Skip to main content

Search Google Appliance

Search Google Appliance

ACTION ITEMS

 

 

 

 


NYSED Seal

 

 

 

 

 



                      SUMMARY OF THE SEPTEMBER MEETING

 

                                OF THE BOARD OF REGENTS

 

                                                     OF

 

                THE UNIVERSITY OF THE STATE OF NEW YORK

 

 

 

 

 

 

 

                         Held at the State Education Building

Albany, New York

 

 

                                   September 8 and 9, 2005

 

 

 

 

 

 

                                             David Johnson, Secretary

                                                    Board of Regents



 

THE BOARD OF REGENTS

 

          The Board of Regents of The University of the State of New York held a public session on Thursday, September 8 at 10:00 a.m., and Friday, September 9 at 10:15 a.m., pursuant to a call duly sent to each Regent.

 


MEETING OF THE FULL BOARD, Thursday, September 8, 10:00 a.m.

 


Board Members in Attendance:

 

Robert M. Bennett, Chancellor

Saul B. Cohen

James C. Dawson

Anthony S. Bottar

Merryl H. Tisch

Geraldine D. Chapey

Arnold B. Gardner

Harry Phillips, 3rd

Joseph E. Bowman, Jr.

Lorraine Cort�s-V�zquez

James R. Tallon, Jr.

Milton L. Cofield

Roger B. Tilles

 

          Also present were the President of The University and Commissioner of Education, Richard P. Mills, Chief of Staff and Counsel and Deputy Commissioner for Legal Affairs, Kathy A. Ahearn, and the Secretary, Board of Regents, David Johnson.  Vice Chancellor Adelaide L. Sanford and Regents John Brademas and Carol Bellamy were absent and excused.

 

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

 

 


 

Executive Session Motion

 

         

MOVED,

that the Board of Regents convene in Executive Session on Friday, September 9 at 8:00 a.m. for the purpose of discussing pending litigation and a personnel matter.



 

          Motion by:             Regent Saul B. Cohen

        

Seconded by:

        Regent James C. Dawson

        

Action:        

          Motion carried unanimously

 

         

Summary of the July 2005 Meeting

BR (A) 2

 


          MOVED,

that the Summary of the July 2005 Meeting of the Board of Regents of The University of the State of New York be approved.

 


          Motion by:            

Regent Joseph E. Bowman, Jr.

         

Seconded by:       

Regent Milton L. Cofield


          Action:                  

Motion carried unanimously

 

 

State Education Department July and August 2005 Fiscal Reports

BR (A) 6

 

          The Board received for review and acceptance the July and August 2005 Fiscal Reports.  A Variance Report is included, adjusting expenditures to reflect the beginning of the new Federal fiscal year on July 1.

 

          General fund accounts are in structural balance with the exception of the tenured teacher program.  The unmet 2004-05 tenured teacher hearing costs were deferred to the 2005-06 State fiscal year and were paid with 2005-06 funds.

 

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

 

          During discussion it was agreed that a copy of the most recent single audit report would be distributed to Board members.

 

         

MOVED,

that the Board of Regents accept the July and August 2005 State Education Department Fiscal Reports as presented.

 

         

Motion by:

             Regent James C. Dawson

         

Seconded by:       

Regent Joseph E. Bowman, Jr.

         

Action:

                   Motion carried unanimously

 



 

Appointments to the Regents Advisory Council on Libraries

BR (A) 4

 

         

MOVED,

that Leonard D�Amico be appointed and Samuel Simon, who had previously filled an unfilled term for two years, be reappointed to the Regents Advisory Council on Libraries beginning October 1, 2005 and ending September 30, 2010.

 

         

Motion by:

             Regent James C. Dawson

         

Seconded by:

        Regent Arnold B. Gardner

         

Action:

                   Motion carried unanimously

 

 

 

Commissioner�s Report to the Board

 

           
The Commissioner�s written monthly report focused on eight subject areas the Board will vote upon or discuss during the monthly meeting: USNY Strategies to Close the Gap; USNY Summit, November 2; High Schools of the Future; Annual Charter School Report; 2006-07 Budget Recommendation; Policy Decision on State Aid; Annual Report from the State Professional Standards and Practices Board for Teaching; and, 2005 SAT results.

 

 

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

BR (D) 1

 

David A. Caputo, Co-Chair, reviewed a summary of accomplishments of the State Professional Standards and Practices Board for Teaching for the time period September 2004 through June 2005.

 

          In discussion, Board members questioned and raised issues regarding full-time/part-time faculty, concentration of membership on the Standards Board from two areas, thoughts regarding the creation of incentives to encourage candidates as teaching standards increase, need to consider teaching as a licensed professional in statute, and, questioning whether teaching candidates are now more highly qualified initially.  The Co-Chair was also asked to consider how the Standards Board might assist in reducing math and science teacher shortages.



 


MEETING OF THE FULL BOARD. Friday, September 9, 10:15 a.m.


 


Board Members in Attendance:


 

Robert M. Bennett, Chancellor

Adelaide L. Sanford, Vice Chancellor

Saul B. Cohen

James C. Dawson

Geraldine D. Chapey

Arnold B. Gardner

Harry Phillips, 3rd

Joseph E. Bowman, Jr.

Lorraine Cort�s-V�zquez

James R. Tallon, Jr.

Roger B. Tilles

 

          Also present were the President of The University and Commissioner of Education, Richard P. Mills, Chief of Staff and Counsel and Deputy Commissioner for Legal Affairs, Kathy A. Ahearn, and the Secretary, Board of Regents, David Johnson.  Regents Anthony S. Bottar, Merryl H. Tisch, John Brademas, Milton L. Cofield and Carol Bellamy were absent and excused.

 

          Chancellor Bennett called the meeting to order at 10:15 a.m.

 

 


ACTION ITEMS


 

 

Regents 2006-07 Conceptual Proposal on State Aid to School Districts

BR (A) 3

SA (A) 1

 

          The Board reviewed the 2006-07 conceptual proposal for State Aid to School Districts.  The detailed proposal will be submitted to the Board for action in October.

 

          This proposal expands upon the multi-year funding system initiated two years ago that is based on a Foundation Aid program that adjusts for differences in school district pupil needs and regional costs.

 



 

    
     MOVED, that the Board of Regents approve the conceptual proposal on State Aid to school districts for school year 2006-07.

 

         

Motion by:

             Regent Geraldine D. Chapey

         

Seconded by:

        Regent Roger B. Tilles


          Action:

                   Motion carried unanimously

 

 

2006-2007 Budget Development Process

BR (A) 5

 

          The Board reviewed for approval the Department�s 2006-07 Budget Proposal including, as an amendment, a proposal for a strategic technology initiative.

 

          The strategic technology initiative proposal requests $500,000 in funding for an Office of Educational and Academic Technology, including funds for staff, technology, grants (via RFP) and research.  The request will be included under Regents Goal 5, Enhancing SED Staffing Capacity.

 

         

MOVED,

that the Board of Regents approve the State Education Department�s 2006-07 Budget Proposal, including the strategic technology initiative.

 

         

Motion by:

             Regent Geraldine D. Chapey

         

Seconded by:

        Regent Joseph E. Bowman, Jr.

         

Action:

                   Motion carried unanimously

 

 

Proposed Amendment to the Rules of the Board of Regents relating to the Chief of Staff and the Counsel of the State Education Department

BR (A) 7

 

         

MOVED,

that sections 3.8 and 3.9 of the Rules of the Board of Regents be amended, as submitted, effective September 13, 2005, as an emergency action upon a finding by the Board of Regents that such action is necessary for the preservation of the general welfare in order to ensure that the Rules of the Board of Regents are immediately brought into conformance with changes in the Department�s internal organization relating to the elimination of the position of Chief of Staff, so as to ensure that the Counsel may carry out her duties and responsibilities in a timely and efficient manner, including those relating to Counsel�s designation as the deputy commissioner of education under Education Law section 101.

 


          Motion by:            

Regent Saul B. Cohen

         

Seconded by:

        Regent Geraldine D. Chapey

         

Action:

                   Motion carried unanimously

 

Continuing Efforts of USNY to Close the Gap in Student Academic Performance

BR (D) 2

 

          The Board received an update on activities and interventions implemented or supported by the Department to better align accountability systems and direct needed technical assistance and support to urban schools and districts, and to other high need schools and districts identified through the State accountability systems.  Staff representing all Department program offices participated, responding to questions and offering information.

 

          In discussion, Board members comments included: New York Online Virtual Electronic Library (NOVEL) unavailability in fifty percent of schools is of great concern; consider codifying Hempstead UFSD intervention strategies across State in schools of need; concern regarding the elimination of art instruction in some districts; and, students must have a fiscal understanding of maintaining a household and an understanding of the global economy.

