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SUMMARY OF THE JULY MEETING

 


OF THE BOARD OF REGENTS

 


OF


THE UNIVERSITY OF THE STATE OF NEW YORK

 


Held at the State Education Building

Albany, New York


July 25, 2007

 


David Johnson, Secretary


Board of Regents

 



THE BOARD OF REGENTS

               The Board of Regents of The University of the State of New York held public sessions on Wednesday, July 25, at 10:30 a.m. and 5:00 p.m. pursuant to a call duly sent to each Regent.


MEETING OF THE FULL BOARD, Wednesday, July 25, 10:30 a.m.

 


Board Members in Attendance:

Robert M. Bennett, Chancellor

Merryl H. Tisch, Vice Chancellor

Saul B. Cohen

James C. Dawson

Anthony S. Bottar

Geraldine D. Chapey

Arnold B. Gardner

Harry Phillips, 3rd

Joseph E. Bowman, Jr.

James R. Tallon, Jr.

Milton L. Cofield

Roger B. Tilles

Karen Brooks Hopkins

Charles R. Bendit

              Also present were the Acting Commissioner of Education, Kathy Ahearn, Acting Counsel, Erin O’Grady-Parent, and the Secretary, Board of Regents, David Johnson.  Regent Natalie M. Gomez-Velez was absent and excused.

              Chancellor Robert M. Bennett called the meeting to order at 10:30 a.m.


ACTION ITEMS

Charter Applications for July 2007

BR (A) 1

Supplemental Charter Application

BR (A) 5

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

              Motion by:               Regent James C. Dawson

              Seconded by:           Regent Anthony S. Bottar

              Action:                     Motion carried unanimously

Summary of the June 2007 Meeting

BR (A) 2
 

              MOVED, that the Summary of the June 2007 Meeting of the Board of Regents of The University of the State of New York be approved.

              Motion by:               Regent Milton L. Cofield

              Seconded by:           Regent Geraldine D. Chapey

              Action:                      Motion carried unanimously

           

State Education Department June 2007 Fiscal Report

BR (A) 3
 

              The Board received the June 2007 Fiscal Report for review and acceptance.  Also attached is a Variance Report summarizing adjustments necessary at the end of the first quarter of the 2007-2008 fiscal year.

              All general fund and federal accounts are in structural balance.

Revenue accounts are in structural balance, allowing for normal reimbursement delays in the planned use of prior year balances.  After expanding prior year funds, the Archives Partnership Trust (APT) will use sufficient revenue from the APT endowment, pursuant to Chapter 399 of the Laws of 1998, to maintain structural balance.

              MOVED, that the Board of Regents accept the June 2007 State Education Department Fiscal Report as presented.

              Motion by:               Regent Geraldine D. Chapey

              Seconded by:           Regent Joseph E. Bowman, Jr.

              Action:                     Motion carried unanimously

Interim Action by Standing Committees

BR (A) 4

              MOVED, that the Standing Committees of the Board of Regents, be and they hereby are, authorized to take interim action for the Board of Regents during the period commencing on July 26, 2007 and ending on September 9, 2007 and that any such action shall be reported to the Board at its meeting on September 10-11, 2007.

              Motion by:               Regent James C. Dawson

              Seconded by:           Regent Milton L. Cofield

              Action:                     Motion carried unanimously

 DISCUSSION ITEMS

Acting Commissioner’s Report to the Board

              The Acting Commissioner’s written monthly report focused on five subject areas: Board of Regents on the Web; Contracts for Excellence; Budget and Legislative Priorities; Illegal Practice Regulations; and, Strategic Advocacy Plan for NOVEL.

Annual Report of the State Professional Standards and Practices Board for Teaching

BR (D) 3
 

              Patrick Allen and Eric Gidseg, Co-chairs for 2006-2007, reviewed a summary of accomplishments of the State Professional Standards and Practices Board for Teaching (PSPB) for the time period September 2006 – July 2007.

              In discussion, Board members expressed continuing interest in the importance of early childhood certification, questioned the use and understanding of technology in teacher preparation, solicited thoughts of the PSPB on the quality of alternative certification and, suggested another formal effort toward teaching as a profession.


INFORMATION ITEM

Report on Roosevelt Union Free School District

BR (I) 1
 

              The Board received a monthly report updating progress made in the Roosevelt UFSD and next steps to support student success.

              Senior Deputy Commissioner Johanna Duncan-Poitier led the discussion, focusing on leadership and district operations, education programs and schedule, finances and fiscal stability and, efforts underway and next steps.

              In discussion, Board members questioned the robustness of the summer school program, expressed continuing concerns over the quality and accessibility of technology for students, commented on the need to expand the USNY network beyond the district to assist other area districts and, encouraged cataloguing the learnings in the experiences at Roosevelt UFSD that can be useful in additional districts.

 


MEETING OF THE FULL BOARD, Wednesday, July 25, 5:00 p.m.

 


Board Members in Attendance:

Robert M. Bennett, Chancellor

Merryl H. Tisch, Vice Chancellor

Saul B. Cohen

James C. Dawson

Anthony S. Bottar

Geraldine D. Chapey

Arnold B. Gardner

Harry Phillips, 3rd

James R. Tallon, Jr.

Milton L. Cofield

Roger B. Tilles

Karen Brooks Hopkins

Charles R. Bendit  

              Also present were the Acting Commissioner of Education, Kathy Ahearn, Acting Counsel Erin O’Grady-Parent and the Secretary, Board of Regents, David Johnson.  Regents Joseph E. Bowman, Jr. and Natalie M. Gomez-Velez were absent and excused.

              Chancellor Robert M. Bennett called the meeting to order at 5:00 p.m.


DISCUSSION ITEMS

2008-2009 Budget Development Process

BR (D) 1
 

              The Board reviewed the proposed 2008-2009 budget initiatives in preparation for action in September.

              In a review of the initiatives by the Regents Standing Committees, three additions have been proposed for consideration: strengthening the research capacity of the Department; strengthening graduate education programs; and, a review of staff capacity relative to accountability, Article VII and other critical work and its impact.

Proposed 2008 Regents Priority Legislation

BR (D) 2
 

              The Board reviewed its State and Federal priority legislative proposals for 2008 in preparation for approval in September.


MISCELLANEOUS

              Chancellor Robert M. Bennett informed the Board that an update would be provided in September on the process for the review of the current learning standards.  As the review proceeds, a steering committee of 9-10 individuals, chaired by Regent Saul B. Cohen, will be appointed to oversee this extensive effort.


STANDING COMMITTEE REPORTS

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

              Motion by:               Regent Harry Phillips, 3rd

              Seconded by:           Regent Saul B. Cohen

              Action:                     Motion carried unanimously

 


THE REGENTS SUBCOMMITTEE ON AUDITS

The Regents Subcommittee on Audits met on July 25.  Regent Tallon was absent and excused.  In follow-up to the last meeting, staff provided information on the approved training curriculum that is used for new school board members. In addition, Subcommittee members were provided with excerpts from the Comptroller’s 2005 and 2006 Annual Report on the School District Accountability Initiative. That report contained trends in findings that are being identified through the school district audits. OSC staff discussed the major trends.  

The balance of the meeting was devoted to two major topics: the Annual Report on the Activities of the Regents Subcommittee on Audits, and the presentation of audit reports.

