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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 14 and 15, 2009

 

Anthony Lofrumento, Secretary

Board of Regents


THE BOARD OF REGENTS

              The Board of Regents of The University of the State of New York held public sessions on Monday, September 14 at 8:50 a.m. and  9:10 a.m. and on Tuesday, September 15 at 11:10 a.m. pursuant to a call duly sent to each Regent.

MEETING OF THE FULL BOARD, Monday, September 14, 8:50 a.m.

Board Members in Attendance:

Merryl H. Tisch, Chancellor

Milton L. Cofield, Vice Chancellor

Robert M. Bennett, Chancellor Emeriuts

Saul B. Cohen

James C. Dawson

Anthony S. Bottar

Geraldine D. Chapey

Harry Phillips, 3rd

Joesph E. Bowman, Jr.

James R. Tallon, Jr.

Charles R. Bendit

Lester W. Young, Jr.

Christine D. Cea

Wade S. Norwood

              Also present were the Interim Commissioner Carole F. Huxley, Acting Counsel and Deputy Commissioner for Legal Affairs, Erin O’Grady-Parent, and the Secretary, Board of Regents, Anthony Lofrumento.  Regents Roger Tilles, Karen Brooks Hopkins and Betty A. Rosa were absent and excused.

              Chancellor Merryl H. Tisch called the meeting to order at 8:50 a.m.

ACTION ITEMS

Executive Session Motion

              MOVED, that the Board of Regents convene in Executive Session on Monday, September 14 at 8:55 a.m. and on Tuesday, September 15 at 8:00 a.m. for the purpose of discussing litigation and personnel matters.           

              Motion by:                    Regent James C. Dawson

              Seconded by:                Regent Saul B. Cohen

              Action:                          Motion carried unanimously

Acceptance of a $6,000,000 Four-Year Grant from The Bill & Melinda Gates Foundation to Support the Creation of Approximately 11 Smart Scholars Early College High Schools Throughout the State of New York

BR (A) 3

              MOVED, that the Board of Regents accepts the sum of $6,000,000 from The Bill & Melinda Gates Foundation to implement the Smart Scholars network of early college high schools.

              Motion by:                    Regent Saul B. Cohen

              Seconded by:               Chancellor Emeritus Bennett

              Action:                          Motion carried unanimously

State Education Department July and August 2009 Fiscal Report

BR (A) 4

                           

              MOVED, that the Board of Regents accept the July and August 2009 State Education Department Fiscal Reports as presented.

              Motion by:                    Regent Anthony S. Bottar

              Seconded by:                Regent James C. Dawson

              Action:                          Motion carried unanimously

Appointment of Senior Deputy Commissioner, P-12

BR (A) 5

             

MOVED, that the Board of Regents accept the appointment of John B. King, Jr. to the position of Senior Deputy Commissioner, P-12, effective October 1, 2009.

              Motion by:                    Chancellor Merryl H. Tisch

              Seconded by:                Regent Harry Phillips, 3rd

              Action:                          Motion carried unanimously

DISCUSSION ITEMS

Development of New York’s Race to the Top Application

BR (D) 1

              Regent Young provided an overview of Race to the Top activities including integration with ongoing Board activities including standards, PMO, urban teachers and others.  The Regent provided an overview of work completed and work ahead to a December submission of a final application to the Governor.

INFORMATION ITEMS

Strategic Plan for 2010-11 School Improvement System (PMO)

              Regent Tallon provided an update of PMO work to date including that of the work group headed by Deputy Commissioner Cort.  Analysis of the plan and various funding sources will continue.

             

Report on H1N1 Flu Preparation from the Department of Health (DOH) and SED

Oral

Interim Commissioner’s Report to the Board

Oral

              Interim Commissioner Huxley provided an overview of Department activities and accomplishments and a preview of the September meeting including the Office of the Professions fee increase, Race to the Top Stakeholders meetings, H1N1 work in conjunction with the Department of Health, strengthening teacher preparation, and a visit and gift from the Netherlands as part of the 400th Anniversary of Henry Hudson’s discovering the Hudson River.  Finally, Interim Commissioner Huxley expressed appreciation for the opportunity to serve as Interim Commissioner.

              Full Board adjourned at 10:35 a.m.

 

MEETING OF THE FULL BOARD, Tuesday, September 15, 11:10 a.m.

Board Members in Attendance:

Merryl H. Tisch, Chancellor

Saul B. Cohen

James C. Dawson

Anthony S. Bottar

Geraldine D. Chapey

Harry Phillips, 3rd

Joseph E. Bowman, Jr.

James R. Tallon, Jr.

Lester W. Young, Jr.

Christine D. Cea

              Also present were the Interim Commissioner Carole F. Huxley, Acting Counsel and Deputy Commissioner for Legal Affairs, Erin O’Grady-Parent, and the Secretary, Board of Regents, Anthony Lofrumento.  Vice Chancellor Milton L. Cofield, Chancellor Emeritus Robert M. Bennett, Regents Roger Tilles, Charles R. Bendit, Karen Brooks Hopkins, Betty A. Rosa and Wade S. Norwood were absent and excused.

              Chancellor Merryl H. Tisch called the meeting to order at 11:10 a.m.

ACTION ITEMS

Charter Applications for September 2009

BR (A) 1

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

              Motion by:                    Regent James R. Tallon, Jr.

              Seconded by:                Regent James C. Dawson

              Action:                          Motion carried unanimously 

Summary of the July 2009 Meeting

BR (A) 2

              MOVED, that the Summary of the July 2009 Meeting of the Board of Regents of The University of the State of New York be approved.

              Motion by:                    Regent James R. Tallon, Jr.

              Seconded by:                Regent James C. Dawson

              Action:                          Motion carried unanimously

PROGRAM AREA CONSENT ITEMS

Appointments to the Regents Advisory Council on Libraries

BR (CA) 1

MOVED, that John Hammond be appointed to the Regents Advisory Council on Libraries to fill an unfulfilled term from October 1, 2009 and ending September 30, 2011 and that Dionne Mack-Harvin, Mary Muller, and Louise S. Sherby be appointed for full terms beginning October 1, 2009 and ending September 30, 2014.

             

Petition of the Batavia City School District for Consent to Exceed the Constitutional Debt Limit

BR (CA) 2

              MOVED, that the Board of Regents hereby give consent to the issuance of bonds and/or bond anticipation notes by the Board of Education of the Batavia City School District in an amount not to exceed $5,352,321 for technology, capital improvements consisting of additions to, and reconstruction of school buildings, grounds and facilities throughout the district and the issuance of such bonds and/or bond anticipation notes in excess of the constitutional debt limit of said school district.

Proposed Amendment of Section 174.2 of the Regulations of the Commissioner, Relating to State Aid

BR (CA) 3

              MOVED, that section 174.2 of the Regulations of the Commissioner of Education be amended as submitted, effective October 8, 2009; and it is further

              MOVED, That section 174.2 of the Regulations of the Commissioner of Education be amended as submitted, effective September 28, 2009, 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 emergency rule adopted at the April and July 2009 Regents meetings, which established the methodology for computing allowable tuition rates for nonresident pupils for public reporting by school districts,  remains continuously in effect until the effective date of its adoption as a permanent rule, and thereby avoid disruption to the preparation and administration of contracts for the reimbursement of school districts which provide instruction to nonresident pupils for the 2009-2010 school year.             

Proposed Amendment of sections 100.2(p), 120.2, 120.3 and 120.4 of the Regulations of the Commissioner of Education, Relating to Differentiated Accountability

BR (CA) 4

MOVED, that clause (a) of subparagraph (ii) of paragraph (2) of subdivision (p) of section 100.2 of the Regulations of the Commissioner of Education, subparagraph (vii) of paragraph (5), subparagraph (iii) of paragraph (9), and paragraphs (10) and (11), be amended; that paragraph (6) of subdivision (p) of section 100.2 be repealed and a new paragraph (6) be added; and that subdivisions (g), (h) and (i) of section 120.2, subdivisions (a) and (g) of section 120.3, and subdivisions (b) and (f) of section 120.4 be amended, as submitted, effective September 29, 2009, as an emergency action upon a finding by the Board of Regents that such action is necessary for the preservation of the general welfare, to immediately adopt clarifying and corrective revisions to the rule in response to public comment and to otherwise ensure that the emergency rule adopted at the May 2009 Regents meeting remains continuously in effect until such time as it can be adopted as a permanent rule, and thereby avoid disruption to the administration of the Differentiated Accountability Pilot Program for the 2009-2010 school year.

             

Master Plan Amendment: State University of New York College of Technology at Canton to award a Bachelor in Technology (B.Tech) degree in Information Technology

BR (CA) 5

MOVED, that the Board of Regents approve the amendment to the master plan of the State University of New York authorizing the State University of New York College of Technology at Canton to offer the program in Information Technology leading to the Bachelor of Technology degree. The amendment will be effective until July 28, 2010, unless the Department registers the program prior to that date, in which case master plan amendment shall be without term.

Bryant and Stratton College:  Regents Authorization to Permit Bryant and Stratton College to Award the Associate in Applied Sciences (A.A.S.) Degree

BR (CA) 6

MOVED, that the Board of Regents authorize Bryant and Stratton to award the Associate in Applied Sciences (A.A.S.) degree.

             

Appointment to the State Teachers’ Retirement System Board

BR (CA) 7

              MOVED, that the Board of Regents approve the appointment of Michael J. Masse to the New York State Teachers’ Retirement System Board for the remainder of a three-year term commencing immediately and expiring June 30, 2010.