 

 


MISCELLANEOUS


 

Marge A. Tierney Scholarship Award

 

          The first annual Marge A. Tierney Scholarship Award was presented.  Established by staff of the State Education Department, in memory of a colleague who dedicated her 33 year career to assisting individuals with disabilities, this award will be presented annually to an individual with a disability enrolled in a graduate program in rehabilitation counseling.

 

          Ms. Kyle Garrity was presented the 2005 Marge A. Tierney Scholarship Award.  Ms. Garrity received a check in the amount of $1,000.

 

 

2005 Yavner Awards for Teaching About the Holocaust

 

          The late Regent Emeritus Louis E. Yavner established and funded the Louis E. Yavner Citizen Award and the Yavner Teaching Award.  These annual awards recognize teachers and private citizens who have made outstanding contributions to teaching about the Holocaust and other violations of human rights.

 

          Mr. Patrick E. Connelly, a theology teacher at Aquinas Institute, Rochester, was presented the 2005 Yavner Teaching Award.  Mr. Connelly received a formal citation and a check in the amount of $250.

 

          Ms. Sally Frishberg, a Holocaust survivor, community and museum volunteer, and former teacher, from Brooklyn was presented the 2005 Louis E. Yavner Citizen Award.  Ms. Frishberg received a formal citation and a check in the amount of $250.

 

 


STANDING COMMITTEE REPORTS

 

         

MOVED,

that the Board of Regents approve the charter actions relating to Cultural Education [BR (A) 1].

         


Motion by:

             Regent James C. Dawson


Seconded by:       

Regent Saul B. Cohen


Action:

                   Motion carried unanimously

 

 

         

MOVED,

that the Board of Regents approve the distribution of a letter to members of the New York Congressional Delegation in support of Senate bill 1389, the USA PATRIOT Improvement and Reauthorization Act of 2005.

 

         

Motion by:

             Regent James C. Dawson

         

Seconded by:

        Regent Geraldine D. Chapey

         

Action:                  

Motion carried unanimously

 

 

         

MOVED,

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

 

         

Motion by:

             Regent Joseph E. Bowman, Jr.

         

Seconded by:

        Regent James C. Dawson

         

Action:        

          Motion carried unanimously

 

 




 


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

 

           
Your EMSC-VESID Committee held its scheduled meeting on September 8, 2005.  All members were present.

 

ACTION ITEMS


 


Regulations

 

      
Your Committee recommends that sections 136.1, 136.2 and 136.3 of the Regulations of the Commissioner of Education relating to school health services be amended, as submitted, effective September 29, 2005.  [EMSC-VESID (A) 1]

 

      
Your Committee recommends that section 175.5 of the Regulations of the Commissioner of Education relating to the use of superintendents� conference days be amended, as submitted, effective September 29, 2005.  [EMSC-VESID (A) 2]

 

      
Your Committee recommends that Part 105 of the Regulations of the Commissioner of Education relating to the composition of boards of education of special act school districts be added, as submitted, effective September 29, 2005.  [EMSC-VESID (A) 3]

 

      
Your Committee recommends that Part 105 of the Regulations of the Commissioner of Education relating to the composition of boards of education of special act school districts be added, as submitted, effective September 13, 2005, as an emergency action in order to immediately establish a process for the appointment of qualified public members to boards of education of each special act school district, so that they may timely assume their duties during the 2005-2006 school year, and thereby ensure public accountability for educational services and use of public funds, consistent with Chapters 628 and 629 of the Laws of 2004.  [EMSC-VESID (A) 3]

 

      
Your Committee recommends that subparagraph (iv) of paragraph (4) and subparagraphs (i), (v) and (vi) of paragraph (7) of subdivision (x) and subparagraph (iii) of paragraph (1) of subdivision (dd) of section 100.2 of the Regulations of the Commissioner of Education be amended; that Part 101 be repealed; that subdivisions (e), (s), (t), (x), (dd), (ii), (oo), (qq), (ss), (ww), (zz), (ccc) and (fff) of section 200.1 be amended and new subdivisions (hhh), (iii), (jjj) and (kkk) of section 200.1 be added; that subdivisions (a), (b), (d), (e) and (h) of section 200.2 be amended and a new subdivision (j) be added to section 200.2; that sections 200.3, 200.4 and 200.5 be amended; that a new subdivision (m) be added to section 200.6; that paragraph (4) of subdivision (c) and subdivision (d) of section 200.7 be amended; that subdivisions (d) and (e) of section 200.14 be amended; that section 200.16 be amended; that subdivision (k) of section 201.2 be amended and a new subdivision (m) be added and subdivisions (m) through (r) of section 201.2 be relettered as (n) through (s); that sections 201.3, 201.4 and 201.5 be amended; that subdivisions (d) and (e) of section 201.7 be amended and a new subdivision (f) be added to section 201.7; that section 201.8 be amended; that subdivisions (b) and (c) of section 201.9 be amended; that subdivisions (c), (d) and (e) of section 201.10 and subdivisions (b) and (d) of section 201.11 be amended, as submitted, effective September 13, 2005, as an emergency action in order to immediately conform the Commissioner's Regulations regarding the provision of special education services to the requirements of the federal Individuals with Disabilities Education Act (IDEA), as amended by Public Law 108-446, and Chapter 352 of the Laws of 2005, so that such requirements may be timely implemented during the 2005-2006 school year, and thereby ensure the rights of students with disabilities and their parents consistent with Federal and State statutes and ensure compliance with requirements for receipt of Federal funds.  [EMSC-VESID (A) 5]

 

      
Your Committee recommends that sections 100.3, 100.4, and 80-5.12 of the Regulations of the Commissioner of Education relating to general education and assessment requirements for grades pre-kindergarten through grade 4 and grades 5 through 8 be amended, as submitted, effective September 29, 2005.  [EMSC-VESID (CA) 1]

 

 

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

 


Charter Schools

 

      
Your Committee recommends that the application for the Rison Academy of Art Charter School, Mount Vernon, be denied.  [EMSC-VESID (A) 6]

 

      
Your Committee recommends that the 2003-04 Annual Report to the Governor, the Temporary President of the Senate, and the Speaker of the Assembly on the Status of Charter Schools in New York State be approved.  [EMSC-VESID (A) 4]

 

Comments by Board members included the following:  appreciation for receiving a draft copy of the report in advance to review and submit comments; concern about not receiving any feedback on the annual reports and the recommendations of the Regents contained in them; the need to look at best practices in successful charter schools, with the caveat of looking at the track record of all charter schools under a specific management partner; and the need to monitor more closely access of students with disabilities and English language learners to charter schools.

 

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 September 8, 2005, copies of which have been distributed to each Regent.

 

MATTERS NOT REQUIRING BOARD ACTION

 

Report on New York State High School Initiative  [EMSC-VESID (D) 1]

 

Questions/issues raised by Board members included:  should several bold initiatives relating to high schools be identified for discussion at the November Summit; is the 70 percent graduation rate level too low; what should we do to hold the 136 high schools accountable for improving their graduation rates; what can we do to present a greater sense of urgency to the problem of high school completion; and is the initiative focused on too many areas, i.e., should it be narrowed to high school completion and literacy.  The Regents will discuss further the plans for the November Summit at the September Quality Committee meeting.

 

Assessment Issues

 

The Committee asked that the October report on the grades 3-8 testing program include information on the test specifications, including length of tests, for each assessment.  The Committee also suggested that SED work with the New York City Department of Education to ensure there are no inconsistencies in data in the future concerning the results of student performance on the new State assessments.

 

 



REGENTS COMMITTEE ON HIGHER EDUCATION

          Your Higher Education and Professional Practice Committee held its scheduled meeting on September 8, 2005.  All members were present, except for Regent John Brademas, who was excused from both the public and executive sessions.  Vice-Chancellor Adelaide L. Sanford, Regent Lorraine Cort�s-V�zquez and Regent Roger B. Tilles were also present for the public session.  Regent James C. Dawson, Regent Lorraine Cortes-Vazquez and Regent Roger B. Tilles were also present for the executive session, but did not vote. 

 

 

                                                    

ACTION ITEMS

 

 

          Your Committee recommends that the reports of the Regents Review Committees, including rulings, findings of fact, determinations as to guilt, and recommendations, by unanimous or majority vote, contained in those reports which have been distributed to you, be accepted in 6cases, and modified in one case as hereafter set forth.  In addition, your Committee recommends, upon the recommendation of the Committee on the Professions, that 36 consent order applications and 10 surrender applications be granted.

 

          In one case, under calendar number 20129, we recommend that the recommendation of the Regents Review Committee be accepted, except that the basis for the dismissal of the second specification is solely on the ground of the failure to specify particular provisions of the Federal Food, Drug and Cosmetic Act (FDCA) in the that specification and that the dismissal of said second specification on the basis of the inapplicability of the FDCA not be accepted.