The Regents Subcommittee on Audits assisted the Board in carrying out oversight responsibilities for audits, ethical issues arising from audits, internal controls, and compliance with laws and regulations.  The Subcommittee met eight times during the past year and staff from the Office of Audit Services described the key items that were presented.

Twenty-one audits were presented to the Subcommittee. The Harriet Tubman Charter School audit was conducted by the Office of Audit Services; the remaining twenty audits of school districts were conducted by the Office of the State Comptroller.

The audits identified findings in the areas of procurement, capital assets, claims processing, payroll, cash, financial reporting, information technology, capital construction, and segregation of duties.

The following audits were presented for review.

Office of Audit Services

              Harriet Tubman Charter School

Office of the State Comptroller

Addison Central School District

Afton Central School District

Beaver River Central School District

Bethlehem Central School District

Brockport Central School District

Edmeston Central School District

Georgetown – South Otselic Central School District

Harrison Central School District

Haverstraw-Stony Point Central School District

Homer Central School District

Hoosic Valley Central School District

Horseheads Central School District

Mechanicville City School District

Newburgh Enlarged City School District

North Babylon Union Free School District

Northville Central School District

Roscoe Central School District

Roxbury Central School District

Scio Central School District

Springville-Griffith Institute Central School District

 


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

              Your EMSC-VESID Committee held its scheduled meeting on July 25, 2007.  All members were present.  Regent Tallon was absent and excused.

ACTION ITEMS

Regulations

Your Committee recommends that the Board of Regents amend, by a second emergency adoption and in accordance with Chapter 57 of the Laws of 2007 (Article VII), section 21.3 of the rules of the Board of Regents and section 100.12 of the regulations of the Commissioner of Education relating to instructional computer hardware effective, as submitted, effective August 27, 2007.  [EMSC-VESID (A) 1]

Your Committee recommends that the Board of Regents, by a second emergency adoption and in accordance with Chapter 57 of the Laws of 2007 (Article VII), repeal Subpart 151-1 of the regulations of the Commissioner of Education and add a new Subpart 151-1 relating to Universal Prekindergarten, as submitted, effective August 27, 2007.  [EMSC-VESID (A) 2]

Your Committee recommends that the Board of Regents add, by emergency adoption and in accordance with Chapter 57 of the Laws of 2007 (Article VII), section 170.13 of the regulations of the Commissioner relating to maintenance of effort in certain cities, as submitted, effective July 31, 2007,  [EMSC-VESID (A) 3]

Your Committee recommends that the Board of Regents add, by emergency adoption and in accordance with Chapter 57 of the Laws of 2007 (Article VII), section 119.4 of the regulations of the Commissioner of Education relating to the conduct of charter school public hearings, as submitted, effective July 31, 2007.  [EMSC-VESID (A) 4]

Your Committee recommends that the Board of Regents amend, by emergency adoption and in accordance with Chapter 57 of the Laws of 2007 (Article VII), section 3.16 of the rules of the Board of Regents relating to the delegation of authority with respect to certain charter school hearings, as submitted, effective July 31, 2007.  [EMSC-VESID (A) 5]

Your Committee had extensive discussion about the implementation of the requirements for Contracts for Excellence.  Members of the Committee raised questions about accountability, including how the Department will evaluate the success of school district programs.  Members of the Committee also raised concerns about the Department’s capacity to monitor the contracts especially given that the Department has not yet received approval to begin the hiring process for the additional staff that was included in the State budget.  Staff assured the Committee that implementation and monitoring of this initiative is a priority and that necessary resources will be redirected from other work until the additional staff can be hired.  Your Committee recommends that the Board of Regents repeal the emergency action taken at the June 25-26, 2007 meeting which added a new section 100.13 and amended paragraph (1) of subdivision (e) of section 170.12 of the regulations of the Commissioner of Education effective July 31, 2007.  Your Committee further recommends that the Board of Regents add, by emergency adoption and in accordance with Chapter 57 of the Laws of 2007 (Article VII), section 100.13 of the regulations of the Commissioner of Education relating to Contracts for Excellence be added and that paragraph (1) of subdivision (e) of section 170.12 be amended as submitted, effective July 31, 2007.  The vote for the motion to approve the emergency adoption was 5 yes and 1 abstention (Vice Chancellor Tisch). [EMSC-VESID (A) 7]

Charter
School
Revisions

Your Committee recommends that the Board of Regents approve the revision to the initial charter of the Bedford-Stuyvesant Collegiate Charter School, as proposed by the Trustees of the State University of New York, and the provisional charter is amended accordingly.  [EMSC-VESID (A) 6]

Your Committee recommends that the Board of Regents approve the revision to the initial charter of the Charter School of Educational Excellence as amended by the resolution of the School’s Board of Trustees dated July 18, 2007 (and received by the Department on July 19, 2007), and the provisional charter is amended accordingly.  The vote for the motion to approve the application was 4 yes and 2 no (Vice Chancellor Tisch and Regent Tilles).   [EMSC-VESID (A) 6]

Your Committee recommends that the Board of Regents return the proposed revision to the first renewal charter of the Child Development Center of the Hamptons Charter School to the Trustees of the State University of New York for reconsideration, and with the following comments and recommendations:  There is no authorization in Article 56 of the Education Law for a charter school to limit admission to a summer program based on intellectual ability, measures of achievement, or disability.  The revision sought by this School seeks to establish a summer program limited exclusively to students with disabilities who have been determined by a committee on special education to need a structured learning environment of 12 months duration.  We see no authority for a charter school to limit admission to a summer program in this manner and recommend that the proposed revision be abandoned.  [EMSC-VESID (A) 6]

Your Committee recommends that the Board of Regents approve the revisions to the first renewal charter of the Eugenio Maria de Hostos Charter School, as proposed by the Trustees of the State University of New York, and the provisional charter is amended accordingly.  [EMSC-VESID (A) 6]

Your Committee recommends that the Board of Regents return the proposed revision to the initial charter of the KIPP Sankofa Charter School to the Trustees of the State University of New York for reconsideration, and with the following comments and recommendations: Insufficient information regarding how this school will be operated without being affiliated with KIPP, Inc. was provided in order to make a determination regarding the educational and/or fiscal soundness of the proposed revision.  It is recommended that additional information relative to these concerns be provided.   [EMSC-VESID (A) 6]

Your Committee recommends that the Board of Regents return the proposed revisions to the first renewal charter of the Roosevelt Children's Academy Charter School to the Trustees of the State University of New York for reconsideration, and with the following comments and recommendations: Insufficient information regarding how this school will be operated without being affiliated with Victory Schools, Inc. was provided in order to make a determination regarding the educational and/or fiscal soundness of the proposed revisions.  It is recommended that additional information relative to these concerns be provided.   [EMSC-VESID (A) 6]

Consent Agenda Items

Your Committee recommends that the Board of Regents approve the registration of eight nonpublic high schools. [EMSC-VESID (CA) 1]

Your Committee recommends that the Board of Regents accept the staff recommendation to register the public elementary, intermediate, middle, junior high schools and high schools listed in the table in the item.  [EMSC-VESID (CA) 2]

Your Committee recommends that the Board of Regents accept the staff recommendation to register Fulton Elementary School in Schenectady.  This item is an addendum to EMSC-VESID (CA) 2.