             

Proposed Amendment of Section 150.4 of the Regulations of the Commissioner, Relating to State Aid for High Need Nursing Programs

BR (CA) 8

MOVED, that section 150.4 of the Regulations of the Commissioner of Education be amended as submitted, effective October 8, 2009.    

             

Appointment to the State Professional Standards and Practices Board for Teaching

BR (CA) 9

MOVED, that the Board of Regents approve the following appointments to the State Professional Standards and Practices Board for Teaching: that Colleen Clay (higher education), Khalek Kirkland (school leader), John Mahoney (teacher), and Margaret Kaiser (public) be appointed to an unexpired term beginning September 14, 2009 and ending June 30, 2013.  It is recommended that the Board of Regents approve the following appointments to the State Professional Standards and Practices Board for Teaching: Ross Marvin (student) be appointed to an unexpired term beginning September 14, 2009 and ending June 30, 2011. 

             

Appointments and Reappointments of Members to the State Boards for the Professions and Appointment of an Extended Member to the State Boards for the Professions for Service on Licensure Disciplinary and/or Licensure Restoration and Moral Character Panels

BR (CA) 10

              MOVED, that the Board of Regents approve the appointments and reappointments of members to the State boards for the professions. 

Master Plan Amendment:  Bramson ORT College, Associate in Applied Science (A.A.S.) Degree in Pharmacy Technician

BR (CA) 11

              MOVED, that the Board of Regents authorize Bramson ORT College to offer the Associate in Applied Science (A.A.S.) degree in Pharmacy Technician. This Master Plan Amendment will be effective until September 15, 2010, unless the Department registers the program prior to that date, in which case the Master Plan Amendment shall be without term.

             

Master Plan Amendment: State University College at Old Westbury, Master of Science (M.S.) in Mental Health Counseling

BR (CA) 12

              MOVED, that the Board of Regents approve the proposed master plan amendment of the State University of New York authorizing the College at Old Westbury to offer the Master of Science degree program in Mental Health Counseling. This amendment will be effective until September 15, 2010, unless the Department registers the program prior to that date, in which case the Master Plan Amendment shall be without term.

Master Plan Amendment: State University of New York at Albany, Bachelor of Science (B.S.) in Nanoscale Engineering

BR (CA) 13

              MOVED, that the Board of Regents approve the proposed master plan amendment of the State University of New York authorizing the University at Albany to offer the Bachelor of Science (B.S.) degree in Nanoscale Engineering.  This Amendment will be effective until September 15, 2010, unless the Department registers the program prior to that date, in which case the Master Plan Amendment shall be without term.

Regents Permission to Operate in New York State:   University of Pennsylvania

BR (CA) 14

MOVED, that the Regents approve the proposed permission to operate, effective September 15, 2009, to authorize the University of Pennsylvania to use one clinical agency in New York for clinical education of students enrolled in the clinical specialist and nurse practitioner options of its Psychiatric Mental Health Nursing program leading to the Master of Science in Nursing degree.

Report of the Committee on the Professions Regarding Licensing Petitions

BR (CA) 15

MOVED, that the Regents approve the recommendations of the Committee on the Professions regarding licensing petitions.

Proposed Amendments to the Rules of the Board of Regents and the Regulations of the Commissioner of Education Relating to the Definition of Unprofessional Conduct and Licensure and Practice Requirements for Certified Public Accountants

BR (CA) 16

MOVED, that paragraphs (13) and (14) of subdivision (a) and subdivisions (h) and (i) of section 29.10 of the Rules of the Board of Regents be added; that paragraph (1) of subdivision (b) of section 52.13 of the Regulations of the Commissioner of Education be amended; and that sections 70.1 through 70.7 of the Regulations of the Commissioner of Education be repealed and new sections 70.1 through 70.9 be added, as submitted, effective October 20, 2009, as an emergency action upon a finding by the Board of Regents that such action is necessary to preserve the general welfare in order to ensure that the emergency rule adopted at the June 2009 Regents meeting, remains continuously in effect until the effective date of its adoption as a permanent rule to avoid disruption of the implementation of Chapter 651 of the Laws of 2008.             

              Motion by:                   Regent Saul B. Cohen           

              Seconded by:               Regent James C. Dawson

              Action:                         Motion carried unanimously

STANDING COMMITTEE REPORTS

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

              Motion by:                    Regent Geraldine D. Chapey           

              Seconded by:                Regent James C. Dawson

              Action:                          Motion carried unanimously

Full Board adjourned at 11:50 a.m.

 

AUDITS

Your Regents Subcommittee on Audits had its scheduled meeting on September 14, 2009. The member of the Subcommittee in attendance was Regent Chapey. Chancellor Tisch also attended.

Items for Discussion

Chair’s Remarks:  Regent Chapey welcomed everyone and opened the meeting by reinforcing the importance of audits, and the information they provide to the Board of Regents and Department management. She stated we are at a critical point in time with the flow of stimulus funds to educational institutions and that we must have appropriate controls to ensure that in the next two to three years the stimulus funds are appropriately used for educational reform. She complemented the work of the Department’s Internal Audit Work Group in reviewing and summarizing the 77 audits that were presented to the Subcommittee this month.

Office of Audit Services (OAS) 2009-2011 Audit Plan Activities related to the American Reinvestment and Recovery Act  (ARRA) Funds

Staff described the OAS development of plans for auditing ARRA funds on a continuous basis. OAS has developed both an internal and external risk assessment to identify appropriate audit topics. The Office will be conducting both internal and external audits based on the risks they have identified. The internal audits will examine key Department processes for appropriately administering the funds. It is anticipated the audits will examine the application review and approval process; the process for receiving information and posting to recovery.gov; payment processing; and sub recipient monitoring. The external audits will examine, among other things, the reliability and integrity of data submitted by the sub recipients, the support for payment requests, the management and use of cash, and final reports. The Chancellor reinforced the importance of appropriately administering and controlling these funds. 

External Quality Assessment of the OAS

Staff summarized the results of an external quality assessment of the OAS. The assessment found that OAS received the highest overall rating, “generally conforms” to the Standards. The report did include recommendations to improve the operation of the program in four areas:  the OAS Charter, Independence and Objectivity, Nature of Work, and Monitoring. The Department is reviewing the recommendations and expects to fully comply with the assessment.

Presentation of Audits

Seventy-seven audits were presented to the Subcommittee this month. They were all reviewed by the Department’s Internal Audit Workgroup and six common trends were identified. The trends identified included issues related to fund balance and reserves; potential conflicts of interest; lack of compliance with board training requirements; fingerprinting and criminal history background checks; claims audit and internal audit issues; and audits of the New York City Department of Education, which included monitoring of supplemental education services, awarding of non-competitive contracts, school nutrition, the administration of New York State standardized tests, and the calculation of high school graduation rates.

 

COMMITTEE ON CULTURAL EDUCATION

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

Your Committee on Cultural Education had its scheduled meeting on September 14, 2009.

In attendance were: Regents Dawson, Bowman, Brooks Hopkins, Phillips. In addition to CE Committee Members, Board Members in attendance included Chancellor Tisch, Bennett, Bendit, Bottar, Cea, Cohen, Norwood, Tallon, and Young

Absent: Regent Tilles

ITEMS FOR DISCUSSION

Chairs’ Remarks: Regent Dawson greeted everyone and opened the meeting announcing two new temporary exhibits that are at the NYS Museum; Through the Eyes of Others and 1609.

Deputy’s Report: Deputy Commissioner Jeffrey Cannell greeted everyone and briefly mentioned the Deputy’s Monthly Report that was shared electronically with the Board of Regents prior to the September meeting.  Richard Trautwein, Office of Counsel, gave a brief update regarding the Rochester Historical Society. The requested information has been received and will be evaluated by staff.  Once all the information has been evaluated, a meeting will be scheduled with Regent Norwood, Vice Chancellor Cofield and Regent Dawson.

CE (D) 3: Report and Discussion on Office of Cultural Education Finances was delivered by Regent Dawson and Deputy Commissioner Cannell. The report focused on the status of the Cultural Education (CE) Account including declining revenues, the account’s negative cash balance as stated in the Regents Item and a request for the Regents’ assistance in seeking immediate and long-term solutions.

A written Report to the Board of Regents on the Cultural Education Account was provided to Board Members providing background information on the account including the severe decline of the revenue source supporting the CE Account that was compounded by significant annual fund transfers from the CE Account to non-OCE programs; a chart showing trends in CE Account revenue; and since the CE Account balance is fully depleted, steps that must be taken immediately.

It was noted that in March 2009, Assembly bill A-6783 and Senate bill S-3640 had been introduced but both bills stalled in Committee.

The floor was opened to discussions and included advocacy efforts and strategies to move forward – seeking solutions both immediate and long-term for the CE Account.

CE (D) 2: Talking Book and Braille Libraries (TBBL)

The report on TBBL was presented by Loretta Ebert, Director of the New York State Research Library and assisted by Sharon Phillips, Associate Librarian.  Ms. Ebert stated the New York State Library is the regional Talking Book and Braille Library for 55 Upstate counties and serves over 38,000 visually, physically or learning disabled readers. Seven downstate counties are served by the New York Public Library’s Andrew Heiskell Library and the Long Island (Nassau and Suffolk) Talking Book and Braille Library serving 20,000 visually, physically or learning disabled readers.  Readers receive, free of charge, cassette books, playback equipment and descriptive videos.

Ms. Ebert concluded her presentation speaking of a new format launched this year consisting of digital books and digital book readers, its technology and user friendliness, and BARD pilot program – a download service that will ultimately be available.