 

          These recommendations are made following the review of 53cases involving 14 registered professional nurses, nine licensed practical nurses, eight licensed practical nurses who are also registered professional nurses, four pharmacists, two veterinarians, one acupuncturist, one certified public accountant, one chiropractor, one land surveyor, one massage therapist, one midwife, one optometrist, and one podiatrist.

 

 

Voted, that the Board of Regents stay the order of surrender of the dentist license of Emilia Cearnetchi for a period not to exceed two years, that she be placed on probation for a period not to exceed two years under specified terms and conditions, and that upon successful completion of the terms of probation, her license be fully restored.   [HE & PP EXS (A) 4]

 

Voted, in disagreement with the recommendation of the Committee on the Professions, by a vote of 6-1, with Regent Saul B. Cohen voting in agreement with the Committee on the Professions, that the Board of Regents deny the petition of William Joseph Hicks for the restoration of his license to practice as a physician in the State of New York at this time.   [HE & PP EXS (A) 5]

 

          Voted, that the Board of Regents deny the petition of Jacob Neuman for the restoration of his license to practice as a physician in the State of New York at this time. [HE & PP EXS (A) 6]

 


 


Consent Agenda Items

 

           Your Committee recommends that the Board of Regents confer the Associate in Occupational Studies (A.O.S.) degree upon 52 graduates of Long Island Business Institute, 18 graduates of Professional Business College; and 52 graduates of Taylor Business Institute.  [HE & PP (CA) 1]

 

          Your Committee recommends that the Board of Regents authorize The City University of New York Trustees to confer the degree of Doctor of Physical Therapy (D.P.T.) at the CUNY Graduate School and University Center, effective September 9, 2005.  [HE & PP (CA) 2]

         

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

         

Your Committee recommends that the Regents approve the following appointments and reappointments to the State Boards for the Professions:  [HE & PP (CA) 4]

 

State Board for Nursing - appoint Liesl S. Hall (St. Albans) for a term commencing November 1, 2005, and expiring October 31, 2010

 

State Board for Architecture � reappoint John P. Goodman (Manlius) for a term commencing October 1, 2005 and expiring September 30, 2010

 

State Board for Physical Therapy � appoint Susan A. Naso (Dexter) for a term commencing October 1, 2005 and expiring September 30, 2010

 

State Board for Medicine � appoint Roger M. Oskvig (Pittsford) and Barry M. Rosenthal (New York) each for a term commencing October 1, 2005 and expiring September 30, 2010

 

State Board for Interior Design � reappoint Theodore L. Lownie (Buffalo) for a term commencing October 1, 2005 and expiring September 30, 2010

 

Your Committee also recommends that the Regents approve the following appointments and reappointments of extended members to the State Boards for the Professions for service on licensure restoration and moral character panels and a reappointment to the State Board for Professional Medical Conduct [HE
& PP (CA) 4]

 

State Board for Physical Therapy � appoint Linda Scheuer (Pattersonville) as an extended member for a term commencing October 1, 2005 and expiring September 30, 2010

 

State Board for Ophthalmic Dispensing � reappoint Bernard Ferguson (Castleton) as an extended member for a term commencing October 1, 2005 and expiring September 30, 2010

 

State Board for Nursing � appoint Janet A. Cadogan (Brooklyn) and Darlene E. McCown (Rochester) each as an extended member for a term commencing August 1, 2005 and expiring July 31, 2010

 

State Board for Dentistry � appoint Samuel J. Kawola  (West Sand Lake) as an extended member for a term commencing October 1, 2005 and expiring September 30, 2010

 

State Board for Professional Medical Conduct � reappoint Richard H. Edmonds (Schenectady) for a term commencing October 1, 2005 and expiring September 30, 2010

 

Your Committee recommends that the master plan of Plaza College, Queens, be amended, effective September 9, 2005, to authorize the College to award the Bachelor of Business Administration (B.B.A.) degree and to offer a B.B.A. program in Business Administration � Management.  This amendment will be effective until September 30, 2006, unless the Department registers the program prior to that date, in which case master plan amendment shall be without term.  [HE
& PP (CA) 5]

 

Your Committee recommends that the master plan of Monroe College be amended, effective September 9, 2005, to authorize the College to award the Master of Business Administration (M.B.A.) degree and to offer an M.B.A. program in Business Management at both its Bronx and New Rochelle campuses.  This amendment will be effective until September 30, 2006, unless the Department registers the program prior to that date, in which case master plan amendment shall be without term.  [HE
& PP (CA) 6]

 

          Item  [HE & PP (CA) 7] was removed from the consent agenda.  It will be brought back for consideration at a future meeting.

         

          Your Committee recommends that the Regents: approve an amendment to the provisional charter of The Center for the Advancement of Group Studies to change the corporate name to �The Center for Group Studies� and, as so amended, to extend the charter for a period of five years to allow the corporation additional time to develop its programs and otherwise demonstrate that it can meet the requirements for an absolute charter;  approve an amendment to the absolute charter of Central European University to add authority for the University to confer the degree of Bachelor of Business Administration (B.B.A.); approve an amendment to the absolute charter of Touro College to add authority for the University to confer the degree of Master of Social Work (M.S.W.); approve an amendment to the provisional charter of WIMC World Institute for Management and Communications changing the corporate name to WIMEC World Institute for Management, Entrepreneurship and Communications and to change the corporate address to 100 Church Street, 14th Floor (c/o Sharp Corporation) New York, New York 10007 and, as so amended, extend the provisional charter for a period of five years to allow the corporation additional time to develop its programs and otherwise demonstrate that it can meet the requirements for an absolute charter;  and approve an extension of the provisional charter of Women�s Therapy Centre Institute Training Program for a period of five years to allow the corporation additional time to develop its programs and otherwise demonstrate that it can meet the requirements for an absolute charter.  No action was taken on the request for granting consent to the filing of a certificate of amendment of the certificate of incorporation to authorize Pacific College of Oriental Medicine (New York), Inc. to confer the degree of Associate in Occupational Studies (A.O.S.).  It was removed from the item and not considered at this time.  [BR (A) 1]

                   

MATTERS NOT REQUIRING BOARD ACTION

 

Your Committee discussed several topics of interest, including:  

 

Procedure for the Evaluation of an Applicant�s Prior Disciplinary History for Authorization to Practice a Licensed Profession  [HE & PP (D) 1]

 

The Committee discussed proposed regulations establishing a procedure for the Department�s evaluation of an applicant�s prior disciplinary history in another jurisdiction to determine whether the applicant is qualified to practice a licensed profession in New York State.  The proposed regulations would implement a new statute which authorizes the Department to deny authorization to practice a licensed profession based upon such a review, thereby strengthening the Regents and the Department�s ability to protect the public.

 

Amendment of Part 126 of the Regulations of the Commissioner Relating to Monetary Assessments of Schools Supervised by the Bureau of Proprietary School Supervision [HE & PP (D) 2]

 

The Committee discussed technical amendments to Part 126 of the Regulations that will clarify how the monetary assessment is applied to for-profit English as a Second Language (ESL) Schools for both the tuition reimbursement account and the proprietary school supervision account.

 

Teacher Education Accreditation Requirement [HE & PP (D) 3]

 

The Committee discussed whether or not we should amend our regulations to allow institutions that are awaiting an accreditor�s decision or implementing recommended changes, to continue their teacher education programs after December 31, 2006, which is the current accreditation deadline.  Members of the Committee made suggestions for issues that staff should consider when the regulations are prepared.

 

CPA Update

 

The Committee was provided an update on the status of preliminary draft regulations for the public accountancy profession.  Staff are actively engaged in reviewing the preliminary draft regulations based on your input  and the input of various stakeholders.  A discussion of the legal questions raised by some members of the Committee is planned for next month.

 

Katrina Disaster

 

The Committee was informed of efforts that the Office of Higher Education and the Office of the Professions have taken to assist victims of the Katrina disaster.

 

Pharmacy

 

Department staff provided clarifying information on the responsibility of New York State licensed pharmacists in registered pharmacies to dispense medications.

 

                                  MOTION FOR ACTION BY FULL BOARD

 

          Mr. Chancellor and Colleagues:  Your Higher Education and Professional Practice Committee recommends, and we move, that the Board of Regents act affirmatively upon each recommendation in the written report of the Committee's deliberations at its meeting on September 8, 2005, copies of which have been distributed to each Regent.

 



 


REGENTS COMMITTEE ON QUALITY

 

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

 

Your Committee on Quality held its scheduled meeting on September 9, 2005.  Chancellor Bennett, Vice Chancellor Sanford, Regents Cort

z-V

zquez and Bowman were present.  Regents Chapey, Dawson, Gardner, Phillips, and Tallon also attended.  Commissioner Mills was present. 