MOTION FOR ACTION BY FULL BOARD

Mr. Chancellor and Members of the Board:  Your EMSC-VESID Committee recommends, and I move, that the Board of Regents act affirmatively upon each of the recommendations set forth in the written report of the deliberations of the Committee at its meeting on July 25, 2007, copies of which have been distributed to each Regent.

MATTERS NOT REQUIRING BOARD ACTION

2008-2009 Budget Development Process and Proposed 2008 Regents Priority Legislation. The Committee endorsed the proposed budget and legislative priorities.  [BR (D) 1-2]

 


REGENTS COMMITTEE ON HIGHER EDUCATION


AND PROFESSIONAL PRACTICE

              Your Higher Education and Professional Practice Committee held its scheduled meeting on July 25, 2007.  All members were present, except Regent Arnold P. Gardner, who was present for the public session, but excused for the executive session. 

ACTION ITEMS

Professional Discipline Cases

              Your Committee recommends that the reports of the Regents Review Committees, including rulings, findings of fact, determinations as to guilt, and recommendations, by unanimous or majority vote, contained in those reports which have been distributed to you, be accepted in 3 cases.  In addition, your Committee recommends, upon the recommendation of the Committee on the Professions, that 53 consent order applications and 6 surrender applications be granted.

              These recommendations are made following the review of 62 cases involving 14 registered professional nurses, nine licensed practical nurses, six licensed practical nurses who are also registered professional nurses, four dentists, four pharmacists, three clinical laboratory technicians, two massage therapists, two psychologists, two respiratory therapists, one architect, one certified public accountant, one clinical laboratory technologist, one licensed clinical social worker, one dental hygienist, one land surveyor, one pharmaceutical manufacturer, one pharmacy, one podiatrist, and one professional engineer.

Authorization of Degree Powers Upon a Change in Ownership

              Your Committee voted to table the item on the sale of Bryant and Stratton College until the September 2007 Regents meeting.  The vote for the motion to table the item was 5 yes and 1 no (Regent Cofield) [HE&PP (A) 1]

Regulations

Your Committee recommends that the Board of Regents amend section 80-1.11, 87.1, 87.2, 87.4, 87.5, 87.6, 87.8 and add Section 87.10 to the regulations of the Commissioner of Education relating to the fingerprinting and criminal history record check of prospective employees of nonpublic and private elementary and secondary schools.   The Committee heard a presentation that covered the major requirements of the proposed regulations.  The effective date of the proposed amendment is August 16, 2007.  [HE&PP (A) 2]

Consent Agenda Items

Your Committee recommends that the Board of Regents approve the appointment of Assistant Commissioner Robert G. Bentley to the Committee on the Professions.  [HE&PP (CA) 1]

              Your Committee recommends that the Board of Regents renew the permission of Augustana College to offer it three-credit course, Crisis Intervention with Youth, in New York State.  [HE&PP (CA) 2]

              Your Committee recommends that the Board of Regents authorize Jamestown Business College to award the B.B.A. degree and approve a master plan amendment to authorize the College to offer a B.B.A. degree program in Management.  [HE&PP (CA) 3]

              Your Committee recommends that the Board of Regents approve the amendment to the master plan of the State University of New York authorizing SUNY College at Alfred to offer a B.S. degree in Digital Media Animation.  [HE&PP (CA) 4]

Your Committee recommends that the Board of Regents approve the recommendations of the Committee on the Professions regarding Licensing Petitions.  [HE&PP (CA) 5]

Your Committee recommends that the Board of Regents approve the appointments and reappointments of members to the State Boards for the Professions; and appointments and reappointments of extended members to the State Boards for the Professions for service on licensure disciplinary and/or licensure restoration and moral character panels.  [HE&PP (CA) 6]

              Your Committee recommends that the Board of Regents approve the proposed permission to operate in New York State for the University of Pennsylvania:  Adult Oncology Nurse Practitioner Program.  [HE&PP (CA) 7]

              Your Committee recommends that the Board of Regents confer degrees upon student completing programs at Technical Career Institutes and Taylor Business Institute.  [HE&PP (CA) 8]

              Your Committee recommends that the Board of Regents approve appointments and reappointments to the State Professional Standards and Practices Board for Teaching.   [HE&PP (CA) 9]

Restoration Petition

         

Voted, that the Board of Regents stay the order of revocation of the physician license of Paul Isaacs for a period of five years, that he be placed on probation for a period of five years under specified terms and conditions, and upon satisfactory completion of his probationary period, his license be fully restored.

MOTION FOR ACTION BY FULL BOARD

              Mr. Chancellor and Colleagues:  Your Higher Education and Professional Practice Committee recommends, and I move, that the Board of Regents act affirmatively upon each recommendation in the written report of the Committee's deliberations at its meeting on July 25, 2007, copies of which have been distributed to each Regent.

MATTERS NOT REQUIRING BOARD ACTION

              Your Committee discussed several topics of interest, including:

  • Proposed amendment to the Regulations of the Commissioner of Education relating to requirements for licensure as a licensed clinical social worker, limited permits to practice licensed clinical social work and the supervision of clinical social work services provided by a licensed master social worker.  The proposed amendment revises the requirements for admission to an examination for licensure as a licensed clinical social worker.  The amendment also clarifies the supervision requirements for a licensed master social worker practicing licensed clinical social work and the supervised experience requirements for licensure as a licensed clinical social worker and for limited permits to practice licensed clinical social work.  These regulations will be submitted for action at the October 2007 Regents meeting. [HE&PP (D)1]
  • Presentation on the Professional Assistance Program.  This report is to inform the Regents of the continued and growing success of the Program and the role of the program in protecting the public.  [HE&PP (D)2]
  • Proposed amendment to the Rules of the Board of Regents relating to civil enforcement proceedings for the unauthorized practice of the professions and the unauthorized use of a professional title.  The proposed amendment is needed to implement the requirements of Section 6516 of the Education Law by specifying the requirements for the submission of complaints, investigations, hearing requests and stay requests; the contents of a cease and desist order; the standards for the imposition of civil penalties and restitution and the procedures for hearings and appeals.  These regulations will be submitted for action at the October 2007 Regents meeting.  [HE&PP (D) 3]
  • 2008-2009 Budget Development Process and Proposed 2008 Regents Priority Legislation. The Committee discussed the HE/OP Regents priority bills and budget initiatives for the 2008-09 legislative session.  Regent Cohen requested that the Board include in its budget priorities a proposal to strengthen graduate education in New York State through the creation of a competitive doctoral and post-doctoral fellowship program in academic fields where more scholars are needed for research, faculty assignments and/or professional practice.  Regent Cohen also requested that the Board include in its budget priorities resources to support strengthening the research capacity of the State Education Department.  [BR (D) 1-2]

 


REGENTS COMMITTEE ON CULTURAL EDUCATION

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

Your Committee on Cultural Education had its scheduled meeting on July 25, 2007 in Room 146 EB.  Regents Dawson, Bowman, Brooks Hopkins, Gardner, Phillips and Tilles attended.  In addition, Regent Chapey attended.

Chair’s Remarks: Regent Dawson welcomed attendees and began the meeting at 9:00 a.m.