Discussions on revenue, funding sources, outreach efforts and consumers were also covered followed by Q and A.

CE (D) 1: Continuing 9/11 Documentation Efforts

Maria Holden, Chief of Archival Services reported on a new web site: 9/11 Memory and History What to Save and How and stressed the importance of historical record keeping.  Ms. Holden spoke of some of the components of the website and its user friendly formats.

Ms. Holden provided background information stating the Office of Cultural Education collaborated with other institutions, organizations and repositories in the New York City/Long Island area to preserve and document records of the World Trade Center disaster and its aftermath for future generations.   The NYS Museum has a major 9/11 collection which is the largest in the world including a traveling exhibit, that is now in France, containing objects that tell the story.  In addition, the NYS Archives played a vital role in documenting the 9/11 event – making sure that the historical record is complete, balanced and preserved.

Workshops were offered to families to help guide family members on how to preserve the story of their loved one and provided guidance on the process of turning their collection(s) over to a historical records repository when families were ready to do so. 

 

REGENTS COMMITTEE ON ELEMENTARY, MIDDLE, SECONDARY AND CONTINUING EDUCATION

Your EMSC Committee held its scheduled meeting on September 14, 2009.  All Committee members were present except for Regents Tilles and Rosa, who were excused.

ACTION ITEMS

Charter Schools

Your Committee recommends that the Board of Regents issue a charter and provisional charter to the Health Sciences Charter School for a term of five years, up through and including June 30, 2014.     [EMSC (A) 1]

Your Committee recommends that the Board of Regents approves the revision to the first renewal charter of the Charter School for Applied Technologies and the provisional charter is amended accordingly.    [EMSC (A) 2]

Your Committee recommends that the Board of Regents returns the proposed fourth renewal charter of The Ark Community Charter School to the Trustees of the State University of New York for reconsideration, and with the following comments and recommendations: That (a) the proposed fourth renewal charter be resubmitted to the Regents for consideration after information regarding all provisions of the school’s proposed fourth renewal charter (including its educational program) that have been changed, if any, since its second and third renewal charter be provided, and  (b) a curriculum that addresses and is aligned with all 28 New York State Learning Standards and a core curricula at each grade level be provided. In addition, it is also recommended that the proposed bylaw provision purportedly authorizing the school to make loans be removed.   [EMSC (A) 3]

Your Committee recommends that the Board of Regents returns the proposed first renewal charter of the Oracle Charter School to the Trustees of the State University of New York for reconsideration, and with the following comments and recommendations: that the resubmission provide (a) information regarding all provisions of the School’s first renewal charter (including its educational program) that have been changed, if any, since its initial charter was approved  and (b) a core curricula to address the math standards.   [EMSC (A) 4]

Your Committee recommends that the Board of Regents approves and issues the charter of the Metropolitan Lighthouse Charter School as proposed by the Chancellor of the city school district of the City of New York and issues a provisional charter to it for a term of five years, up through and including September 14, 2014.  [EMSC (A) 5]

Your Committee recommends that the Board of Regents approves the revision to the initial charter of Academic Leadership Charter School as proposed by the Chancellor of the city school district of the City of New York, and the provisional charter is amended accordingly.   [EMSC (A) 6]

Your Committee recommends that the Board of Regents approves the revision to the initial charter of the Leadership Preparatory Flatbush Charter School as proposed by the Trustees of the State University of New York, and the provisional charter is amended accordingly.  [EMSC (A) 7]

Your Committee recommends that the Board of Regents returns the proposed renewal charter of the Leadership Preparatory Charter School as proposed by the Trustees of the State University of New York, with the following comments and recommendations: that the resubmission provides a curriculum, including the fifth grade, which addresses and is aligned with all 28 New York State learning standards.  [EMSC (A) 8]

Your Committee recommends that the Board of Regents approves and issues the charter of the New York French-American Charter School as proposed by the Chancellor of the city school district of the City of New York and issues a provisional charter to it for a term of five years, up through and including September 14, 2014.  [EMSC (A) 9]

MOTION FOR ACTION BY FULL BOARD

             

              Madam Chancellor and Colleagues:  Your EMSC 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 15, 2009, copies of which have been distributed to each Regent.

MATTERS NOT REQUIRING BOARD ACTION

Graduation Rate – Continuing Discussion on Policy Issues - The Regents continued their discussion on policy issues concerning the graduation rate and the phase-out of the local diploma.  The Regents were given additional data that was requested to help inform the discussion about those issues.  The data included information on how the scheduled phase-out of the local diploma for general education students will work; the breakdown of student performance on the Regents examinations; the impact of eliminating the local diploma on the graduation rate; how the current cohort definition works and what the changes will be when we begin using the new federal definition, and the impact of using an extended year graduation rate for accountability purposes.  Members of the Committee suggested additional related issues for future discussions including how many Regents examinations should be required for graduation, the number of required credits and subjects required for graduation, alignment between policy and practice to ensure an opportunity to learn for all students and consequences for not meeting the graduation rate goal and targets.

 

REGENTS COMMITTEE ON HIGHER EDUCATION

Your Higher Education Committee held its scheduled meeting on September 14, 2009.  All Committee members were present. 

Action Items

D’Youville College

Your Committee recommends that the Board of Regents accredit for seven years the teacher education programs offered by D’Youville College, as listed in the Summary of the Application for Accreditation, with the condition that annual reports address the areas for improvement as is required by Regents Rules.   [HE (A) 1]

MOTION FOR ACTION BY FULL BOARD

              Madam Chancellor and Colleagues:  Your Higher Education Committee recommends, and I move, that the Board of Regents act affirmatively upon each recommendation in the written report of the Committee's deliberations at its meeting on September 15, 2009, copies of which have been distributed to each Regent.

MATTERS NOT REQUIRING BOARD ACTION

Teacher Education Discussion – Commissioner-Elect David Steiner, joined by Debra Colley and Catalina Fortino, Co-Chairs of the Professional Standards and Practices Board for Teaching, led a discussion about the future of teacher preparation.  The Committee suggested issues for future discussion including possible alignment with international standards, increased mentoring opportunities, benefits of performance based and value-added assessments, and strengthening the use of technology. 

 

                                          REGENTS COMMITTEE ON PROFESSIONAL PRACTICE

              Your Professional Practice Committee held its scheduled meeting on September 15, 2009.  All Committee members were present, except Vice Chancellor Milton L. Cofield, who was excused.  Regent James C. Dawson and Regent Christine D. Cea were also present, but did not vote on any case or action.

ACTION ITEMS

Professional Discipline Cases

              Your Committee recommends that the reports of the Regents Review Committees, including rulings, findings of fact, determinations as to guilt, and recommendations, by unanimous or majority vote, contained in those reports which have been distributed to you, be accepted in 7 cases.  In addition, your Committee recommends, upon the recommendation of the Committee on the Professions, that 58 consent order applications and 12 surrender applications be granted.  [PPC EXS (A) 1-3]

              These recommendations are made following the review of 77 cases involving 14 registered professional nurses, 11 licensed practical nurses, 11 pharmacists, seven certified public accountants, five licensed practical nurses who are also registered professional nurses, four pharmacies, three massage therapists, two dentists, two professional engineers, two respiratory therapists, two veterinarians, one architect, one certified public accountant professional corporation, one licensed clinical social worker, one mental health counselor, one midwife, one occupational therapist, one physical therapist, and one respiratory therapist who is also a respiratory therapy technician.

Restoration Petitions

Voted, that the Board of Regents deny the petition of Rajendra Gupta for restoration of his license to practice as a physician in the State of New York.  [PPC EXS (A) 4]

Voted, that the Board of Regents stay the Order of Surrender of Charles Hartman’s license to practice pharmacy; that he be placed on probation under the Terms of Probation of the Committee on the Professions annexed to the Report of the Committee on the Professions as Exhibit A; that, prior to engaging in the practice of pharmacy, he obtain a determination by the Director of the Office of Professional Discipline (OPD) that he has successfully completed the continuing education requirements as set forth in the Terms of Probation of the Committee on the Professions; that the term of his probation commence upon the issuance of the order of the Commissioner of Education in this proceeding and end one year from the date of the determination by the Director of OPD that the applicant has successfully completed his continuing education requirements; and that, following successful completion of his probation, his license be fully restored.  [PPC EXS (A) 5]

Voted, that the Board of Regents stay the Order of Surrender of the physician license of Brij K. Mittal for one year; that he be placed on probation for one year under the Terms of Probation attached to the Report of the Peer Committee as Exhibit “A,” provided that the period of probation shall be tolled during periods in which the applicant is not engaged in the active practice of medicine in New York State; that the applicant shall notify the Director of  OPMC, in writing, if the applicant is not currently engaged in or intends to leave the active practice of medicine in New York State for a period of thirty (30) consecutive days or more; that the applicant shall then notify the Director again prior to any change in that status; and that the period of probation shall resume and any terms of probation which were not fulfilled shall be fulfilled upon the applicant’s return to practice in New York State; and that upon satisfactory completion of the probationary period, his license shall be fully restored.  [PPC EXS (A) 7]

MOTION FOR ACTION BY FULL BOARD

              Madam Chancellor and Colleagues:  Your 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 15, 2009, copies of which have been distributed to each Regent.