 

 

Your Committee discussed plans for the USNY Summit scheduled for Wednesday, November 2nd at the Empire State Plaza Convention Center.  Specifically, the Committee:

 

l      
Commented on the draft Summit Call.  The document must make a compelling case for invitees to come to the Summit and commit to working in new ways to close the gaps in K-16 education in light of the challenges of the global economy.  The Committee also commented that the draft should be more concise, while still providing readers with information about USNY

 

l      
Reviewed the draft agenda.  The program is well thought out.  The table discussions will be critical to the success of the meeting as will be getting agreement on the key actions in early childhood education, high school, and higher education. The goal for these discussions, and the Summit as a whole, is getting commitment from participants to contribute to regional and local follow up.

 

l      
Received the invitation list.  Now that the invitation letters are mailed out, all Board members will be asked to make a few phone calls to people who were invited, encouraging them to attend.  There is still time for Regents to suggest additional people to invite.

 

l      
The Committee proposes that the Regents devote two hours during its Board meeting next month to a briefing on the Summit program and the key actions that are being proposed for consideration at the event.

 

 

APPENDIX I

NEW YORK STATE BOARD OF REGENTS

CHARTER ACTION

 

HISTORIC PALMYRA

Voted, that

            1.         An absolute charter in the first instance is granted incorporating Esther Louise Larsson, Robert Leopard, Frank Graham, Gail W. Harmston, George Harmston, Coleen McPike, Joan Snyder, Charlotte Foster, Stephen G. Hays, Frederick Alderman and their associates and successors as an education corporation under the corporate name of Historic Palmyra, located in the Palmyra, county of Wayne and state of New York.

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

a.                To promote and encourage historical research;

b.               To gather and disseminate information concerning the early history of Palmyra, New York, and vicinity;

c.                To gather and preserve books, manuscripts, letters, pictures, maps, drawings, furniture, artifacts, and relics relating to the early history of Palmyra, New York;

d.               To mark with suitable signs, markers or monuments, places of historic interest in or near Palmyra, New York;

e.                To acquire by purchase, gift, devise, or otherwise the title to and/or the custody and control of historic spots, buildings, and places including personal property in or near Palmyra, New York, and to maintain the same as examples of historic interest;

f.                 To operate museums for the public display of artifacts in the possession of Historic Palmyra.

            3.         The persons named as incorporators shall constitute the first board of trustees. 

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

                                                                        Esther Louise Larsson

                                                                        261 Oneida Way

                                                                        Manchester, New York 14504

                                               

                                                                        Robert Leopard

                                                                        437 East Main Street

                                                                        Palmyra, New York 14522

 

                                                                        Frank Graham

                                                                        803 Turner Road

                                                                        Palmyra, New York 14522

 

                                                                        Gail W. Harmston

                                                                        4333 North Creek Road

                                                                        Palmyra, New York 14522

 

                                                                        George Harmston

                                                                        4333 North Creek Road

                                                                        Palmyra, New York 14522

 

                                                                        Coleen McPike

                                                                        2608 Quaker Road

                                                                        Palmyra, New York 14522

 

                                                                        Joan Snyder

                                                                        139 Cu yler Street

                                                                        Palmyra, New York 14522

 

                                                                        Charlotte Foster

                                                                        191 Salzburg Village

                                                                        Palmyra, New York 14522

 

                                                                        Stephen G. Hays

                                                                        242 Vienna Street

                                                                        Palmyra, New York 14522

 

                                                                        Fredrick Alderman

                                                                        Brookside Terrace

                                                                        Palmyra, New York 14522

                                               

             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.         The members of the corporation 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 corporation to change the number of trustees to be not more than twenty-five nor less than five.

            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, pursuant to the determination of the members of the corporation, shall after paying or making provision for the payment of all the liabilities of the corporation, dispose of the remaining assets of the corporation exclusively for one or more exempt purposes, within the meaning of section 501(c)(3) of the Internal Revenue Code of 1986 (or the corresponding provision of any future Federal tax code), or shall distribute the same to the Federal government, or to a state or local government, for a public purpose.   Any such assets not so disposed of shall be disposed of by order of the Supreme Court of the State of New York in the judicial district where the principal office of the corporation is then located, exclusively for such purposes or to such organization or organizations, organized and operated exclusively for such purposes, as said Court shall determine.

10.        The principal office of the corporation shall be located at 132 Market Street, P.O. Box 96, Palmyra, New York 14522.

            11.       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.

 

ROCHESTER HISTORICAL SOCIETY

Voted, that

            1.         An absolute charter in the first instance is granted incorporating Peter O. Brown, Wyatt Doremus, Meredith Keller, H. Allen Spencer, Alva H. Angle, Mary B. Buchan, William Coppard, Rebecca Rourke Edwards, John L. Goldman, Hannelore Heyer, Louise H. Klinke, Lee C. Lundback, Patrick M. Malgieri, Richard O. Reisem, Ruth Rosenberg-Naparsteck, Jane Tressel and their associates and successors as an education corporation under the corporate name of Rochester Historical Society, located in the Rochester, county of Monroe and state of New York.

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

a.            To collect, own, hold, and preserve the objects, artifacts, books, manuscripts,    papers, photographs, and other materials that reflect the history of the City of Rochester and the surrounding County of Monroe.

b.          To interpret the story of Greater Rochester's people, its places, and unique qualities as an American city through exhibitions, publications, activities, events, and educational programs open to the public

c.           To establish and maintain a museum relating to the history of the City of Rochester and the County of Monroe.

d.           To promote and encourage original research on Rochester's urban heritage through the establishment and operation of a historical research library and archives.

e.           To collaborate with other local institutions and/or civic officials to collect, preserve, and interpret the history of the community and its impact upon the quality of American life for the benefit of future generations to learn and enjoy

            3.         The persons named as incorporators shall constitute the first board of trustees. 

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

Peter O.  Brown                     

30 Douglas Road                                           

                                                                        Rochester, NY 14610

                                               

Wyatt Doremus                       

5375 Fosdick Road                                       

                                                                        Ontario, NY 14519

 

Meredith Keller                     

46 Prince Street                                              

                                                                        Rochester, NY 14607

 

H. Allen Spencer                                

36 West Main Street, Suite 322                     

                                                                        Rochester, NY 14614

 

Alva H. Angle            

35 Douglas Road                                           

                                                                        Rochester, NY 14610

 

Mary B. Buchan                     

One Douglas Road                                        

                                                                        Rochester, NY 14610

 

William Coppard                   

240 East Avenue                                           

                                                                        Rochester, NY 14604

 

Rebecca Rourke Edwards      

261 Westminster Road                                  

                                                                        Rochester, NY 14607

 

John L. Goldman                    

10-6 Selden Street                                         

                                                                        Rochester, NY 14605

 

Hannelore Heyer                    

84 Poplar Way                                               

                                                                        Rochester, NY 14618

 

Louise H. Klinke                    

35 Brunswick Street                                      

                                                                        Rochester, NY 14607

 

Lee C. Lundback                    

26 Berkeley Street                                         

Rochester, NY 14607 

 

Patrick M. Malgieri                

2400 Chase Square                                       

Rochester, NY 14604

 

Richard O. Reisem                 

560 Mt.  Hope Avenue                                  

Rochester, NY 14620

 

Ruth Rosenberg-Naparsteck   

1489 Culver Road                                         

Rochester, NY 14609

 

Jane Tressel                           

273 W.  Bloomfield Road                             

Pittsford, NY 14534

                                               

             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.         The members of the corporation 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 corporation to change the number of trustees to be not more than twenty-five nor less than five.

            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, pursuant to the determination of the members of the corporation, shall after paying or making provision for the payment of all the liabilities of the corporation, dispose of the remaining assets of the corporation exclusively for one or more exempt purposes, within the meaning of section 501(c)(3) of the Internal Revenue Code of 1986 (or the corresponding provision of any future Federal tax code), or shall distribute the same to the Federal government, or to a state or local government, for a public purpose.   Any such assets not so disposed of shall be disposed of by order of the Supreme Court of the State of New York in the judicial district where the principal office of the corporation is then located, exclusively for such purposes or to such organization or organizations, organized and operated exclusively for such purposes, as said Court shall determine.

10.        The principal office of the corporation shall be located at 485 East Avenue, Rochester, New York 14604

            11.       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.

 


CORFU FREE LIBRARY.