Deputy Report:  Deputy Commissioner Jeffrey Cannell opened his report with an update on the Museum Gallery Renewal Master Plan including a handout that illustrates current thinking by staff and consultants.  Mr. Cannell updated your Committee regarding the new Stewardship and Research Facility sites.  Out of the 30 original proposed sites, five remain.  After further discussions and assessments, our expectation  is to narrow these five proposed sites down to two or three.

There was no additional news on the Assembly’s appointee to the Cultural Education Board.

ITEMS FOR DISCUSSION

New York
State Archives World Trade Center
(WTC) Documentation Project

              Kathleen Roe delivered a brief introduction and reported on what has been accomplished in the last five years and what still needs to be addressed.  Ms. Roe led your Committee’s discussion on this initiative and provided a handout on the “Examples of World Trade Center Attack Documentation in New York.”  She followed up with the directions, challenges for the future, remaining obstacles, and current efforts e.g., research; best documentation; working with the WTC Project Taskforce, providing assistance to families and family organizations, establishing an on-line clearinghouse, continuing support to State agencies to deal with WTC records, etc.  Regents proposed an additional module of the facility to include the collections of the museum, library, and archives that deal with the 9/11 attack.  This module could also provide for the display and other appropriate research and educational uses of these collections.  [CE (D) 1]

ACTION ITEMS

2008-2009 Budget Development Process

Deputy Commissioner Cannell provided information on the 2008-2009 budget.  [BR (D) 1]

Proposed 2008 Regents Priority Legislation

Deputy Commissioner Cannell provided updated information and adjustments regarding funding programs and initiatives covered by the New York Knowledge Initiative, the related history to the initial proposal and its alignment with the Regents P-16 Plan.  [BR (D) 2]

Deputy Commissioner Cannell reported on the following proposal: Criminal History checks for Office of cultural Education Employees and Volunteers – a proposal needed to protect students and others while visiting the State Museum, State Archives and State Library.

Due to time constraints, the following Federal Priorities were not addressed at the June Regents CE Committee meeting. Therefore, were carried over to be addressed and discussed at the July Regents CE Committee meeting.  Information was provided on how they relate and/or support  the Regents P-16 Plan:

Reauthorized the Museum and Library Services Act

Fund Public Education Programs

S
upport Public Television’s “Ready to Compete” Agenda

Support
Strong School
Libraries

Support the Partnership for the American Historical Record Initiative

The Board was in consensus of BR (D) 1 and BR (D) 2 – approved.

Strategic Advocacy Plan for NOVELny

Deputy Commissioner Cannell introduced David Miller, Deputy Commissioner for Innovation and Chief of Staff, who presented the Strategic Advocacy Plan for NOVELny.  The presentation identified the plan’s focus and benefits of the advocacy plan, measures to be taken by SED and by the Regents to gain support of the plan.  Regents were extended an invitation to view an information/advocacy demo on the program.

Regent Brooks Hopkins suggested that a non-acronym name be more suited;  something that more accurately and forcefully  describes the initiative.  [CE (D) 2]

ACTION ITEMS

Emergency Amendment to Section 90.12 of the Regulations of the Commissioner of Education Relating to State Aid for Public Library Construction:

Carol Desch, Statewide Library Services, provided history and background information regarding this proposed amendment. Your Committee recommends that the Board of Regents take action on this proposed amendment as submitted, with an effective date of July 31, 2007.

Ms. Desch provided explanations and answered questions as presented.  It is anticipated that the proposed amendment be presented for adoption as a permanent rule at the October 2007 Regents meeting.  [CE (A)1]

 

Appendix I

NEW YORK
STATE BOARD OF REGENTS CHARTER ACTION
 


Cultural Education

AMENDMENT OF CHARTERS

BRONXVILLE PUBLIC LIBRARY

Bronxville, Westchester County

An absolute charter in the first instance was granted to this corporation by action of the Board of Regents on June 28, 1906 to operate a public library.  Such absolute charter was amended by Regents action on March 7, 1907.  The board of trustees has applied for an amendment to the absolute charter to designate the Commissioner of Education as agent of the corporation upon whom process in any action or proceeding against it may be served; to state that the number of trustees shall be not less than seven nor more than nine; and to add the language necessary to maintain tax-exempt status under Internal Revenue Code §501(c)(3). The Office of Cultural Education recommends that the absolute charter be amended accordingly.

ROCHESTER
MUSEUM AND SCIENCE CENTER

Rochester
, Monroe County

A provisional charter was granted to this corporation by action of the Board of Regents on March 15, 1935 under the corporate name “Rochester Museum Association” to operate a museum.  Such provisional charter was made absolute by Regents action on November 16, 1939 and was amended on June 28, 1968 to change the corporate name to “Rochester Museum and Science Center.”  The board of trustees has applied for an amendment to the absolute charter to increase the number of trustees from twenty-five to forty-five.  The Office of Cultural Education recommends that the absolute charter be amended accordingly.

PROVISIONAL CHARTERS

KINGSTON
HISTORIC BOATWORKS

Kingston
, Ulster
County

The board of trustees has petitioned the Board of Regents to form a corporation to enrich and enliven the City and waterfront of Kingston, New York by illustrating its past, reconstructing historic uses, and educating the public about the history of maritime and allied transport and industry on the Hudson River and its tributaries and canals by operating working shipyards, boatworks and associated exhibits as a museum; to restore, exhibit, collect, preserve, research and interpret vessels, boats, barges, engines, wharfs, cranes, structures, associated industries, transport and other artifacts related to the maritime heritage of the Hudson River and its tributaries; to exhibit, collect, preserve, protect, restore, research and interpret material, documents, oral histories and art related to river transportation, related transportation, industries and recreation which developed in response to the Hudson River; to create educational programs and materials which develop public awareness of the history of life, transportation, communities and industry along the Hudson River; to foster an understanding of both the importance of and the changing nature of the complex ecology of the River and its tributaries, especially as related to its history; to cooperate with other business and not-for-profit organizations in order to pursue the Corporation’s principal purposes; to educate the public about methods of construction of vessels, whether of wood, steel, iron or other materials, through demonstration projects, construction of vessels built with traditional method, construction of replica vessels, and repair and restoration of historic vessels in public and as part of a classroom experience; to own or lease real property, tools, workshops, wharfs, docks and other facilities in furtherance of the Museum’s central purposes; to hold easements on historic vessels and other artifacts in order to protect and preserve them; to cooperate with the Hudson River Maritime Museum in projects and activities of mutual interest.  The Office of Cultural Education recommends that a provisional charter be granted for a period of five years.

THE PINE HOLLOW ARBORETUM

Slingerlands, Albany County

The board of trustees has petitioned the Board of Regents to form a corporation to preserve, manage and enhance native and introduced species of trees, shrubs and other plants in a natural and aesthetic environment; introduce rare or endangered plant species to promote their preservation; alter local environments in limited ways to control invasive species, enhance plant species viability and maintain aesthetic relationships;  allow for the co-existence of animal and plant life insofar as possible in promoting the existence of that plant life selected by the corporation; promote and assist in education, research and public understanding involving trees, shrubs and other plants in an environmentally sound landscape; and showcase the aesthetic, historic, scientific, environmental, conservation and educational value of grouping of various plant species.  The Office of Cultural Education recommends that a provisional charter be granted for a period of five years.