MATTERS NOT REQUIRING BOARD ACTION

              Your Committee discussed several topics of interest, including:

 

  • Associate Commissioner’s Report [Oral Report] – The Associate Commissioner provided updates on current topics of interest, including:
    • the Office of the Professions (OP) budget in light of the recent enactment of the OP Fee Bill;
    • the implementation of social work and mental health professions and needed legislation to address critical outstanding issues; and
    • OP’s participation in efforts to provide for widespread immunizations against H1N1 influenza. 

 

VOCATIONAL AND EDUCATIONAL SERVICES FOR INDIVIDUALS WITH DISABILITIES

Your VESID Committee held its scheduled meeting on September 14, 2009.   All

members were present with the exception of Regent Tilles and Rosa who were excused.  Commissioner–Elect Steiner, Interim Commissioner Huxley, Chancellor Tisch,  Vice-Chancellor Cofield, Chancellor Emeritus Bennett, Regents Bottar, Phillips, Tallon and Young, Cea and Norwood also attended.                                     

MATTERS NOT REQUIRING BOARD ACTION

Progress on Special Education In New York City:

The Committee reviewed data on the performance of students with disabilities in NYC including recent gains in 3 – 8 test performance as well as the continuing poor graduation rate and, within that rate, a substantial dependence on the local diploma.  The Committee had an opportunity to dialogue with Laura Rodriguez, the new Chief Achievement Officer for Special Education and English Language Learners, and her Deputy, Dov Rokeach, and their intention to focus on such issues as the referral process; the classification rate and the disproportionate representation of certain groups in more restrictive special class settings; the issues with teacher preparation and professional development, especially the lack of content knowledge of many special class teachers and its impact on student access to instruction in the general education curriculum; and the supports needed for more consistent and appropriate Individualized Education Program (IEP) development that would guide instruction in a more explicit and effective manner.

The Committee also acknowledged the work of Pat Shubert, VESID’s New York City Coordinator for Special Education, who will be retiring at the end of this month after 25 years of service to the Department.

 

Appendix I

NEW YORK STATE BOARD OF REGENTS CHARTER ACTIONS

 

CULTURAL EDUCATION

ABSOLUTE CHARTER

SODUS COMMUNITY LIBRARY

Sodus, Wayne County

The board of trustees has petitioned the Board of Regents to form a corporation to provide library services, including not only reading and reference material, but also a wide variety of educational, informational and recreational items selected to meet the needs of the people it is chartered to serve. The Office of Cultural Education recommends that an absolute charter in the first instance be granted.

AMENDMENT OF CHARTERS

ALEXANDER FINDLEY COMMUNITY LIBRARY 

Findley Lake, Chautauqua County

A provisional charter was granted to this corporation by action of the Board of Regents on March 7, 2000 to operate a library.  Such provisional charter was extended by Regents action September 11, 2006.  The board of trustees has applied for an amendment to the provisional charter to specify the number of trustees to be not less than five nor more than eleven.  The Office of Cultural Education recommends that the provisional charter be amended accordingly.

CENTER MORICHES FREE PUBLIC LIBRARY

Center Moriches, Suffolk County

A provisional charter was granted to this corporation by action of the Board of Regents on July 21, 1950 to operate a library.  Such provisional was made absolute by Regents action on January 27, 1956. Such absolute charter was amended by Regents action on June 25, 1971.  The board of trustees has applied for an amendment to the absolute charter to designate the service area of the library to be the Center Moriches Union Free School District, to designate the Commissioner of Education as agent of the corporation upon whom process in any action or proceeding against it may be served, and to add the language necessary to maintain tax-exempt status under Internal Revenue Code §501(c)(3).  The Office of Cultural Education recommends that the absolute charter be amended accordingly.

CLINTON-ESSEX-FRANKLIN LIBRARY SYSTEM

Plattsburgh, Clinton County

A provisional charter was granted to this corporation by action of the Board of Regents on September 24, 1954 under the corporate name “Clinton-Essex County Library Service System” to operate a library.  Such provisional charter was amended by Regents action on January 25, 1962 to include a name change the corporate name to “Clinton-Essex-Franklin Library.”  Such provisional charter was extended by Regents action on September 24, 1965 and made absolute on September 26, 1969.  The board of trustees has applied for an amendment to the absolute charter to change the corporate name to “Clinton-Essex-Franklin Library System”, to add the language necessary to maintain tax-exempt status under Internal Revenue Code §501(c)(3) and to designate the Commissioner of Education as the agent of the corporation for the purpose of service of process. The Office of Cultural Education recommends that the absolute charter be amended accordingly.

CLYMER-FRENCH CREEK FREE LIBRARY

Clymer, Chautauqua County

A provisional charter was granted to this corporation by action of the Board of Regents on July 19, 1940 to operate a library.  Such provisional charter was extended by Regents action on December 20, 1946, September 15, 1950, Mary 27, 1955, June 24, 1960, October 29, 1965 and was made absolute on September 25, 1970.  The board of trustees has applied for an amendment to the absolute charter to designate the service area of the library to be the Town of Clymer and the Town of French Creek, and to specify the number of trustees to be not less than five nor more than fifteen.  The Office of Cultural Education recommends that the absolute charter be amended accordingly.

GOWANDA FREE LIBRARY

Gowanda, Cattaraugus and Erie Counties

A provisional charter was granted to this corporation by action of the Board of Regents on June 25, 1900 to operate a library.  Such provisional was made absolute by Regents action on June 28, 1905.  The board of trustees has applied for an amendment to the absolute charter to designate the service area of the library to be the Town of Persia (Cattaraugus County) and the Village of Gowanda (Cattaraugus and Erie Counties), to specify the number of trustees to be not less than five nor more than fifteen, to designate the Commissioner of Education as agent of the corporation upon whom process in any action or proceeding against it may be served, and to add the language necessary to maintain tax-exempt status under Internal Revenue Code §501(c)(3).  The Office of Cultural Education recommends that the absolute charter be amended accordingly.

HUDSON FALLS FREE LIBRARY

Hudson Falls, Washington County

An absolute charter was granted to this corporation by action of the Board of Regents on October 27, 1910 to operate a library.  The board of trustees has applied for an amendment to the absolute charter to designate the service area of the library to be the Hudson Falls Central School District, to specify the number of trustees to be not less than five nor more than nine, to designate the Commissioner of Education as agent of the corporation upon whom process in any action or proceeding against it may be served, and to add the language necessary to maintain tax-exempt status under Internal Revenue Code §501(c)(3).  The Office of Cultural Education recommends that the absolute charter be amended accordingly.

HUNTER PUBLIC LIBRARY

Hunter, Greene County

An absolute charter was granted to this corporation by action of the Board of Regents under the corporate name “Public Library of Central School District No. 1” on June 16, 1939 to operate a library.  Such absolute charter was amended by Regents action on February 23, 2004 to change the corporate name to “Hunter Public Library.”  The board of trustees has applied for an amendment to the absolute charter to designate the service area of the library to be the Hunter-Tannersville Central School District, to specify the number of trustees to be not less than five nor more than fifteen, to designate the Commissioner of Education as agent of the corporation upon whom process in any action or proceeding against it may be served, and to add the language necessary to maintain tax-exempt status under Internal Revenue Code §501(c)(3).  The Office of Cultural Education recommends that the absolute charter be amended accordingly.

MARCELLUS FREE LIBRARY

Marcellus, Onondaga County

A provisional charter was granted to this corporation by action of the Board of Regents on February 26, 1914 to operate a library.  Such provisional charter was amended by Regents action on February 24, 1921, and made absolute on November 15, 1940.  The board of trustees has applied for an amendment to the absolute charter to designate the service area of the library to be the Town of Marcellus, to specify the number of trustees to be not less than five nor more than twenty-five, to designate the Commissioner of Education as agent of the corporation upon whom process in any action or proceeding against it may be served, and to add the language necessary to maintain tax-exempt status under Internal Revenue Code §501(c)(3).  The Office of Cultural Education recommends that the absolute charter be amended accordingly.

MEXICO PUBLIC LIBRARY

Mexico, Oswego County

A provisional charter was granted to this corporation by action of the Board of Regents on April 23, 1965 to operate a library.  Such provisional charter was made absolute by Regents action on December 17, 1971, and amended on June 19, 1980.  The board of trustees has applied for an amendment to the absolute charter to designate the service area of the library to be the Village of Mexico, to specify the number of trustees to be not less than five nor more than fifteen, to designate the Commissioner of Education as agent of the corporation upon whom process in any action or proceeding against it may be served, and to add the language necessary to maintain tax-exempt status under Internal Revenue Code §501(c)(3).  The Office of Cultural Education recommends that the absolute charter be amended accordingly.

MORRISTOWN PUBLIC LIBRARY

Morristown, St. Lawrence County

A provisional charter was granted to this corporation by action of the Board of Regents on June 5, 1894 to operate a library.  Such provisional charter was made absolute by Regents action on June 26, 1899.  The board of trustees has applied for an amendment to the absolute charter to designate the service area of the library to be the Village of Morristown, to specify the number of trustees to be not less than five nor more than fifteen, to designate the Commissioner of Education as agent of the corporation upon whom process in any action or proceeding against it may be served, and to add the language necessary to maintain tax-exempt status under Internal Revenue Code §501(c)(3).  The Office of Cultural Education recommends that the absolute charter be amended accordingly.

NORTH TONAWANDA HISTORY MUSEUM

North Tonawanda, Niagara County

A provisional charter was granted to this corporation by action of the Board of Regents on April 20, 2004 to operate a history museum.  The board of trustees has applied or an amendment to the provisional charter to change the corporate address to 54-60 Webster Street, North Tonawanda, New York 14120.  The Office of Cultural Education recommends that the provisional charter be amended accordingly.