  An application having been made and on behalf of the trustees of the Corfu Free Library, located in Corfu, county of Genesee, state of New York, for an amendment of its charter, it was

           Voted, that the provisional charter of the Corfu Free Library, an association library serving the town of Corfu, state of New York, which was granted by action of the Board of Regents on April 29, 1920, extended on April 18, 1941 and December 20, 1946, and made absolute by Regents action on February 16, 1951, and is hereby amended to clarify the service area as the Town of Pembroke and to add the following language:

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

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

No substantial part of the activities of the corporation shall be devoted to carrying on propaganda, or otherwise attempting to influence legislation (except to the extent authorized by Internal Revenue Code section 501(h) as amended, or the corresponding provision of any future United States Internal Revenue Law, during any fiscal year or years in which the corporation has chosen to utilize the benefits authorized by the statutory provision), and the corporation shall not participate in or intervene (including the publishing or distribution of statements) in any political campaign on behalf of, or in opposition to, any candidate for public office.

            Upon dissolution of the corporation, the board of trustees shall, after paying or making provision for the payment of all the liabilities of the corporation, dispose of the remaining assets of the corporation exclusively for one or more exempt purposes, within the meaning of section 501(c)(3) of the Internal Revenue Code of 1986 (or the corresponding provision of any future Federal tax code), or shall distribute the same to the Federal government, or to a state or local government, for a public purpose.  Any such assets not so disposed of shall be disposed of by order of the Supreme Court of the State of New York in the judicial district where the principal office of the corporation is then located, exclusively for such purposes or to such organization or organizations, organized and operated exclusively for such purposes, as said Court shall determine.           

 


EAST FISHKILL COMMUNITY  LIBRARY.

  An application having been made and on behalf of the trustees of the East Fishkill Community Library, located in East Fishkill, county of Dutchess, state of New York, for an amendment of its charter, it was

           Voted, that the provisional charter of the East Fishkill Community Library, an association library serving the community of Fishkill Plains and surrounding territory-Hopewell Junction etc., state of New York, which was granted by action of the Board of Regents on July 29, 1938, extended on September 17, 1943, November 19, 1948, and March 23, 1956 and amended and made absolute by Regents action on December 19, 1958, and the same is hereby amended to clarify the service area as the Town of East Fishkill and to add the following language:

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

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

No substantial part of the activities of the corporation shall be devoted to carrying on propaganda, or otherwise attempting to influence legislation (except to the extent authorized by Internal Revenue Code section 501(h) as amended, or the corresponding provision of any future United States Internal Revenue Law, during any fiscal year or years in which the corporation has chosen to utilize the benefits authorized by the statutory provision), and the corporation shall not participate in or intervene (including the publishing or distribution of statements) in any political campaign on behalf of, or in opposition to, any candidate for public office.

            Upon dissolution of the corporation, the board of trustees shall, after paying or making provision for the payment of all the liabilities of the corporation, dispose of the remaining assets of the corporation exclusively for one or more exempt purposes, within the meaning of section 501(c)(3) of the Internal Revenue Code of 1986 (or the corresponding provision of any future Federal tax code), or shall distribute the same to the Federal government, or to a state or local government, for a public purpose.  Any such assets not so disposed of shall be disposed of by order of the Supreme Court of the State of New York in the judicial district where the principal office of the corporation is then located, exclusively for such purposes or to such organization or organizations, organized and operated exclusively for such purposes, as said Court shall determine.

 


ELIZABETHTOWN LIBRARY ASSOCIATION.

An application having been made by and on behalf of the trustees of Elizabethtown Library Association, for an amendment of its charter, it was

           Voted, that the absolute charter of the Elizabethtown Library Association, located in Elizabethtown, county of Essex, state of New York, which was granted by action of the Board of Regents on June 26, 1895; which absolute charter was amended by Regents action on March 17, 1995 be, and the same hereby is, amended to expand the service area to also include the Town of Lewis.

 


THE NEW CITY FREE LIBRARY.

  An application having been made and on behalf of the trustees of The New City Free Library, located in New City, county of Rockland, state of New York, for an amendment of its charter, it was

           Voted, that the provisional charter of The New City Free Library, an association libraryto serve primarily the residents of New City, Bardonia, Congers and by contract, all residents of Clarkstown Central School District No. 1, including additionally West Nyack and the Town of Clarkstown, which was granted by action of the Board of Regents on February 16, 1951, extended on May 24, 1957, April 26, 1963, and March 25, 1966 and made absolute by Regents action on June 25, 1971, and the same is hereby amended to clarify the service area as the census district populations of New City, Bardonia, and Congers and to add the following language:

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

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

No substantial part of the activities of the corporation shall be devoted to carrying on propaganda, or otherwise attempting to influence legislation (except to the extent authorized by Internal Revenue Code section 501(h) as amended, or the corresponding provision of any future United States Internal Revenue Law, during any fiscal year or years in which the corporation has chosen to utilize the benefits authorized by the statutory provision), and the corporation shall not participate in or intervene (including the publishing or distribution of statements) in any political campaign on behalf of, or in opposition to, any candidate for public office.

            Upon dissolution of the corporation, the board of trustees shall, after paying or making provision for the payment of all the liabilities of the corporation, dispose of the remaining assets of the corporation exclusively for one or more exempt purposes, within the meaning of section 501(c)(3) of the Internal Revenue Code of 1986 (or the corresponding provision of any future Federal tax code), or shall distribute the same to the Federal government, or to a state or local government, for a public purpose.  Any such assets not so disposed of shall be disposed of by order of the Supreme Court of the State of New York in the judicial district where the principal office of the corporation is then located, exclusively for such purposes or to such organization or organizations, organized and operated exclusively for such purposes, as said Court shall determine.

                         


STEPHENTOWN MEMORIAL LIBRARY.

An application having been made by and on behalf of the trustees of Stephentown Memorial Library, for an amendment of its charter, it was

           Voted, that the provisional charter of the Stephentown Memorial Library, located in Stephentown, county of Rensselaer, State of New York, which was granted by action of the Board of Regents on February 28, 1947; which provisional charter was made absolute by Regents action on November 30, 1951 and amended February 18, 1994 be, and the same hereby is, amended to change the numbers of trustees from the current seven to not less than five nor more than twenty-five.

 


YOUNGSTOWN FREE LIBRARY.

An application having been made by and on behalf of the trustees of Youngstown Free Library, for an amendment of its charter, it was

           

Voted

, that the provisional charter of the Youngstown Free Library, located in Youngstown, county of Niagara, state of New York, which was granted by action of the Board of Regents on December 21, 1951; which provisional charter was extended by Regents action on September 20, 1957 and was made absolute by Regents action on May 25, 1962 be, and the same hereby is, amended to define the service area as follows: 

Commencing at the point where Lake Ontario meets the Niagara River and then east along the Lake Ontario Shore Line to the point where Six Mile Creek enters the Town of Porter and then south along Six Mile Creek to where Six Mile Creek intersects Porter Center Road and then south along Porter Center Road to the Town Line between Porter and Lewiston and then west along the Town Line until the Town Line meets the Niagara River and then in a northerly direction along the Niagara River to the said place of beginning;

and to add the following language:

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

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

�No part of the net earning of the corporation shall inure to the benefit of any member, trustee, director, 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, 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.

�No substantial part of the activities of the corporation shall be carrying on propaganda, or otherwise attempting to influence legislation except as otherwise provided by Internal Revenue Code section 501(b), or participating in, or intervening in (including the publication or distribution of statements), any political campaign on behalf of any candidate for public office.

�Upon the dissolution of the library, assets shall be distributed for one or more exempt purposes within the meaning of section 501(c)(3) of the Internal Revenue Code, or corresponding section of any future Federal tax code, or shall be distributed to the Federal government, or to a state or local government, for a public purpose.�



 

NEW AMSTERDAM HISTORY CENTER

           Voted, that

            1.         A provisional charter valid for a term of five years is granted incorporating Casey R. Kemper, Christopher P. Moore, James R. Van Wagner, Jr., Rev. Everett L. Zabriske III, William T. Reynolds, Andrew A. Hendricks, Hubert J.W. DeLeeuw and their associates and successors as an education corporation under the corporate name of New Amsterdam History Center, located in the city, county, and state of New York.

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

a.         To establish and maintain a history museum relating to the early history of New Amsterdam and New York, its diverse peoples, landscapes, and institutions, and its legacy for all the peoples of the world today;

b.         To disseminate and encourage greater knowledge of the early history of the State of New York, particularly the City of New York, and surrounding areas.

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

d.           To arrange, create, maintain and promote appropriate historical exhibits and   displays;

e.            To establish and maintain an historical research library and archives;

f.              To promote and support historical research and scholarship, issue publications in any format, and organize historical and cultural activities, programs and events for the public;

g.             To establish relationships and to cooperate with organizations possessing appropriate objects, collections or information.

            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:

                                                            Casey R. Kemper

                                                            Collegiate Church Corporation

                                                            45 John Street, Suite 1000

                                                            New York, NY  10038-3706

                       

                                                            Christopher P. Moore

                                                            West End Collegiate Church

                                                            368 West End Avenue

                                                                        New York, NY  10024

                                               

                                                            James R. Van Wagner, Jr.