DISSOLUTION OF CHARTER

D.R. EVARTS LIBRARY

Athens
, Greene County

A provisional charter was granted to this corporation by action of the Board of Regents on March 12, 1908 to operate a public library.  Such provisional charter was made absolute by Regents action on February 26, 1914.  The board of trustees has petitioned the Board of Regents for the dissolution of the charter as the corporation is no longer in operation and all taxes payable by the corporation have been paid.  The trustees request Regents approval of the transfer of the library assets of D.R. Evarts Library to the D.R. Evarts Library District, which was incorporated by action of the Board of Regents under an absolute charter in the first instance on February 8, 2005.  The Office of Cultural Education recommends that the absolute charter of the D.R. Evarts Library be dissolved and that its library property be transferred to the D.R. Evarts Library District.

THE NATIONAL SPEEDSKATING MUSEUM AND HALL OF FAME

Saratoga
Springs, Saratoga County

A provisional charter was granted to this corporation under the corporate name “Speedskating Hall of Fame” by action of the Board of Regents on February 12, 2002  to operate a museum on the origin, history and development of speedskating. Such provisional charter was amended by Regents action to change the corporate name to “The National Speedskating Museum and Hall of Fame” on February 11, 2003.   Such provisional charter was dissolved by Regents action on May 22, 2007 and approval given for the distribution of the corporation’s assets to The Pettit National Ice Center, Inc., a Wisconsin not-for-profit corporation.  It is requested that the Regents clarify their approval of the distribution of the corporation’s remaining assets to specify distribution of such assets to only The Pettit National Ice Center, Inc., a Wisconsin not-for-profit corporation, and to delete the incorrect reference to “the U.S. Government in care of” in the May 22, 2007 Regents Dissolution of Charter.  The Office of Cultural Education recommends that the Regents approval be clarified accordingly.


ELEMENTARY, MIDDLE, SECONDARY AND CONTINUING EDUCATION

ABSOLUTE CHARTER

MIZZENTOP
DAY SCHOOL

Pawling, Dutchess County

A provisional charter was granted to this corporation by action of the Board of Regents on November 6, 1998 to operate a nursery school, kindergarten, and a grades one through three elementary school. Such provisional charter was amended and extended by Regents action on February 6, 2001. The board of trustees has applied for an amendment to the provisional charter to change the corporate address to 64 East Main Street, Pawling, New York, 12564 and as so amended, for an absolute charter.   The Office of Nonpublic School Services recommends that the provisional charter be amended accordingly and, as so amended, be made absolute.

AMENDMENT OF CHARTERS

BROOKLYN
AMITY SCHOOL

Brooklyn, Kings County

A provisional charter was granted to this corporation by action of the Board of Regents under the corporate name “Tolerance Academy of America” on November 6, 1998 to operate a kindergarten, and a grade one through twelve school.  Such provisional charter was amended by Regents action on July 16, 1999 to change the corporate name to “Brooklyn Amity School” and was extended by Regents action on February 8, 2000, April 29, 2003, and May 23, 2006.  The board of trustees has applied for an amendment to the provisional charter to add authority for the corporation to also operate at 1501 Hendrickson Street, Brooklyn, New York 11234.  The Office of Nonpublic School Services recommends that the provisional charter be amended accordingly.

THE CANANDAIGUA MONTESSORI SCHOOL

Canandaigua
, Ontario
County

A provisional charter was granted to this corporation by action of the Board of Regents on December 15, 1978 to operate a nursery school and kindergarten.  Such provisional charter was extended by Regents action on June 25, 1982, January 17, 1990, and July 23, 1993.  Such provisional charter was amended by Regents action on September 20, 1996 to add authority to operate a grade one and, as so amended, extended and further extended on February 8, 2000 and February 23, 2004. The board of trustees has applied for an amendment to the provisional charter to add authority for the corporation to also operate grades two through six and a before and after school care program and, as so amended, be extended.  The Office of Nonpublic School Services recommends that the provisional charter be amended accordingly and, as so amended, extended for a period of three years to allow the corporation additional time to develop its programs and otherwise demonstrate that it can meet the requirements for an absolute charter.

CHILDREN OF MARY NURSERY KINDERGARTEN

West Haverstraw, Rockland County

A provisional charter was granted to this corporation by action of the Board of Regents on April 27, 1984 to operate a nursery school program.  Such provisional charter was made absolute by Regents action on April 22, 1988.  The board of trustees has applied for an amendment to the absolute charter to add authority for the corporation to also operate a day care center.  The Office of Nonpublic School Services recommends that the absolute charter be amended accordingly.

FRENCH
AMERICAN SCHOOL OF NEW YORK

Larchmont, Westchester County

A provisional charter was granted to this corporation by action of the Board of Regents on November 20, 1980 to operate a nursery through grade six school.  Such provisional charter was made absolute by Regents action on December 16, 1983 and amended by Regents action on January 22, 1986, May 20, 1988, May 24, 1991, and February 10, 1998.  The board of trustees has applied for an amendment to the absolute charter to add authority for the corporation to also operate grades eleven through twelve.  The Office of Nonpublic School Services recommends that the absolute charter be amended accordingly.

LONG
ISLAND AMITY SCHOOL

Bay Shore, Suffolk County

A provisional charter was granted to this corporation by action of the Board of Regents on February 14, 2006 to operate a kindergarten, and a grade one through eight school.  The board of trustees has applied for an amendment to the provisional charter to add authority for the corporation to also operate a pre-kindergarten and grades nine through twelve.  The Office of Nonpublic School Services recommends that the provisional charter be amended accordingly.

SOUTH
BUFFALO CATHOLIC SCHOOL

Buffalo
, Erie County

A provisional charter was granted to this corporation by action of the Board of Regents under the corporate name “Trinity Catholic Academy” on September 10, 2004 to operate a pre-kindergarten, kindergarten and a grade one through eight elementary school.  Such provisional charter was amended to include a name change to the “South Buffalo Catholic School” and, as so amended, extended by Regents action on May 23, 2006.   The board of trustees has applied for an amendment to the provisional charter to add authority for the corporation to also operate at Ambrose Catholic Academy site, 260 Okell Street, Buffalo, New York 14220, to delete the incorrect location reference “Niagara Falls” in the May 23, 2006 amendment, and to substitute an updated list of Members and Trustees of the corporation and, as so amended, be extended.  The Office of Nonpublic School Services recommends that the provisional charter be amended accordingly and, as so amended, extended for a period of three years to allow the corporation additional time to develop its programs and otherwise demonstrate that it can meet the requirements for an absolute charter.

PROVISIONAL CHARTERS

THE AMERICAN JEWISH DAY SCHOOL OF LONG ISLAND

Rockville Centre, Nassau County

The board of trustees has petitioned the Board of Regents to form a corporation to operate a pre-kindergarten, kindergarten, and a grades one through eight elementary school.  The Office of Nonpublic School Services recommends that a provisional charter be granted for a period of three years.

LURIA
ACADEMY OF BROOKLYN

Brooklyn, Kings County

The board of trustees has petitioned the Board of Regents to form a corporation to operate a preschool, kindergarten, grades one through six elementary school, and after school activities for children ages six through twelve years of age. The Office of Nonpublic School Services recommends that a provisional charter be granted for a period of three years.