PORT BYRON LIBRARY

Port Byron, Cayuga County

A provisional charter was granted to this corporation by action of the Board of Regents on September 17, 1999 to operate a library.  Such provisional charter was made absolute Regents action on October 23, 2007.  The board of trustees has applied for an amendment to the absolute charter to specify the number of trustees to be not less than seven nor more than eleven, to change the terms of office of the trustees from five years to three years, and to change the corporate address to 12 Mentz Drive, P.O. Box 520, Port Byron, New York 13140.  The Office of Cultural Education recommends that the absolute charter be amended accordingly.

QUOGUE LIBRARY

Quogue, Suffolk County

An absolute charter in the first instance was granted to this corporation by action of the Board of Regents on June 28, 1897 to operate a library.  The board of trustees has applied for an amendment to the absolute charter to designate the service area of the library to be Quogue Union Free School District and to specify the number of trustees to be not less than nine nor more than fifteen.  The Office of Cultural Education recommends that the absolute charter be amended accordingly.

SCHROON LAKE PUBLIC LIBRARY

Schroon, Essex County

A provisional charter was granted to this corporation by action of the Board of Regents on April 27, 1979 to operate a library.  Such provisional charter was made absolute by Regents action on July 25, 1984.  The board of trustees has applied for an amendment to the absolute charter to designate the service area of the library to be the Town of Schroon, to specify the number of trustees to be not less than five nor more than fifteen, to designate the Commissioner of Education as agent of the corporation upon whom process in any action or proceeding against it may be served, and to add the language necessary to maintain tax-exempt status under Internal Revenue Code §501(c)(3).  The Office of Cultural Education recommends that the absolute charter be amended accordingly.

SHERRILL-KENWOOD FREE LIBRARY

Sherrill, Oneida County

An absolute charter in the first instance was granted to this corporation by action of the Board of Regents on February 16, 1951 to operate a library.  Such absolute charter was made amended by Regents action on November 19, 1993.  The board of trustees has applied for an amendment to the absolute charter to designate the service area of the library to be the Town of Sherrill and the census tracts numbered 360530301033009, 360530301033002, 360530301033001, 360530301033005, 360530301033006, 360530301033000, 360530301033003, 360530301033008, 360530301033007, 360530301033019, 360530301033018, 360530301033014, 360530301033020, 360530301033021, 360530301033022, 360530301033054, and 360530301033048, according to the 2000 U.S. Census.  The Office of Cultural Education recommends that the absolute charter be amended accordingly.

SIDNEY MEMORIAL PUBLIC LIBRARY

Sidney, Delaware County

An absolute charter in the first instance was granted to this corporation by action of the Board of Regents on October 16, 1942 under the corporate name of “Sidney Public Library” to operate a library.  Such absolute charter was made amended by Regents action on January 29, 1985 to change the corporate name to “Sidney Memorial Public Library”, and further amended on July 22, 1986.  The board of trustees has applied for an amendment to the absolute charter to designate the service area of the library to be the Sidney Central School District and to specify the number of trustees to be not less than five nor more than fifteen.  The Office of Cultural Education recommends that the absolute charter be amended accordingly.

PROVISIONAL CHARTERS

THE ALCO HISTORICAL AND TECHNICAL SOCIETY

Albany, Albany County

The board of trustees has petitioned the Board of Regents to form a corporation to encourage, promote and disseminate a greater knowledge among the public of the Schenectady Locomotive Works and the American Locomotive Company in Schenectady, New York; to collect, own, hold, maintain, preserve and make available to the public a collection of locomotives,  photographs, drawings and other artifacts related to the Schenectady Locomotive Works, American Locomotive Company and Montreal Locomotive Works.; to arrange, create, maintain promote appropriate exhibits and displays associated with the Schenectady Locomotive Works, American Locomotive Company, and Montreal Locomotive Works; to establish and maintain The American Locomotive Heritage Museum as a history museum open to the public relating to historical collection and research archives to be located in the City of Schenectady in Schenectady County; to bring together those people interested in the history of The American Locomotive Company and its affiliates and predecessors, promote historical research and organize activities, programs and events for the public, and issue publications in any format; to encourage the suitable marking of places of historic interest; to acquire by purchase, gift devise or otherwise the title to or the custody and control of property related to the Schenectady Locomotive works and American Locomotive Works in Schenectady, New York; to cooperate with the Schenectady County Historical Society in projects and activities of mutual interest; and to cooperate with county and state officials and historical organizations to collect and preserve materials of countywide and statewide significance.   The Office of Cultural Education recommends that a provisional charter be granted for a period of five years.

THE FABIUS HISTORICAL SOCIETY

Fabius, Onondaga County

The board of trustees has petitioned the Board of Regents to form a corporation to encourage, promote and disseminate a greater knowledge among the public of the history of the State of New York and particularly the beliefs, customs, objects, and culture of the people of the Town of Fabius and Village of Fabius, County of Onondaga and surrounding area; to collect, own, hold, maintain, preserve and make available to the public a collection of historical objects and artifacts relating to the history of the Town of Fabius and Village of Fabius, County of Onondaga and surrounding area; to arrange, create, maintain and promote appropriate historical exhibits and displays; to establish and maintain a historical research collection and archives; to bring together those people interested in history, promote and support historical research and scholarship, sponsor and organize historical and cultural activities, programs and events for the public, and issue publications in any format; to encourage the suitable marking of places of historic interest; to acquire by purchase, gift, devise, or otherwise the title to or the custody and control of historic sites and structures, and preserve and maintain such sites and structures; and to cooperate with county and state officials and historical organizations to collect and preserve materials of countywide and statewide significance.  The Office of Cultural Education recommends that a provisional charter be granted for a period of five years.

EXTENSION OF CHARTER

NORTH AMERICAN FIDDLER’S HALL OF FAME AND MUSEUM INSTITUTE

Redfield, Jefferson County

A provisional charter was granted to this corporation by action of the Board of Regents on June 21, 1985 to operate a hall of fame and museum institute.  Such provisional was extended by Regents action on November 4, 1994.  The board of trustees has applied for an extension of the provisional charter.  The Office of Cultural Education recommends that the provisional charter be extended 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.

APPOINTMENT OF TRUSTEES

THE GREAT NECK HISTORICAL SOCIETY

Great Neck, Nassau County

A provisional charter was granted to this corporation by action of the Board of Regents on December 22, 1981 to operate a historical society.  The Society has been dormant since 1984 and no members of the last known board of trustees survives as such so that the trustees have been unable to hold elections or transact business. The following individuals have petitioned the Board of Regents for appointment to the trustee positions of the corporation for the purpose of reviving the charter: Regina Gil, Deena Lesser, Alice Kasten, Linda Cohen, and Isabel Varlotta.  The Office of Cultural Education recommends that the Board of Regents appoint the aforementioned petitioners as new trustees of the corporation and revive the provisional charter. It is further recommended that the provisional charter be extended for a period of five years to allow the corporation additional time to expand its membership and financial support, begin gathering a collection, seek a suitable facility for exhibits and collections storage, develop suitable forms and procedures for collections and otherwise demonstrate that it can meet the requirements for an absolute charter.

DISSOLUTION OF CHARTERS

TOWN OF CRAWFORD FREE LIBRARY

Crawford, Orange County

A provisional charter was granted to this corporation by action of the Board of Regents  under the corporate name of “Pine Bush Library” on December 21, 1899 to operate a library.  That such provisional charter was made absolute by Regents action on December 1, 1904, and amended on December 19, 1929 to change the corporate name to “Town of Crawford Free Library.”  The board of trustees has petitioned the Board of Regents for the dissolution of the charter as the corporation is no longer in operation and all taxes payable by the corporation have been paid.  The trustees request Regents approval of the transfer of the library assets of the Town of Crawford Free Library to the Pine Bush Area Public Library District, which was incorporated by action of the Board of Regents under a provisional charter on March 18, 2008, as a special legislative district public library.  The Office of Cultural Education recommends that the absolute charter of the Town of Crawford Free Library be dissolved and that approval be given to the transfer of its library assets to the Pine Bush Area Library District.

DODGE LIBRARY

Chazy, Clinton County

An absolute charter in the first instance was granted to this corporation by action of the Board of Regents on February 15, 1905 to operate a library.  The board of trustees has petitioned the Board of Regents for the dissolution of the charter as the corporation is no longer in operation.  The board of trustees has petitioned the Board of Regents for the dissolution of the charter as the corporation is no longer in operation and all taxes payable by the corporation have been paid.  The trustees request Regents approval of the transfer of the library assets of Dodge Library (school district public library) to the Dodge Library (special legislative district public library), which was incorporated by action of the Board of Regents under a provisional charter on October 10, 2008 as a special legislative district public library.  The Office of Cultural Education recommends that the absolute charter of the Dodge Library (school district public library) be dissolved and that approval be given to the transfer of its library property to the Dodge Library (special legislative district public library).

LONG ISLAND AQUARIUM

Bayshore, Suffolk County

A provisional charter was granted to this corporation by action of the Board of Regents on June 25, 1993 to operate an aquarium.  Such provisional charter was extended by action of the Board of Regents on February 14, 2002.  The board of trustees has petitioned the Board of Regents for the dissolution of the charter and that its corporate records be stored with the New York State Education Department.  The Office of Cultural Education recommends that the provisional charter of the Long Island Aquarium be dissolved. 