                                                            Ernest & Young LLP

                                                            5 Times Square

                                                                        New York, NY  10036-6530

 

                                                            Rev. Everett L. Zabriskie, III

                                                            32 Franklin Avenue

                                                                        Oakland, NJ 07436

 

                                                            William T. (Chip) Reynolds

                                                            New Netherland Museum

                                                            P. O. Box 10609

                                                                        Albany, NY  12201

 

                                                            Andrew A. Hendricks, M.D.

                                                            103 Rosewood Drive

                                                                        Lumberton, NC 28358

 

                                                                        Hubert J. W. DeLeeuw

Hoge Haar 93

2790's Gravenwezel

                                                                        Belgium

                                                                       

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 192 Broadway, New York,  New York 110038-3706.

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.

            Historic Palmyra, located in Palmyra, county of Wayne, state of New York, has petitioned the Board of Regents for the issuance of a charter.

            Historic Palmyra, Inc., located in Palmyra, county of Wayne, state of New York, was incorporated pursuant to the provisions of the Membership Law on July 24, 1967.

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

           Voted, that

            1.         Pursuant to the authority contained in Education Law �223, the Historic Palmyra and Historic Palmyra, Inc, be and hereby are consolidated under the name Historic Palmyra.

            2.         The principal office of the consolidated corporation shall be located at 132 Market Street, Palmyra, New York 14522.

            3.         Historic Palmyra, 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 promote and encourage historical research;

b.         To gather and disseminate information concerning the early history of Palmyra, New York, and vicinity;

c.           To gather and preserve books, manuscripts, letters, pictures, maps, drawings, furniture, artifacts, and relics relating to the early history of Palmyra, New York;

d.          To mark with suitable signs, markers or monuments, places of historic interest in or near Palmyra, New York;

e.            To acquire by purchase, gift, devise, or otherwise the title to and/or the custody and control of historic spots, buildings, and places including personal property in or near Palmyra, New York, and to maintain the same as examples of historic interest.

            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.         Esther Louise Larsson, Robert Leopard, Frank Graham, Gail W. Harmston, George Harmston, Coleen McPike, Joan Snyder, Charlotte Foster, Stephen G. Hays, and Frederick Alderman 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.

            11.       The consolidation herein shall take effect immediately.

12.       The consolidated corporation will operate under the provisional charter hereby granted to the Historic Palmyra.

            Rochester Historical Society, located in Rochester, county of Monroe, state of New York, has petitioned the Board of Regents for the issuance of a charter.

            The Rochester Historical Society, located in Rochester, county of Monroe, state of New York, was incorporated pursuant to the filing of a certificate of incorporation with the Department of State on July 2, 1888.

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

           Voted, that

            1.         Pursuant to the authority contained in Education Law �223, Rochester Historical Society and The Rochester Historical Society, be and hereby are consolidated under the name Rochester Historical Society.

            2.         The principal office of the consolidated corporation shall be located at 485 East Avenue, Rochester, New York 14607.

            3.         Rochester Historical Society, 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, own, hold, and preserve the objects, artifacts, books, manuscripts, papers, photographs, and other materials that reflect the history of the City of Rochester and the surrounding County of Monroe;

b.          To interpret the story of Greater Rochester's people, its places, and unique qualities as an American city through exhibitions, publications, activities, events, and educational programs open to the public;

c.            To establish and maintain a museum relating to the history of the City of Rochester and the County of Monroe;

d.          To promote and encourage original research on Rochester's urban heritage through the establishment and operation of a historical research library and archives;

e.           To collaborate with other local institutions and/or civic officials to collect, preserve, and interpret the history of the community and its impact upon the quality of American life for the benefit of future generations to learn and enjoy. 

            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.         Peter O. Brown, Wyatt Doremus, Meredith Keller, H. Allen Spencer, Alva H. Angle, Mary B. Buchan, William Coppard, Rebecca Rourke Edwards, John L. Goldman, Hannelore Heyer. Louise H. Klinke, Lee C. Lundback, Patrick M. Malgieri, Richard O. Reisem, Ruth Rosenberg-Naparsteck, and Jane Tressel 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.

            11.       The consolidation herein shall take effect immediately.

12.       The consolidated corporation will operate under the provisional charter hereby granted to the Rochester Historical Society.



 

NASSAU CONSERVANCY

           Voted, that

            1.         A certificate of incorporation is granted incorporating A. Kay Silverstein, Ed Haleman, Walter Smith, Arthur Mirante III, Emily Franchina, Esq. and their associates and successors as an education corporation under the corporate name of Nassau Conservancy, located in Syosset, county of Nassau, state of New York.

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

a.         To promote cultural activities for current and future generations on properties owned and administered by Nassau County government and other entities;

b.         To raise money, lend support and help restore, preserve, conserve, develop, interpret and maintain gardens, historic mansions, buildings, structures, fixtures, collections and exhibits, and other properties, owned and administered by Nassau County government and other entities;

c.         To install educational exhibits, and/or assist other Friends groups, Nassau County government and other entities that manage and operate the various facilities which the County and other entities would like to open to the public;

d.         To conduct educational and recreational programs, services and activities for members of the corporation and the public at large;

e.         To sponsor fund raising activities for the benefit of the facilities, solicit contributions, grants and donations, and purchase appropriate artifacts, equipment and supplies;

f.          To help develop and maintain natural habitats, protect woodlands, flora and fauna, and develop walking and nature trails on properties owned by Nassau County government and other entities; and

g.         To carry on other related activities for the benefit of the local community, the residents of New York, and the general public.

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:

A. Kay Silverstein

c/o The A and Z Software Shop, Inc.

1122 Franklin Avenue, Suite 400

            Garden City, New York 11530

 

Ed Haleman

c/o Stark Carpet

979 � 3rd Avenue

            New York, New York 10022



Walter Smith

c/o Reckson Associates,

225 Broadhollow Road, Ste. 212W

            Melville, New York 11747-4883

 

Arthur Mirante III

c/o Fulcrum Group

535 Madison Avenue

            New York, New York 10022

 

Emily Franchina, Esq.

c/o Franchina and Giordano

1100 Franklin Avenue

            Garden City, New York 11530

 

            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 1864 Muttontown Road, Syosset, New York 11791-9652.

            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.

 

NEW YORK HERITAGE AREA ASSOCIATION

           Voted, that

1.               A certificate of incorporation is granted incorporating Kathy Quandt, David Altieri, Francis Caraccilo, Gail Domin, Fred Miller and their associates and successors as an education corporation under the corporate name of New York Heritage Area Association, located in the city and county of Albany, state of New York.

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

a.         To provide for preservation, interpretation, development and use of areas of special significance to the historical and cultural evolution of New York State;

b.         Management � To develop plans to implement Heritage Area goals and objectives with local government commitment in a manner consistent with Federal, State and local programs;

c.         Economic Development � To encourage economic growth and development in New York State through restoration and adaptive use of buildings and other appropriate resources and promotion of tourism-related programs and activities;

d.         Preservation � To restore, rehabilitate, protect and enhance structures, districts, sites, and areas that are of significance to he history, architecture, archaeology or culture of the Heritage Area, New York State, and the Nation;

e.         Education � To educate residents and visitors to the unique cultural heritage of New York State;

f.          Recreation � To preserve the essential qualities of New York State�s natural resources while developing these areas, as appropriate, for public access and recreation.

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:

                                                Kathy Quandt

                                                25 Quackenbush Square

            Albany, NY 12207

 

                                                David Altieri

                                                P. O. Box 312

            Sackets Harbor, NY 13685



            Francis Caraccilo

                                                60 State St.

            Seneca Falls, NY 13148

 

                                                Gail Domin

                                                30 Front Street

            Binghamton, NY 13905

 

Fred Miller

                                                66 Montgomery Street

            Canajoharie, NY 13317

 

            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 c/o Albany Visitor Center, 25 Quakenbush Square, Albany, New York 12207.

            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.

 

THE DE LA SALLE SCHOOL.  An application having been made by and on behalf of the trustees of The De La Salle School, for its provisional charter to be made absolute, and it appearing to the satisfaction of the Regents that the conditions for an absolute charter have been met, it was

           Voted, that the provisional charter of The De La Salle School, located in Freeport, 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, made absolute.

 


THE WINTON ROAD NURSERY SCHOOL.

  An application having been made by and on behalf of the trustees of The Winton Road Nursery School, for an amendment of its charter, it was

           Voted, that the provisional charter of The Winton Road Nursery School located in Rochester, county of Monroe, state of New York, which was granted by action of the Board of Regents on June 26, 1965; and which was made absolute by Regents action on May 24, 1968 be, and the same hereby is, amended to add the following language necessary to maintain tax-exempt status under Internal Revenue Code �501(c)(3):

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.

