patrick Francis Hanrahan; 420 South Division Street, Hornell, NY 14843; Lic. No. 004925; Cal. No. 20671; Application for consent order granted; Penalty agreed upon: 1 year suspension, execution of suspension stayed, probation 1 year, $750 fine.

 

Pharmacy

 

 

V.L.V. Med Pharmacy, Inc.; 4085 Broadway, New York, NY 10032; Reg. No. 018488; Cal. No. 18304; Application for consent order granted; Penalty agreed upon: $5,000 fine.

 

Robert Tremmel; 2043 Bellmore Avenue, Bellmore, NY 11710; Lic. No. 034977; Cal. No. 19147; Application for consent order granted; Penalty agreed upon: 2 year suspension, execution of last 12 months of suspension stayed, probation 2 years, 100 hours of public service.

 

 

Aumiller�s Pharmacy Inc.; 1340 State Street, Schenectady, NY 12304; Reg. No. 014599; Cal. No. 20399; Application for consent order granted; Penalty agreed upon: $2,500 fine.

 

John Joseph Duffy, Jr.; 31 Casablanca Court, Clifton Park, NY 12065; Lic. No. 024591; Cal. No. 20400; Application for consent order granted; Penalty agreed upon: 1 year suspension, execution of suspension stayed, probation 1 year, $2,500 fine.

 

Brian D. Koehler; 3064 Lone Pine Road, Schenectady, NY 12303; Lic. No. 030868; Cal. No. 20401; Application for consent order granted; Penalty agreed upon: 1 year suspension, execution of suspension stayed, probation 1 year, $1,000 fine.

 

Thomas John Sobieski; 46-10 194th Street, Flushing, NY 11358; Lic. No. 027165; Cal. No. 20481; Application for consent order granted; Penalty agreed upon: 24 month suspension, execution of last 22 months of suspension stayed, probation 24 months, $1,000 fine.

 

 

Buena Vista Pharmacy, Inc.; 2022 Third Avenue, New York, NY 10029; Reg. No. 012457; Cal. No. 20490; Application for consent order granted; Penalty agreed upon: 2 year suspension, execution of suspension stayed, probation 3 years, $5,000 fine.

 

Westchester-Ellenville, Inc.; Pharmacy; Shoprite Boulevard, Route 209, Ellenville, NY 12428; Reg. No. 024914; Cal. No. 20551; Application for consent order granted; Penalty agreed upon: 2 year suspension, execution of suspension stayed, probation 2 years, $5,000 fine.

 

Wayne Patterson; 24 Michele Lane, Hauppauge, NY 11788; Lic. No. 026711; Cal. No. 20661; Application for consent order granted; Penalty agreed upon: 2 year suspension, execution of suspension stayed, probation 2 years, $2,500 fine.

 

Physical Therapy

 

 

Ross Matthew Roden; 2917 Lawrence Drive, Wantagh, NY 11793; Lic. No. 014726; Cal. No. 20556; Application for consent order granted; Penalty agreed upon: 1 year suspension, execution of suspension stayed, probation 1 year, $500 fine.

 

 

 

Podiatry

 

 

Louis Vernon Greer; 514 South Bay Road, North Syracuse, NY 13212; Lic. No. 005381; Cal. No. 20505; Application for consent order granted; Penalty agreed upon: 1 year suspension, execution of suspension stayed, probation 1 year, $500 fine.

 

Public Accountancy

 

 

Edward McCrae; Certified Public Accountant; 377 S. Harrison Street, East Orange, NJ 07018; Lic. No. 037230; Cal. No. 20368; Application for consent order granted; Penalty agreed upon: 1 year suspension with leave to apply for early termination as set forth in consent order application � upon early termination or service of suspension, probation 1 year, $2,500 fine.

 

 

Social Work

 

 

Charles Walter Jones; 1296 East Third Avenue, Bay Shore, NY 11706; Lic. No. 043105; Cal. No. 20126; Found guilty of professional misconduct; Penalty: 2 year suspension, execution of suspension stayed, probation 2 years.

 

Barbara Joan Deam; 400 East 57th Street, New York, NY 10022; Lic. No. 026050; Cal. No. 20523; Application for consent order granted; Penalty agreed upon: 1 year suspension, execution of suspension stayed, probation 1 year, $2,500 fine.

 

 

Veterinary Medicine

 

 

Joseph Warren Adams; 123 West Street, Warwick, NY 10990; Lic. No. 002314; Cal. No. 20529; Application for consent order granted; Penalty agreed upon: 1 year suspension, execution of suspension stayed, probation 1 year, $1,000 fine.