WALL OF AMERICA FOUNDATION

Dutchess County

A provisional charter was granted to this corporation by action of the Board of Regents on March 20, 2001 to operate a museum.  The board of trustees has petitioned the Board of Regents for the dissolution of the charter and that the distribution of its assets to and file its corporate records with American Mural Project, Inc., a Connecticut not-for-profit corporation.  The Office of Cultural Education recommends that the provisional charter of the Wall of America Foundation be dissolved. 

CERTIFICATES OF INCORPORATION

THE CIVIL WAR FORUM OF METROPOLITAN NEW YORK

Flushing, Queens County

The board of trustees has petitioned the Board of Regents to form a corporation to promote and encourage the general learning, understanding, and appreciation of the American Civil War, including its origins and consequences (collectively referred to as the Civil War Era ); to improve public access to information about the Civil War Era; to educate the public at large about the Civil War Era; to visit and assist in the preservation of Civil War Era monuments and historical sites; to honor those Americans who fought and died in the Civil War and their leaders; to promote periodic panel discussions and lecture demonstrations on various aspects of the Civil War Era; to observe anniversaries of the more important events of the Civil War Era; to facilitate public access to information and sources of information about the Civil War Era; to cooperate with other organizations interested (in whole or in part) in the Civil War Era on projects of mutual interest relating to the Civil War Era; and the corporation is not authorized to establish or maintain a museum or historical society, or to own or hold collections. The Office of Cultural Education recommends that a certificate of incorporation be issued.

FRIENDS OF IRONDALE SCHOOLHOUSE

Northeast, Dutchess County

The board of trustees has petitioned the Board of Regents to form a corporation to acquire title to and take ownership of the former Irondale Schoolhouse and thereafter, if appropriate, move the structure to a location more suitable for its preservation,  maintenance and use as a public building; to encourage and assist efforts to conserve, maintain and enhance the aesthetic, structural, cultural and educational value of the former Irondale Schoolhouse located in the Town of Northeast, Dutchess County, New York for the benefit of its residents and visitors; the Corporation will not be authorized to own or hold collections in connection herewith. The Office of Cultural Education recommends that a certificate of incorporation be issued.

PARKWAY GARDENS LANDMARK AND HISTORIC PRESERVATION ASSOCIATION

Greenburgh, Westchester County

The board of trustees has petitioned the Board of Regents to form a corporation to preserve the natural heritage, buildings and places; serve and protect Parkway Gardens historical sites and promote historic preservation.  The Office of Cultural Education recommends that a certificate of incorporation be issued.

APPLICATION FOR REGENTS CONSENT TO FILE A CERTIFICATE OF ASSUMED NAME

TUGBOAT PRESERVATION PROJECT

Kingston, Ulster County

A provisional charter was granted to this corporation by action of the Board of Regents on July 22, 2005 to preserve historic vessels.  The board of trustees has requested that the Board of Regents consent to the filing of a certificate of assumed name pursuant to General Business Law §130 to authorize the corporation to use the assumed name “Fleet Obsolete Restoration Project.”  The Office of Cultural Education recommends that the consent of the Board of Regents to the filing of such certificate of assumed name be granted.

 

ELEMENTARY, MIDDLE, SECONDARY AND CONTINUING EDUCATION

ABSOLUTE CHARTER

BROOKLYN AMITY SCHOOL

Brooklyn, Kings County

A provisional charter was granted to this corporation by action of the Board of Regents under the corporate name “Tolerance Academy of America” on November 6, 1998 to operate a kindergarten, and a grade one through twelve school.  Such provisional charter was amended by Regents action on July 16, 1999 to change the corporate name to “Brooklyn Amity School;” extended by Regents action on February 8, 2000, April 29, 2003, and May 23, 2006; and amended by Regents action on July 25, 2007.  The board of trustees has applied for an absolute charter.  The Office of Nonpublic School Services recommends that the provisional charter be made absolute.

 

AMENDMENT OF CHARTERS

HAMZA ACADEMY

Valley Stream, Nassau County

A provisional charter was granted to this corporation under the corporate name “Hamza School” by action of the Board of Regents on June 17, 2003 to operate a kindergarten and a grade one through eight elementary school.  Such provisional charter was amended by Regents action on July 26, 2006 to change the corporate name to “Hamza Academy” and, as so amended, extended.  The board of trustees has applied for an amendment to the provisional charter to authorize the corporation to add authority to operate a nursery school for preschool children from three to five years of age and a universal pre-kindergarten program for four year olds, and for an extension of the provisional charter. The Office of Nonpublic School Services recommends that the provisional charter be amended accordingly and, as so amended, extended for a period of three years to allow the corporation additional time to develop its programs and otherwise demonstrate that it can meet the requirements for an absolute charter.

IHSAN SCHOOL OF EXCELLENCE

Syracuse, Onondaga County

A provisional charter was granted to this corporation under the corporate name “Madrasat AlIhsan” by action of the Board of Regents on June 24, 1994 to operate a kindergarten and a grade one and two elementary school.  Such provisional charter was amended by Regents action on May 22, 2007 to include a corporate name change to “Ihsan School of Excellence,” and to specify the corporation will operate a pre-K through grade six elementary school and, as so amended, was extended. The board of trustees has applied for an amendment to the provisional charter to specify  the corporation will  operate a preschool through grade twelve school, and for an extension of the provisional charter. The Office of Nonpublic School Services recommends that the provisional charter be amended accordingly and, as so amended, be extended for a period of three years to allow the corporation additional time to develop its programs and otherwise demonstrate that it can meet the requirements for an absolute charter.

THE JAPANESE EDUCATIONAL INSTITUTE OF NEW YORK

Great Neck, Nassau County

A provisional charter was granted to this corporation by action of the Board of Regents on April 25, 1975 to operate a grade three through six elementary school and provide other exclusively educational activities, facilities and materials to children of all ages and adults.  Such provisional charter was amended by Regents action on March 25, 1977.  Such provisional charter was made absolute by Regents action on July 28, 1978.  Such absolute charter was amended by Regents action on July 31, 1981, April 27, 1990, October 18, 1991, March 27, 1992, July 24, 1992, January 14, 1994, May 20, 1994 and July 21, 1995, and April 4, 2000.  The board of trustees has applied for an amendment to the absolute charter to relocate the corporation’s principal offices to 150 Purchase Street, Suite 11R, Rye, New York 10580, and update the corporation’s address for service of process to Bingham McCutchen LLP, 399 Park Avenue, New York, New York 10022-4689.  The Office of Nonpublic School Services recommends that the absolute charter be amended accordingly.

THE INTERNATIONAL SCHOOL OF BROOKLYN

Brooklyn, Kings County

A provisional charter was granted to this corporation by action of the Board of Regents on September 10, 2004 to conduct a nursery school for preschool children from three to five years of age, a kindergarten for five year olds and a grade one through two elementary school. Such provisional charter was amended by action of the Board of Regents on October 7, 2005 and, so amended, was extended. The board of trustees has applied for an amendment to the provisional charter to add authority for the corporation to also operate grades three through six, and to change the corporate address to 237 Park Place, Brooklyn, New York 11238.  The Office of Nonpublic School Services recommends that the provisional charter be amended accordingly and, as so amended, extended for a period of three years to allow the corporation additional time to develop its programs and otherwise demonstrate that it can meet the requirements for an absolute charter.

WALTON NURSERY SCHOOL

Walton, Delaware County

A provisional charter was granted to this corporation by action of the Board of Regents on January 29, 1985 to operate a nursery school.  Such provisional charter was made absolute by Regents action on June 16, 1989.  The board of trustees has applied for an amendment to the absolute charter to add authority for the corporation to also operate a day care center.  The Office of Nonpublic School Services recommends that the absolute charter be amended accordingly.

WESTCHESTER-FAIRFIELD HEBREW ACADEMY

Port Chester, Westchester County

A provisional charter was granted to this corporation by action of the Board of Regents on April 21, 1998 to operate a kindergarten and grade one through twelve elementary school.  Such provisional charter was amended, and as so amended, extended by Regents action on July 18, 2002.  Such provisional charter was extended by Regents action on February 14, 2006.  The board of trustees has applied for an amendment to the provisional charter to authorize the corporation to operate educational programs at 270 Lake Avenue, Greenwich, Connecticut 06830, to change the corporate mailing address to c/o CT Corporation, 111 Eighth Avenue, New York, New York 10011, and to add authority for the corporation to operate a kindergarten for five year olds and a grade one through eight elementary school only and to remove authority to operate a grades nine through twelve, and as so amended, be extended. The Office of Nonpublic School Services recommends that the provisional charter be amended accordingly and, as so amended, extended for a period of three years to allow the corporation additional time to develop its programs and otherwise demonstrate that it can meet the requirements for an absolute charter.

PROVISIONAL CHARTERS

AUGUSTINE CLASSICAL ACADEMY

Clifton Park, Saratoga County

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

CAPITAL LYCEUM

Schenectady, Schenectady County

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

MANDALA SCHOOL

East Aurora, Erie County

The board of trustees has petitioned the Board of Regents to form a corporation to operate a grades one through eight elementary school, to provide an after-school program, and to conduct workshops, conferences, and other educational activities related to the Mandala School.  The Office of Nonpublic School Services recommends that a provisional charter be granted for a period of three years.

ST. JOHN BOSCO SCHOOLS

Mendon, Monroe County

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

THE YELED V’YALDA SCHOOL

Brooklyn, Kings County

The board of trustees has petitioned the Board of Regents to form a membership corporation to operate a nursery school for preschool children from three to five years of age, a kindergarten for five year olds, a grade one through eight elementary school, and a grade nine through twelve secondary school.  The Office of Nonpublic School Services recommends that a provisional charter be granted for a period of three years.