            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).

            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.

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.

THE CENTER FOR THE ADVANCEMENT OF GROUP STUDIES. An application having been made by and on behalf of the trustees of The Center for the Advancement of Group Studies, for an amendment of its charter, it was

           Voted, that the provisional charter of The Center for the Advancement of Group Studies located in the city, county, and state of New York, which was granted by action of the Board of Regents on July 19, 1996 be, and the same hereby is, amended to change the corporate name to �The Center for Group Studies� and as so amended, extended until September 9, 2010; 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 September 9, 2010 and upon notice by the Regents, such provisional charter shall terminate and become void and shall be surrendered to the Regents.

 

CENTRAL EUROPEAN UNIVERSITY.  An application having been made by and on behalf of the trustees of Central European University, for an amendment of its charter, it was

           Voted, that the provisional charter of Central European University, located in the city, county, and state of New York, which was granted by action of the Board of Regents on July 24, 1992, which provisional charter was amended on May 20, 1994, February 7, 1996 and September 20, 1996 and as amended, made absolute by Regents action; and such charter having been amended on various occasions, the last amendment having been granted on July 18, 2002 be, and the same hereby is, amended to authorize the corporation to confer the Bachelor of Business Administration (B.B.A.) degree.

 

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

           Voted, that the provisional charter of Touro College, located in the city, county, and state of New York, which was granted by action of the Board of Regents on June 26, 1970, which provisional charter was amended on April 11, 1973, June 28, 1974, and extended on June 27, 1975 and was consolidated by Regents action on June 21, 1979 with Jewish Teachers Seminary and People�s University, a domestic corporation incorporated pursuant to Chapter 593 of the Laws of 1935 and with Herzliah Hebrew Teachers Institute, Inc., which was incorporated by action of the Board of Regents under the corporate name �Herzliah Hebrew Academy, Inc.� on February 15, 1923 and amended by Regents action on February 15, 1946 to change the corporate name to �Herzliah Hebrew Teachers Institute, Inc� which provisional charter was amended and extended numerous times, and was made absolute by Regents action on January 17, 1990; and such absolute charter having been amended on various occasions,the last amendment having been granted on September 10, 2004 be, and the same hereby is, amended to authorize the corporation to confer the Master of Social Work (M.S.W.) degree.

 

WIMC WORLD INSTITUTE FOR MANAGEMENT AND COMMUNICATIONS.  An application having been made by and on behalf of the trustees of WIMC World Institute for Management and Communications, for its provisional charter to be amended and, as so amended, extended, it was

           Voted, that the provisional charter of WIMC World Institute for Management and Communications, located in the city, county, and state of New York, which was granted by action of the Board of Regents on April 28, 1995; which provisional charter was extended by Regents action on September 15, 2000 be, and the same hereby is, amended to change the corporation name to �WIMEC World Institute for Management, Entrepreneurship and Communications� and to change the corporate address to 100 Church Street, 14th Floor (c/o Sharp Corporation) New York, New York 10007, and as so amended, extended until September 9, 2010; 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 September 9, 2010 and upon notice by the Regents, such provisional charter shall terminate and become void and shall be surrendered to the Regents.

 

WOMEN�S THERAPY CENTRE INSTITUTE TRAINING PROGRAM. An application having been made by and on behalf of the trustees of Women�s Therapy Centre Institute Training Program, for an amendment of its charter, it was

           Voted, that the provisional charter of Women�s Therapy Centre Institute Training Program located in the city, county, and  state of New York, which was granted by action of the Board of Regents on September 23, 1994; which provisional charter was amended and extended by Regents action on February 3, 1999 be, and the same hereby is, extended until September 9, 2010; 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 September 9, 2010 and upon notice by the Regents, such provisional charter shall terminate and become void and shall be surrendered to the Regents.

 

APPENDIX II

REGENTS ACTIONS IN 53 PROFESSIONAL DISCIPLINE CASES

AND 3 RESTORATION PETITIONS

 

September 8-9, 2005

 

          The Board of Regents announced disciplinary actions resulting in the revocation of 1 license, surrender of 10 licenses, and 42 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 3 restoration petitions.

 

 

 


          Jonathan Leibell;

666 West End Avenue, New York, NY 10025; Lic. No. 001268; Cal. No. 22275; Application to surrender license granted.  Summary:Licensee admitted to the charge of having been convicted of Insurance Fraud in the 3rd Degree; Grand Larceny in the 3rd Degree and Scheme to Defraud in the 1st Degree. 

 

 


          Jonathan Leibell;

666 West End Avenue, New York, NY 10025; Lic. No. 005912; Cal. No. 22276; Application to surrender license granted. Summary:Licensee admitted to the charge of having been convicted of Insurance Fraud in the 3rd Degree; Grand Larceny in the 3rd Degree and Scheme to Defraud in the 1st Degree. 

 

 


          Patrick Joseph Roy;

4124 Long Branch Road, Liverpool, NY 13090-3233; Lic. No. 016979; Cal. No. 22364; Application to surrender license granted.  Summary:
Licensee admitted to the charge of conduct in the practice of massage therapy evidencing moral unfitness.



 

 

 


          Susan M. Beardsley;

128 Prince Philip Drive, St. Augustine, FL 32092; Lic. No. 000746 Cal. No. 22233; Application to surrender license granted.  Summary:Licensee admitted to the charge of failing to maintain a record for each patient which accurately reflected the evaluation and treatment of the patient in that she failed to maintain a record for a patient for the approximately two-hour period of time between her arrival at the labor and delivery unit to the forceps delivery of the patient�s baby.

 




 


Nursing

 


         

David Rabinowitz;
Registered Professional Nurse; 550 Warren Street, Fayetteville, NY 13066; Lic. No. 503243; Cal. No. 20891;
Found guilty of professional misconduct; Penalty:
Revocation.

 


         

Margaret Mary Harper;
Licensed Practical Nurse; 474 Harrison Avenue, Schenectady, NY 12306; Lic. No. 228307; Cal. No. 22315;
Application to surrender license granted. 
Summary:
Licensee did not contest the charge of failing to administer prescribed medications and documenting otherwise.

 


Optometry

 


          Steven Kornblatt;

17 Honey Lane, East Northport, NY 11731; Lic. No. 004541; Cal. No. 22221;
Application to surrender license granted. 
Summary:
Licensee admitted to the charge of having been convicted of two counts of Forcible Touching, a class A misdemeanor. 

 


Pharmacy

 


          John Andrew Grimaldi;

Lic. No. 035714; Cal. No. 22055;
Application to surrender license granted. 
Summary:
Licensee admitted to the charge of having been convicted of one count of Grand Larceny in the 1st Degree and four counts of Offering a False Instrument for Filing in the 1st Degree.

 


         

Newton E. Igbinaduwa;
116-35  139th Street, Jamaica, NY 11436; Lic. No. 036673; Cal. No. 22305;
Application to surrender license granted.
Summary:
Licensee admitted to the charge of having been convicted of Grand Larceny in the 3rd  Degree.
 

 


Podiatry

 


          Cherie L. Galler;

72-15 Grand Avenue, Maspeth, NY 11378; Lic. No. 003734; Cal. No. 20874;
Application to surrender license granted. 
Summary:
Licensee did not contest the charge of surgically removing a callus from the finger of a patient and prescribing medication and bras to treat a rash on a patient�s breast.

 


Public Accountancy

 


          William Michael Hollar;

Certified Public Accountant; P.O. 53, Leonia, NJ 07605; Lic. No. 063517; Cal. No. 22059;
Application to surrender license granted. 
Summary:
Licensee admitted to the charge of having been convicted of Petit Larceny. 

 

 


II. OTHER REGENTS DISCIPLINARY ACTIONS

 

 


          Michael Walter Finkbeiner;

Land Surveyor; 4 Maher Avenue, Greenwich, CT 06830; Lic. No. 050352; Cal. No. 21332; Application for consent order granted; Penalty agreed upon: Censure and Reprimand, $3,500 fine.

 

 


          Marie Enendine Darang;

Registered Professional Nurse; 46 Cedar Street, Garfield, NJ 07026; Lic. No. 493914; Cal. No. 18324; Application for consent order granted; Penalty agreed upon: Annulment of license.

 


          Pomeroyal Charles Fountain;

Registered Professional Nurse; 205� Center Street, Ithaca, NY  14850; Lic. No. 498471; Cal. No. 20681; Found guilty of professional misconduct; Penalty: 36 months of suspension, execution of last 24 months of suspension stayed, probation for last 24 months, $1,000 fine.

 

         

Vishnu Dyal Ramdass;

Licensed Practical Nurse, Registered Professional Nurse; 93-29 202 Street, Hollis, NY 11423; Lic. Nos. 175524, 438619; Cal. Nos. 20834, 20835; Application for consent order granted; Penalty agreed upon:

12 months stayed suspension, 12 months probation, $1,000 fine.