MAGGIE ALSTON EARLY LEARNING CENTER

Bronx, Bronx County

The board of trustees has petitioned the Board of Regents to form a corporation to operate a nursery school for preschool children from three to five years of age, with and without disabilities, a universal pre-k program for four year olds, a kindergarten for five year olds, with and without disabilities, and day care centers in Bronx County.  The Office of Vocational and Educational Services for Individuals with Disabilities (VESID) has been provided with an opportunity to review this action and the trustees have been advised that the granting of a provisional charter does not constitute approval for state funding for programs and services under the jurisdiction of VESID.  The Office of Nonpublic School Services recommends that a provisional charter be granted for a period of three years.

OXFORD
CHRISTIAN ACADEMY

Jamaica
, Queens County

The board of trustees has petitioned the Board of Regents to form a corporation to operate a kindergarten for five year olds, and a grades one through six elementary school.  The Office of Nonpublic School Services recommends that a provisional charter be granted for a period of three years.

PROMISE
LUTHERAN DAY SCHOOL

Baldwin, Nassau County

The board of trustees has petitioned the Board of Regents to form a corporation to operate a kindergarten through grade eight school for children of varying abilities, including children with special needs, gifted and/or disabled.  The Office of Vocational and Educational Services for Individuals with Disabilities (VESID) has been provided with an opportunity to review this action and the trustees have been advised that the granting of a provisional charter does not constitute approval for state funding for programs and services under the jurisdiction of VESID.  The Office of Nonpublic School Services recommends that a provisional charter be granted for a period of three years.

RIVER OF LIFE CHRISTIAN ACADEMY

Saugerties
, Ulster
County

The board of trustees has petitioned the Board of Regents to form a corporation to operate a grade nine through twelve school. The Office of Nonpublic School Services recommends that a provisional charter be granted for a period of three years.

EXTENSION OF PROVISIONAL CHARTERS

BROOKLYN
FREE SCHOOL

Brooklyn, Kings County

A provisional charter was granted to this corporation by action of the Board of Regents on November 5, 2004 to operate a pre-kindergarten through twelve school.  The board of trustees has petitioned for an extension of the provisional charter.  The Office of Nonpublic School Services recommends that the provisional charter be extended for a period of three years to allow the corporation additional time to develop its programs and otherwise demonstrate that it can meet the requirements for an absolute charter.

JAMAICA
MONTESSORI ASSOCIATES

Jamaica
, Queens County

A provisional charter was granted to this corporation by action of the Board of Regents on January 12, 2004 to operate and maintain special education and ancillary educational programs and services for pre-school and school-age children with disabilities.  The board of trustees has petitioned for an extension of the provisional charter.  The Office of Nonpublic School Services recommends that the provisional charter be extended for a period of three years to allow the corporation additional time to develop its programs and otherwise demonstrate that it can meet the requirements for an absolute charter.

HIGHER AND PROFESSIONAL EDUCATION

AMENDMENT OF CHARTER

HELENE
FULD COLLEGE OF NURSING OF NORTH GENERAL HOSPITAL

New York City
, New York
County

A provisional charter was granted to this corporation under the corporate name “Helene Fuld School of Nursing of the Hospital for Joint Diseases” by action of the Board of Regents on September 25, 1964 to operate, maintain and conduct a school to educate men and women for the profession of nursing.  Such provisional charter was amended and made absolute by Regents action on September 26, 1975.  Such absolute charter was amended by Regents action on June 19, 1980, to change the corporate name to “Helene Fuld School of Nursing of Joint Diseases North General Hospital;” May 24, 1985; and April 26, 1991, to change the corporate name to “Helene Fuld School of Nursing of North General Hospital.  Such absolute charter was last amended by Regents action on February 7, 1996 to include a name change to “Helene Fuld College of Nursing of North General Hospital.”  The College and its affiliated North General Hospital have agreed to legally separate from each other so that the Hospital no longer will have legal rights to participate in the election of College trustees or management of the business or affairs of the College.  The board of trustees has applied for an amendment to the absolute charter to change the corporate name to “Helene Fuld College of Nursing,” to remove all reference to the existence and/or rights of members, and to provide for corporate governance by means of a self-perpetuating College Board consisting of a range of seven to twenty-five trustees.  The Office of Professions recommends that the absolute charter be amended accordingly.

 

Appendix II

REGENTS ACTIONS IN 62 PROFESSIONAL DISCIPLINE CASES

AND 1 RESTORATION PETITION

July 25, 2007

              The Board of Regents announced disciplinary actions resulting in the surrender of 6 licenses, and 56 other disciplinary actions.  The penalty indicated for each case relates solely to the misconduct set forth in that particular case.  In addition, the Board acted upon 1 restoration petition.

I. SURRENDERS


Engineering and Land Surveying

              Ronald William Staub; Land Surveryor; 1260 Plank Road, Webster, NY 14580; Lic. No. 044621; Cal. No. 23214; Application to surrender license granted. Summary:  Licensee did not contest charges of practicing land surveying when not registered, failing to comply with State laws, rules, and regulations governing the practice of land surveying, and violating a term of probation imposed upon him by the New York State Board of Regents.


Nursing

              Magalie R. Remy; Licensed Practical Nurse, Registered Professional Nurse; 1550 East 45th Street, Brooklyn, NY 11234; Lic. Nos. 167444, 365930; Cal. Nos. 23433, 23434; Application to surrender license granted.  Summary:  Licensee admitted to charges of having been convicted of Attempted Grand Larceny in the  4th Degree and practicing the profession of nursing in the State of New York while her New York State nursing licenses were suspended.


Pharmacy

              Lakhram Mangar; Pharmacist; 76-43  270th Street, New Hyde Park, NY 11040; Lic. No. 038379; Cal. No. 23462; Application to surrender license granted.  Summary:  Licensee admitted to the charge of having been convicted of Criminal Diversion of Prescription Medications and Prescriptions in the 1st Degree, a class C felony.


Podiatry

              Daniel W. Merk; 229 Main Street, Hamburg, NY 14075; Lic. No. 002755; Cal. No. 23452; Application to surrender license granted.  Summary:  Licensee admitted to the charge of having been convicted of three (3) counts of Attempted Criminal Sale of a Prescription for a Controlled Substance.


Psychology

              Marc L. Miller; 4 Stauber Drive, Plainview, NY 11803; Lic. No. 005705; Cal. No. 22968; Application to surrender license granted.  Summary:  Licensee admitted to charges of, from late August 2001 until late September 2001, engaging in inappropriate physical contact with a person who was then a psychotherapy patient in his psychology practice, and telling said patient that he loved her; and, from late September 2001 until late December 2001, engaging in intimate physical contact of a sexual nature with the same person.

 

II. OTHER REGENTS DISCIPLINARY ACTIONS


Architecture

              Kenneth L. Kaefer; 712 Summit Avenue, Franklin Lakes, NJ 07417-1715; Lic. No. 012119; Cal. No. 23248; Application for consent order granted; Penalty agreed upon: 6 month actual suspension, 18 months stayed suspension, 2 years probation, $7,500 fine.


Clinical Laboratory Practitioner

              Lourdes Amanda Batallan; Clinical Laboratory Technician; 1605 Metropolitan Avenue, Bronx, NY 10462-6267; Cert. No. 000352; Cal. No. 23397; Application for consent order granted; Penalty agreed upon: Annulment of certificate to practice as a clinical laboratory technician.