EXTENSION OF CHARTERS

HARLEM ACADEMY

New York City, New York County

A provisional charter was granted to this corporation under the name “Harlem Episcopal School” by action of the Board of Regents on July 21, 2004 to operate a kindergarten, and a grade one through eight elementary school.  Such provisional charter was amended and, as so amended, extended by Regents action on May 17, 2005.  Such provisional charter was amended on May 23, 2006 to change the corporate name to ”Harlem Academy” and, as so amended, extended.  The board of trustees has petitioned for an extension of the provisional charter. The Office of Nonpublic School Services recommends that the provisional charter be extended for a period of three years to allow the corporation additional time to develop its programs and otherwise demonstrate that it can meet the requirements for an absolute charter.

HUDSON VALLEY SUDBURY SCHOOL

Woodstock, Ulster County

A provisional charter was granted to this corporation by action of the Board of Regents on July 18, 2002 to operate a kindergarten and grades one through twelve school.  Such provisional charter was extended by Regents action on June 20, 2006.  The board of trustees has petitioned for an extension of the provisional charter. The Office of Nonpublic School Services recommends that the provisional charter be extended for a period of three years to allow the corporation additional time to develop its programs and otherwise demonstrate that it can meet the requirements for an absolute charter.

MSUP ELEMENTARY SCHOOL  

Roosevelt, Nassau County

A provisional charter was granted to this corporation by action of the Board of Regents on February 6, 2001 to operate a nursery school, kindergarten, and a grade one through three elementary school.  Such provisional charter was amended and, as so amended, extended by Regents action on April 29, 2003 and July 26, 2006. The Office of Nonpublic School Services recommends that the provisional charter be extended for a period of three years to allow the corporation additional time to develop its programs and otherwise demonstrate that it can meet the requirements for an absolute charter.

DISSOLUTION OF CHARTERS

CHENANGO-DELAWARE BUSINESS EDUCATIONAL COUNCIL

Norwich, Chenango County

A provisional charter was granted to this corporation by action of the Board of Regents on September 21, 1979 to develop educational programs consisting of direct liaison between representatives of school districts, institutions of higher education, on the one hand, and representatives of business enterprise on the other hand; to improve the awareness of students, educators, business persons and the general public as to career opportunities generally within the State of New York and more specifically, Chenango and Delaware Counties; to provide opportunities to students, educators, business persons, and employees to work together for a better understanding of the world of business and the world of education in providing a sound economic basis in Chenango and Delaware Counties; and to assist in the development of quality job applicants who are prepared to fill the needs of local business and industry.  The trustees request Regents approval of the distribution of the remaining assets of The Sidney Rotary Club Community Foundation, a charitable organization which the trustees believe will be most able to carry on the objectives of the corporation.  The Office of Nonpublic School Services recommends that the provisional charter of Chenango-Delaware Business Educational Council be dissolved and that the Board of Regents recommends that its assets be distributed to the The Sidney Rotary Club Community Foundation.

CHRIST OUR SAVIOUR NURSERY SCHOOL

Manhasset, Nassau County

A provisional charter was granted to this corporation by action of the Board of Regents on September 26, 1986 to operate a preschool for three and four year old children.  Such provisional charter was amended by Regents action on June 22, 1990 and, as so amended, was made absolute. The board of trustees has petitioned the Board of Regents for the dissolution of the charter due to low enrollment and limited finances. The trustees request Regents’ approval to store the student records at the Church of Our Saviour, Lutheran. The Office of Nonpublic School Services recommends that the absolute charter of Christ Our Saviour Nursery School be dissolved and that approval be given to the storage of its records at the Church of Our Saviour, Lutheran.

APPLICATION FOR REGENTS CONSENT TO FILE A CERTIFICATE OF ASSUMED NAME

HOLY ANGELS ACADEMY, BROOKLYN, NY

Brooklyn, Kings County

A provisional charter was granted to this corporation by action of the Board of Regents on May 18, 2009 to establish and operate a nursery school, a universal pre-k program, a kindergarten, and grade one through eight elementary school. The board of trustees has requested that the Board of Regents consent to the filing of a certificate of assumed name pursuant to General Business Law §130 to authorize the corporation to use the assumed name “Holy Angels Catholic Academy, Brooklyn, NY.”  The Office of Nonpublic School Services recommends that the Board of Regents consent to the filing of the certificate of assumed name.

HIGHER AND PROFESSIONAL EDUCATION

AMENDMENT OF CHARTER

TOURO COLLEGE

New York, New York County

A provisional charter was granted to this corporation by action of the Board of Regents on June 26, 1970 to operate a four-year liberal arts college.  Such provisional charter was amended by Regents action on April 11, 1973, June 28, 1974 and was extended by Regents action on June 27, 1975. The corporation was consolidated by Regents action on June 21, 1979 with “Jewish Teachers Seminary and People’s University” and with “Herzliah Hebrew Teachers Institute, Inc.” Such provisional charter was amended and extended numerous times, and was made absolute by Regents action on January 17, 1990.  Such absolute charter was amended by Regents action on various occasions with the last amended being June 24, 2008.  The board of trustees has applied for an amendment to the absolute charter to add authority for the College to confer the degree of Master of Public Health (M.P.H.).  The Office of Higher Education recommends that the absolute charter be amended to authorize the corporation to operate postsecondary degree programs registered by the State Education Department and to confer degrees approved and authorized by the Board of Regents in connection with such programs, including the Master of Public Health (M.P.H.) degree.

THE TRUSTEES OF UNION COLLEGE IN THE TOWN OF SCHENECTADY IN THE STATE OF NEW YORK

Schenectady, Schenectady County

An absolute charter was granted to this corporation by action of the Board of Regents on February 25, 1795 to operate a college.  Such absolute charter was amended by action of the Board of Regents on several occasions with the most recent being April 23, 1982.  The board of trustees has applied for an amendment to the absolute charter to delete the present provisions of the Charter, as amended, relating to the number, classification and elections of the trustees, and replace such provisions with the following:  The Board of Trustees of Union College in the Town of Schenectady in the State of New York (also known a “Union College”) shall consist of not less than ten(10 nor more than forty-five (45) members who shall be the Governor of the State of New York, ex-officio; the President of Union College; and trustees of such categories and numbers to be set forth in the Board of Trustees Bylaws; and, in addition to the members, as listed above, such former Life and Term Trustees who shall have been designated as non-voting Emeriti Trustees.  All Trustees holding office on the effective date of this amendment to the Charter shall thereafter continue in office in accordance with the provisions of the Charter and the Bylaws of the Board of Trustees.  The Office of Higher Education recommends that the absolute charter be amended accordingly.

VASSAR COLLEGE

Poughkeepsie, Dutchess County

This corporation was incorporated by special act of the New York State Legislature by Chapter 2 of the Laws of 1861 on January 18, 1861 under the corporate name “Vassar Female College” to promote the education of young women in literature, science and the arts. Such absolute charter was amended by Chapter 13 of the Laws of 1867 on February 1, 1867 to change the corporate name to “Vassar College”; by Chapter 116 of the Laws of 1903 on April 2, 1903, and further amended by the Board of Regents on February 28, 1969, June 12, 2001, October 9, 2003 and January 13, 2009.  The board of trustees has applied for an amendment to restate Article 9 of the Charter to read in its entirety as follows: “A purpose of the College, in order to further the study of child development, provide a service to employees, and otherwise advance the purposes of the College set forth in Article 2, shall be to establish and operate one or more child day care centers, one or more nursery schools for preschool children from three to five years of age, one or more kindergartens for children who have attained the age of five by December 1 of the academic year, and one or more first – and second – grade educational programs as part of college operations in Dutchess County, New York, provided however that all legally required written approvals are obtained from all relevant municipalities and counties and all applicable state agencies, including the New York State Office of Children and Family Services and the New York State Education Department, Office for Nonpublic School Services.”  The child day care centers, nursery schools, and kindergartens operated by Vassar College, the child care programs for school-age children and the first – and second-grade educational programs shall be located at 124 Raymond Avenue, Poughkeepsie, New York.  The Office of Nonpublic School Services and the Office of Higher Education recommends that the absolute charter be amended accordingly.

 

Appendix II

REGENTS ACTIONS IN 77 PROFESSIONAL DISCIPLINE CASES

AND 3 RESTORATION PETITIONS


September 14-15, 2009




The Board of Regents announced disciplinary actions resulting in the revocation of 2 licenses, surrender of 12 licenses, 2 of which were originally certificates, and 63 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.



I.  REVOCATIONS AND SURRENDERS

Dentistry

Ajay Baman a/k/a Ajaykumar I. Baman; Blauvelt, NY 10913; Lic. No. 039875; Cal. No. 24436; Found guilty of professional misconduct; Penalty: Revocation.  (Dr. Baman has obtained a temporary restraining order of the determination in the courts. Therefore, the determination of guilt of professional misconduct and the penalty of revocation are stayed. For purposes of public information and of enforcement, please be advised that Dr. Baman is not currently revoked and may practice, pending the resolution of the temporary restraining order. The Department will fully update all public information regarding Dr. Baman when the court issues a final order.)



Nursing

Lee M. Cruceta; Licensed Practical Nurse; Monroe, NY 10950; Lic. No. 257313; Cal. No. 24637; Application to surrender license granted.  Summary: Licensee admitted to charges of having been convicted of Enterprise Corruption, a class B felony; 5 counts of Reckless Endangerment in the 1st Degree, a class D felony; and 2 counts of Body Stealing, a class E felony.