 

         

Delia J. Liley;

Licensed Practical Nurse; 20-40 Seagirt Boulevard, Far Rockaway, NY 11691; Lic. No. 080552; Cal. No. 21089; Application for consent order granted; Penalty agreed upon: 1 month actual suspension, 23 months   stayed suspension, 2 years probation.

 

         

Lucille Lerner;

Registered Professional Nurse; 414 West Market Street, Long Beach, NY 11561-1814; Lic. No. 107100; Cal. No. 21090; Application for consent order granted; Penalty agreed upon: Censure and Reprimand, 1 year probation, $250 fine.

 

         

Monica S. Betush;

Licensed Practical Nurse; P.O. Box 44, Olean, NY 14760; 427� Third Avenue, Olean, NY 14760; 105 South Main Street, Franklinville, NY 14737; 2440 Lyndon Road, Franklinville, NY 14737; Lic. No. 183766; Cal. No. 21246; Found guilty of professional misconduct; Penalty: Suspension for a minimum of 1 year and until terminated as set forth in Regents Review Committee report � upon termination of suspension, probation 2 years.

 

         

Timothy Stephen Emanuel;

Registered Professional Nurse; 189-06 122nd Avenue, Springfield Gardens, NY 11413; Lic. No. 424080; Cal. No. 21524; Found guilty of professional misconduct; Penalty: 3 year suspension, execution of suspension stayed, probation 1 year, $1,750 fine.

 

         

Jill Elaine Brewer;

Licensed Practical Nurse; 1107 North Creek Road, Porter Corners, NY 12859-1951; Lic. No. 189567; Cal. No. 21656; Found guilty of professional misconduct; Penalty: 2 year suspension, execution of suspension stayed, probation 2 years.

 

         

William Kenneth Meyer;

Licensed Practical Nurse; 9 Mill Road, South Farmingdale, NY 11735; Lic. No. 249370; Cal. No. 21717; Application for consent order granted; Penalty agreed upon: Partial actual suspension of license, 24 months probation.

 

         

Elaine Anne Austin;

Registered Professional Nurse; 8 Park Road, Staten Island, NY 10312; Lic. No. 402150; Cal. No. 21967; Found guilty of professional misconduct; Penalty: 24 months suspension, execution of last 21 months of suspension stayed, probation 24 months.

 

         

Cheryal Ann Spooney;

Registered Professional Nurse; 91 Circle Drive, Hempstead, NY 11550-6648; Lic. No. 486800; Cal. No. 22028; Application for consent order granted; Penalty agreed upon: 3 month actual suspension, 21 months stayed suspension, concurrent 2 year period of probation.

 

         

Mariamma Mathew;

Licensed Practical Nurse, Registered Professional Nurse; 80 Crosby Avenue, Albertson, NY 11507; Lic. Nos. 257305, 502854; Cal. Nos. 22063, 22062; Application for consent order granted; Penalty agreed upon: Indefinite suspension under the terms as set forth in the consent order application � upon return to practice, 2 years probation, $500 fine.

 

         

Marilyn Landolfi;

Licensed Practical Nurse, Registered Professional Nurse; 68-41 Jay Avenue, Maspeth, NY 11378; Lic. Nos. 194412, 404505; Cal. Nos. 22108, 22109; Application for consent order granted; Penalty agreed upon: Indefinite suspension until fit to practice � upon return to practice, 2 years probation, $1,500 fine.

 

         

Mary E. Smiley;

Licensed Practical Nurse; 188 Oswego River Road, Phoenix, NY 13135; Lic. No. 268575; Cal. No. 22133; Application for consent order granted; Penalty agreed upon: Partial actual suspension, 2 years probation, $500 fine.

 

         

Brendan Patrick Tunney;

Licensed Practical Nurse; 160 Sethland Drive, Rochester, NY 14617-5423; Lic. No. 222806; Cal. No. 22140; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $250 fine.

 

         

Thomas Joseph Drzymala;

Licensed Practical Nurse, Registered Professional Nurse; 76 Marilyn Drive, West Seneca, NY 14224; Lic. Nos. 177512, 385369; Cal. Nos. 22148, 21970; Application for consent order granted; Penalty agreed upon: Indefinite actual suspension until fit to practice � upon return to practice, 2 years probation.

 

         

Stephanie Ann Augustine;

Registered Professional Nurse; 15 Rush Place, Oyster Bay, NY 11771; Lic. No. 362721; Cal. No. 22156; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $500 fine.

 

         

Patricia A. Dittmeier a/k/a Patricia Ann Sliwinski;

Licensed Practical Nurse, Registered Professional Nurse; 45-14 Arcadia Lane, Great Neck, NY 11020; Lic. Nos. 093216, 384231; Cal. Nos. 22157, 22158; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $500 fine.

 

         

Mijung Nam;

Registered Professional Nurse; 81-31  166th Street, Hillcrest, NY 11432; Lic. No. 466763; Cal. No. 22159; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $500 fine.

 

         

Paulita Ortiz;

Registered Professional Nurse; 3220 Poplar Place, Wantagh, NY 11793; Lic. No. 468272; Cal. No. 22160; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $500 fine.

 

         

Danielle Buffolino;

Licensed Practical Nurse, Registered Professional Nurse; 12 Briggs Street, Hicksville, NY 11801; Lic. Nos. 249992, 514124; Cal. Nos. 22161, 22162; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $500 fine.

 

         

Antonia L. Gluck a/k/a Antonia Liotta;

Licensed Practical Nurse, Registered Professional Nurse; 102 Woodland Drive, New Hyde Park, NY 11040; Lic. Nos. 225482, 472839; Cal. Nos. 22163, 22164; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $500 fine.

 

         

Michelle Tallos-Amato;

Registered Professional Nurse; 720 Washington Street, Franklin Square, NY 11010; Lic. No. 502258; Cal. No. 22165; Application for consent order granted; Penalty agreed upon:  1 year stayed suspension, 1 year probation, $500 fine.

 

         

Francine M. Crowley;

Licensed Practical Nurse, Registered Professional Nurse; 399 East 14th Street, Elmira Heights, NY 14903; Lic. Nos. 164419, 358537; Cal. Nos. 22168, 22167; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $500 fine.

 

         

George Fitzgerald;

Licensed Practical Nurse; 1786 Lincoln Terrace, Peekskill, NY 10566-4112; Lic. No. 232024; Cal. No. 22197; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation.

 

         

Jodi Lynn Baker;

Registered Professional Nurse; 6613 River Road, Waverly, NY 14892; Lic. No. 545896; Cal. No. 22230; Application for consent order granted; Penalty agreed upon: Indefinite actual suspension until fit to practice � upon return to practice, 2 years probation.

 

         

Suzanne Marie Abel;

Registered Professional Nurse; 834 Watson Place, Utica, NY 13502; Lic. No. 415977; Cal. No. 22247; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $500 fine.

 

         

Donna B. Martinez;

Registered Professional Nurse; 2296 Union Road, Cheektowaga, NY 14227; Lic. No. 254175; Cal. No. 22254; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $500 fine.

 

         

Katherine Marie Taylor;

Licensed Practical Nurse; 2541 Olinville Avenue, Bronx, NY 10467; Lic. No. 270300; Cal. No. 22306; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation.

 

 


          Jennifer Kim;

1117 Inwood Terrace, Fort Lee, NJ 07024; Lic. No. 047765; Cal. No. 22135; Application for consent order granted; Penalty agreed upon: 2 year suspension, execution of last 15 months of suspension stayed, 2 years probation, $2,500 fine.

 

 


          Carlos Basabe;

384 Broadway, Brentwood, NY 11717; Lic. No. 009156; Cal. No. 22037; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $1,000 fine.

 

         

Jon David Redfield;

411 East Main Street, Fredonia, NY 14063; Lic. No. 006619; Cal. No. 22207; Application for consent order granted; Penalty agreed upon: Censure and Reprimand, 1 year probation, $1,000 fine.

 



 

 

The Board of Regents voted on September 9, 2005 to deny the petition for restoration of the physician license of William Hicks, Baton Rouge, LA.  Dr. Hicks� license was originally surrendered effective December 12, 1994.

 

The Board of Regents voted on September 9, 2005 to stay the surrender of the dentist license of Emilia Cearnetchi, Jamaica Estates, NY, for a period not to exceed two years, place her on probation for two years under specified terms and conditions, and upon successful completion of the terms of probation, fully restore her license. Dr. Cearnetchi�s license was originally surrendered effective July 26, 1999.

 

The Board of Regents voted on September 9, 2005 to deny the petition for restoration of the physician license of Jacob Neuman, Jamaica, NY.  Dr. Neuman�s license was originally revoked effective May 26, 1997.