              Sonia Bonilla; Clinical Laboratory Technician; 6610 Grand Avenue, Maspeth, NY 11378; Cert. No. 000505; Cal. No. 23398; Application for consent order granted; Penalty agreed upon: Annulment of certificate to practice as a clinical laboratory technician.

              KaushikS. Bhatt; Clincal Laboratory Technician; 2104 Melrose Parkway, Union, NJ 07083-4382; Cert. No. 000450; Cal. No. 23414; Application for consent order granted; Penalty agreed upon: Annulment of certificate to practice as clinical laboratory technician.

              Gladys Beltran; Clinical Laboratory Technologist; 721 Eagle Avenue, Bronx, NY 10455-1423; Lic. No. 003924; Cal. No. 23415; Application for consent order granted; Penalty agreed upon: Annulment of license to practice as a clinical laboratory technologist.


Dentistry

              Pamela Ann Michalski; Dental Hygienist; 1240 Bayshore Boulevard, Rochester, NY 14609; Lic. No. 011642; Cal. No. 23253; Application for consent order granted; Penalty agreed upon: Indefinite actual suspension of not less than 1 month and until fit to practice, upon return to practice, 2 years probation.

              Evan Stuart Barbakoff; Dentist; 34 Barnsley Crescent, Mt. Sinai, NY 11766; Lic. No. 043888; Cal. No. 23315; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $1,000 fine.

              William Patrick Bauer; Dentist; 84 Timberlane Drive, Williamsville, NY 14221; Lic. No. 044496; Cal. No. 23296; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $500 fine.

              William C. O’Donnell; Dentist; 262 South Street, Pittsfield, MA 01201; Lic. No. 033194; Cal. No. 23144; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $1,000 fine.

              Christopher Michael Bougopoulos; Dentist; 11 Bowers Landing Drive, Merrimack, NH 03054; Lic. No. 051048; Cal. No. 23385; Application for consent order granted; Penalty agreed upon: Censure and Reprimand, 1 year probation, $1,000 fine.


Engineering and Land Surveying

              Henry W. Hessing; Professional Engineer; 76 Paumanake Avenue, Babylon, NY 11702-1910; Lic. No. 053797; Cal. No. 21986; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $2,000 fine.


Massage Therapy

              Donna J. Gillespie; Massage Therapist; 16 Eatondale Avenue, Bluepoint, NY 11715; P.O. Box 687, 57 Sloop Walk, Ocean Beach, NY 11770; Lic. No. 002452; Cal. No. 22772; Application for consent order granted; Penalty agreed upon: Indefinite actual suspension and until fit to practice – upon return to practice, 2 years probation, $500 fine.

              EarlayneE. Castronova a/k/a Lannie B.Castronovaa/k/a Lannie E. Castronova a/k/a Lannie E. Thoman; Massage  Therapist; Albion Correctional Facility, 3595 State School Road, Albion, NY 14411-9399; P.O. Box 781; 5904 Pickerel Point, Honeoye, NY 14471; Lic. No. 013806; Cal. No. 23373; Application for consent order granted; Penalty agreed upon: Indefinite actual suspension of not less than 9 months, upon return to practice, 2 years probation.

Nursing

              Gena Laferiere; Licensed Practical Nurse; 89-20 209th Street, Queens Village, NY 11427; Lic.No. 225978; Cal. No. 21838; Application for consent order granted; Penalty agreed upon: 1 month actual suspension, 23 months stayed suspension, 2 years probation, $500 fine.

              Robert Henn; Licensed Practical Nurse, Registered Professional Nurse; 36 Brewster Road West, Massapequa, NY 11758; Lic.Nos. 221534, 445097; Cal. Nos. 22861, 22860; Application for consent order granted; Penalty agreed upon: 3 month actual suspension, 21 months stayed suspension, 2 years probation, $1,000 fine.

              Jeannette Brisco; Licensed Practical Nurse; P.O. Box 680, Bronx, NY 10473-0680; Lic.No. 074929; Cal. No. 23010; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $500 fine.

              Gail M. Jubak; Licensed Practical Nurse; 75 Thompson Street, Catskill, NY 12414; Lic.No. 268101; Cal. No. 23018; Found guilty of professional misconduct; Penalty: Indefinite suspension as set forth in Regents Review Committee report, upon termination of suspension, probation 2 years. 

              David J. Derry; Registered Professional Nurse; 152 Third Avenue, Rensselaer, NY 12144; Lic.No. 541145; Cal. No. 23095; Found guilty of professional misconduct; Penalty: 24 month suspension, execution of suspension stayed, probation 24 months.

              Chester N. Rothenberg; Licensed Practical Nurse, Registered Professional Nurse; 141-10 25th Road, Flushing, NY 11354-1201; Lic. Nos. 099288, 353555; Cal. Nos. 23119, 23114; Application for consent order granted; Penalty agreed upon: 1 month actual suspension, 23 months stayed suspension, 2 years probation.

              Nelia Pares; Registered Professional Nurse; 853 Ester Avenue, Teaneck, NJ 07666; Lic.No. 366380; Cal. No. 23136; Application for consent order granted; Penalty agreed upon: 1 month actual suspension, 23 months stayed suspension, 2 years probation.

              Jean Renee Coté; Licensed Practical Nurse, Registered Professional Nurse; 40 Route 236, Clifton Park, NY 12065; 60 Ontario Street, Albany, NY 12206; Lic. Nos. 238799, 469344; Cal. Nos. 23177, 23178; Application for consent order granted; Penalty agreed upon: Indefinite actual suspension of no less than 3 months with leave to apply for a stay of the suspension upon submission of satisfactory proof of fitness to practice, upon return to practice, 2 years probation.

              Loretta M. Schneider; Licensed Practical Nurse; 210 Shore Road, Long Beach, NY 11561; Lic.No. 088206; Cal. No. 23179; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation.

              Anthony Jerome Butler; Licensed Practical Nurse; 390 Vernon Avenue, Brooklyn, NY 11206; Lic.No. 254701; Cal. No. 23286; Application for consent order granted; Penalty agreed upon: 6 month actual suspension, 18 months stayed suspension, upon return to practice, 2 years probation, $250 fine.

              Joyce H. Teal; Registered Professional Nurse; 2 Morris Road, Schenectady, NY 12304; Lic.No. 352008; Cal. No. 23288; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $500 fine.

              Frank Rivera; Registered Professional Nurse; 83 Union Avenue, Islip, NY 11751; Lic.No. 399062; Cal. No. 23289; Application for consent order granted; Penalty agreed upon: 1 month actual suspension, 23 months stayed suspension, 2 years probation, $500 fine.

              Deanna L. Haller; Registered Professional Nurse; 10 Jackson Place, Fairport, NY 14450; Lic.No. 493488; Cal. No. 23294; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $500 fine.

              Catherine Holly Gürsel; Registered Professional Nurse; 3630 Gatewood Drive, Pensacola, FL 32514; Lic.No. 445126; Cal. No. 23310; Application for consent order granted; Penalty agreed upon: Indefinite actual suspension and until fit to practice, upon return to practice, 2 years probation.

              Myrtle Ruth Webster; Licensed Practical Nurse; RD 1, Box 110C, Millerton, PA 16936; Lic.No. 137973; Cal. No. 23314; Application for consent order granted; Penalty agreed upon: 3 month actual suspension, 21 months stayed suspension, 2 years probation, $250 fine. 

              Jody Lebentritt; Registered Professional Nurse; 2998 Tibbits Avenue, Troy, NY 12180; Lic.No. 316179; Cal. No. 23318; Application for consent order granted; Penalty agreed upon: Indefinite actual suspension and until fit to practice, upon return to practice, 2 years probation, $500 fine.

              Jessica Lee DiMartin; Licensed Practical Nurse; 310 South Frankfort Street, Frankfort, NY 13340; Lic.No. 273409; Cal. No. 23320; Application for consent order granted; Penalty agreed upon: 6 month actual suspension, 18 months stayed suspension, upon return to practice, 2 years probation.

              John Herbert Penner; Registered Professional Nurse; 189 Rolling Street, Malverne, NY 11565; Lic. No. 408932; Cal. No. 23324; Application for consent order granted; Penalty agreed upon: 6 month actual suspension, 18 months stayed suspension, 2 years probation.

              Robin Louise Lancaster; Licensed Practical Nurse; 110 Pine Street, East Rochester, NY 14445; Lic.No. 228806; Cal. No. 23333; Application for consent order granted; Penalty agreed upon: 6 month actual suspension, 30 months stayed suspension, upon return to practice, 3 years probation.

              Sandra G. Draves; Registered Professional Nurse; 54 Grant Boulevard, Lackawanna, NY 14218; Lic.No. 499723; Cal. No. 23337; Application for consent order granted; Penalty agreed upon: Indefinite actual suspension of no less than 6 months and until fit to practice, upon return to practice, 2 years probation.

              Ginae A. Lee; Licensed Practical Nurse; 40 Third Street, Rochester, NY 14605-2444; Lic.No. 254562; Cal. No. 23350; Found guilty of professional misconduct; Penalty: Indefinite suspension until successfully participates in a course of treatment, upon termination of suspension, probation 2 years upon return to practice,  $250 fine.

              Vivienne A. Esty-Fenton; Licensed Practical Nurse, Registered Professional Nurse; 2941 Bronxwood Avenue, Bronx, NY 10469; Lic. Nos. 169926, 394320; Cal. Nos. 23363, 23364; Application for consent order granted; Penalty agreed upon: 2 month actual suspension, 22 months stayed suspension, 2 years probation.

              Karen Wollam; Registered Professional Nurse; 390 Bay Avenue, Patchogue, NY 11722; Lic.No. 255220; Cal. No. 23365; Application for consent order granted; Penalty agreed upon: 3 month actual suspension, 21 months stayed suspension, upon return to practice, 2 years probation.

              Sandra Marie Lubinski; Registered Professional Nurse; 830 Campbell Road, Bullhead City, AZ 86429-8935;Lic.No. 452731; Cal. No. 23366; Application for consent order granted; Penalty agreed upon: Indefinite actual suspension and until fit to practice, upon return to practice, 2 years probation, $500 fine.

              Tracey Louise Napoli; Registered Professional Nurse; 223 Layton Road, Stanfordville, NY 12581; Lic.No. 545066; Cal. No. 23370; Application for consent order granted; Penalty agreed upon: Indefinite actual suspension of no less than 2 months and until fit to practice, upon return to practice, 2 years probation.

              Beatrice A. Goodman; Licensed Practical Nurse, Registered Professional Nurse; 1782 Hechscher Avenue, Bayshore, NY 11706; Lic. Nos. 191890, 517212; Cal. Nos. 23371, 23372; Application for consent order granted; Penalty agreed upon: 18 month actual suspension, 18 months stayed suspension, 3 years probation.

              Mary J. Brazier; Registered Professional Nurse; 12629 North 39th Drive, Phoenix, AZ 85029-1902; Lic. No. 284760; Cal. No. 23395; Application for consent order granted; Penalty agreed upon: Indefinite actual suspension and until fit to practice, upon return to practice, 2 years probation.

              Karleen Bordonaro; Registered Professional Nurse; 178 Sunshine Drive, Buffalo, NY 14228-1961; Lic.No. 553740; Cal. No. 23407; Application for consent order granted; Penalty agreed upon: 1 month actual suspension, 11 months stayed suspension, upon return to practice, 1 year probation, $500 fine.

 

Pharmacy

              Tracy S. Heaton; 36 Country Club Drive, New York Mills, NY 13417; Lic.No. 038686; Cal. No. 21681; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $1,000 fine.

              NCS Healthcare of New York, Inc.; Retail Pharmacy; 8378 Seneca Turnpike, New Hartford, NY 13413; Reg. No.023591; Cal. No. 21682; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $15,000 fine.

              Advance Pharmaceutical Inc.; Manufacturer; 2201-F Fifth Avenue, Ronkonkoma, NY 11779; Reg. No.020005; Cal. No. 22885; Application for consent order granted; Penalty agreed upon: Stayed revocation, 2 years probation, $50,000 fine.

              Martin H. Leff; 118 Greenway Drive South, Syosset, NY 11791; Lic.No. 029567; Cal. No. 23308; Application for consent order granted; Penalty agreed upon: 3 year actual suspension, upon return to practice, 3 years probation with respondent not to work as a supervising pharmacist during the first year of probation, $2,000 fine.

              Salvatore M. Motisi; 36 Woodland Avenue, Farmingdale, NY 11735-1640; Lic.No. 030938; Cal. No. 23322; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $2,500 fine.

Psychology

              Jeffrey A. Lipner; 24 Jill Drive, Commack, NY 11725; Lic.No. 006354; Cal. No. 23362; Application for consent order granted; Penalty agreed upon: 9 month actual suspension, 15 months stayed suspension, 2 years probation, $2,500 fine.

Public Accountancy

              Patrick John Monachino; Certified Public Accountant; 60 Pitney Avenue, Staten Island, NY 10309; Lic.No. 088854; Cal. No. 23332; Application for consent order granted; Penalty agreed upon: Indefinite actual suspension of no less than 2 years and until fit to practice, upon return to practice, 2 years probation, $5,000 fine.

Respiratory Therapy

              Stephen Joseph Dzierzanowski; Respiratory Therapist; 85 Boynton Avenue, West Seneca, NY 14206; Lic.No. 000679; Cal. No. 23302; Application for consent order granted; Penalty agreed upon: 2 year actual suspension with leave to apply for early termination after not less than 2 months, upon return to practice, 2 years probation, $500 fine.

              Ramiro Villarreal, Jr.; Respiratory Therapist;P.O. Box297, Falconer, NY 14733-1614; Lic.No. 005752; Cal. No. 23338; Application for consent order granted; Penalty agreed upon: Indefinite actual suspension of not less than 3 months and until fit to practice, upon return to practice, 2 years probation, $500 fine.

Social Work

              Francine R. Walsh; Licensed Clinical Social Worker; 105 North Montgomery Street, Valley Stream, NY 11580; Lic.No. 035556; Cal. No. 23059; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation.

 III. RESTORATIONS

The Board of Regents voted on July 25, 2007 to stay the order of revocation of the physician license of Paul Isaacs, 4303 223rd Street, 3rd Floor, Bayside, New York  11361, for five years, place him on probation for five years under specified terms and conditions, and upon satisfactory completion of the probationary period, fully restore his license. Dr. Isaacs’ license was originally surrendered effective August 14, 1998.