Mary E. Groten; Registered Professional Nurse; Fairport, NY 14450; Lic. No. 504218; Cal. No. 24642; Application to surrender license granted.  Summary: Licensee did not contest the charge of having been convicted of Burglary in the 3rd Degree.

Noreen Catherine Mulholland; Registered Professional Nurse; Newry BT35 95P, Northern Ireland, U.K.; Lic. No. 527738; Cal. No. 24672; Application to surrender license granted.  Summary: Licensee admitted to the charge of having been convicted of Assault (Non-Fatal Offences Against the Person).

Bonita M. Caldwell; Registered Professional Nurse; Interlaken, NY 14847; Lic. No. 256021; Cal. No. 24678; Application to surrender license granted.  Summary: Licensee did not contest charges of failing to recognize injuries and provide care to an injured resident.



Occupational Therapy

Lisa Carmela Bruno; Westport, CT 06880-1111; Lic. No. 010116; Cal. No. 24649; Application to surrender license granted.  Summary:  Licensee did not contest the charge of delegating professional responsibilities to a person when she knew that such person was not qualified by licensure to perform them in that she delegated physical therapy responsibilities to a person when she knew that the person was not licensed in New York either as a physical therapist or as a physical therapy assistant.



Pharmacy

Jabbar Ahmad; Franklin Square, NY 11010; Lic. No. 029068; Cal. No. 23796; Application to surrender license granted.  Summary: Licensee admitted to the charge of having been convicted of Attempted Criminal Diversion of Prescription Medications and Prescriptions in the 2nd Degree, a class E felony.

Ivan J. Romero; Waymart, PA 18472; Lic. No. 049055; Cal. No. 24650; Application to surrender license granted.  Summary: Licensee admitted to charges of having been convicted of Distribution and Possession with Intent to Distribute a Schedule II Controlled Substance.

Bruce L. Hosenbold; Dix Hills, NY 11746; Lic. No. 033671; Cal. No. 24763; Application to surrender license granted.  Summary: Licensee admitted to charges of having been convicted of Conspiracy to Distribute and Possess with Intent to Distribute Oxycodone, Consipiracy To Obtain Oxycodone By Fraud, Distribution And Possession With Intent To Distribute Oxycodone, and Obtaining Oxycodone By Fraud.



Public Accountancy

Christopher Peter Rayner; Certified Public Accountant; Wilmington, NC 28409; Lic. No. 053443; Cal. No. 24633; Application to surrender license granted.  Summary: Licensee admitted to charges of having been convicted of Racketeering Conspiracy, Conspiracy to Defraud the Internal Revenue Service, and Conspiracy to Commit Wire Fraud, all felonies.

Hyman Benson Fox; Certified Public Accountant; New City, NY 10956-5544; Lic. (Cert.) No. 026625; Cal. No. 24635; Application to surrender license (certificate) granted. Summary: Licensee admitted to charges of having been convicted of Conspiracy to Commit Tax Fraud, Tax Evasion, and Health Care Fraud.

Lawrence Howard Hecht; Certified Public Accountant; New City, NY 10956-3020; Lic. (Cert.) No. 022636; Cal. No. 24716; Application to surrender license (certificate) granted.  Summary: Licensee admitted to the charge of having been convicted of Aiding or Assisting in the Giving of Fraudulent Returns, a misdemeanor.

Stephen Peter Corso, Jr.; Certified Public Accountant; Las Vegas, NV 89113; Lic. No. 070159; Cal. No. 24768; Application to surrender license granted.  Summary: Licensee admitted to charges of having been convicted of Wire Fraud and Attempted Income Tax Evasion, both Federal felonies.



Social Work

Errol Denis Christopher; Licensed Clinical Social Worker; Brooklyn, NY 11212; Lic. No. 055478; Cal. No. 24409; Found guilty of professional misconduct; Penalty: Revocation.




II. OTHER REGENTS DISCIPLINARY ACTIONS



Architecture

Kojo Sarsah Simpson; Brooklyn, NY 11226; Lic. No. 024615; Cal. No. 24606; Application for consent order granted; Penalty agreed upon: 2 month actual suspension, 22 month stayed suspension, 2 years probation, $7,500 fine.



Dentistry

Sarupinder Singh; Cobleskill, NY 12043; Lic. No. 041509; Cal. No. 24285; Found guilty of professional misconduct; Penalty: 2 year suspension, execution of last 18 months of suspension stayed, probation 2 years to commence subsequent to termination of period of actual 6 month suspension and upon return to practice, $5,000 fine.



Engineering and Land Surveying

Theodore Shlisky; Professional Engineer; Kings Park, NY 11754-2020; Lic. No. 051292; Cal. No. 23491; Application for consent order granted; Penalty agreed upon: 1 month actual suspension, 23 month stayed suspension, 2 years probation, $750 fine.

Olufemi Adesola Falade; Professional Engineer; Brooklyn, NY 11234; Lic. No. 063077; Cal. No. 24319; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $500 fine.



Massage Therapy

Regina M. Conklin; Lynbrook, NY 11563; Lic. No. 010378; Cal. No. 23902; Found guilty of professional misconduct; Penalty: Indefinite suspension until substance abuse free and fit to practice, upon termination of suspension probation 2 years to commence if and when return to practice.

Steven Richard Williams; Bronx, NY 10467; Lic. No. 011641; Cal. No. 24263; Application for consent order granted; Penalty agreed upon: 3 month actual suspension, 21 month stayed suspension, 24 months probation, $2,500 fine.

Guenadi Ivanovich Moltchanov; New York, NY 10019; Lic. No. 011512; Cal. No. 24558; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation.



Mental Health Practitioner

Philip John Mango; Licensed Mental Health Counselor; New York, NY 10016-8413; Lic. No. 000977; Cal. No. 24168; Application for consent order granted; Penalty agreed upon: 1 month actual suspension, 23 month stayed suspension, 24 months probation, $2,500 fine.



Midwifery

Janine Quinlan; Sodus Point, NY 14555; Lic. No. 000377; Cal. No. 24423; Application for consent order granted; Penalty agreed upon: 3 month actual suspension, 9 month stayed suspension, 1 year probation to commence upon return to practice, $500 fine payable within 6 months.



Nursing

Carol Ann Crawford; Licensed Practical Nurse, Registered Professional Nurse; Hempstead, NY 11550; Lic. Nos. 184821, 582041; Cal. Nos. 24434, 24435; Found guilty of professional misconduct; Penalty: Indefinite suspension until fit to practice, upon termination of suspension probation 2 years to commence upon return to practice.

Anderson G. Nurse; Registered Professional Nurse; Teaneck, NJ 07666; Lic. No. 473235; Cal. No. 22797; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $500 fine.

Anne-Marie Florence Exinor; Licensed Practical Nurse, Registered Professional Nurse; Elmont, NY 11003; Lic. Nos. 224242, 476795; Cal. Nos. 24181, 24180; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, 25 hours public service.

Cynthia K. Rusielewicz a/k/a Cynthia K. O’Mahony; Registered Professional Nurse; Massapequa, NY  11758; Lic. No. 463828; Cal. No. 24255; Application for consent order granted; Penalty agreed upon: 6 month actual suspension, 18 month stayed suspension, 2 years probation.

Suzi Solano; Registered Professional Nurse; Rochester, NY 14625; Lic. No. 519526; Cal. No. 24262; Application for consent order granted; Penalty agreed upon: Indefinite actual suspension for no less than 6 months and until fit to practice, upon termination of suspension 1 year probation upon return to practice, $500 fine payable within 6 months.

Mary J. Martin; Registered Professional Nurse; Craryville, NY 12521; Lic. No. 507509; Cal. No. 24317; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $500 fine.

Lawrence E. Sparks, Jr.; Licensed Practical Nurse, Registered Professional Nurse; Lockport, NY 14094; Lic. Nos. 133439, 332081; Cal. Nos. 24327, 24326; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $1,000 fine.

Julie G. Cosgrove; Registered Professional Nurse; Shortsville, NY 14548; Lic. No. 517299; Cal. No. 24332; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $500 fine.

Rejeana Dorcin; Licensed Practical Nurse; Selden, NY 11784-2644; Lic. No. 291438; Cal. No. 24448; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation.

Shannon Marie Salva; Registered Professional Nurse; Baldwinsville, NY 13207; Lic. No. 492732; Cal. No. 24464; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $500 fine.

Beverley Marie Wisdom; Licensed Practical Nurse; Brooklyn, NY 11236; Lic. No. 264518; Cal. No. 24494; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $500 fine.

Karen Stannard; Licensed Practical Nurse; Jefferson, NY 12093; Lic. No. 264313; Cal. No. 24508; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $250 fine.

Stacy Elizabeth Freitag a/k/a Stacy Elizabeth Koch; Licensed Practical Nurse; Averill Park, NY 12018-9566; Lic. No. 206566; Cal. No. 24515; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $500 fine.

Kathy-Ann Wolfer; Licensed Practical Nurse, Registered Professional Nurse; Bath, NY 14819-7513; Lic. Nos. 279642, 563636; Cal. Nos. 24526, 24527; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $250 fine.

Eliette Saint-Aubin; Registered Professional Nurse; Central Islip, NY 11722; Lic. No. 558638; Cal. No. 24535; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $3,500 fine.

Charles Angelo Luisi; Registered Professional Nurse; New Windsor, NY 12553; Lic. No. 567021; Cal. No. 24546; Application for consent order granted; Penalty agreed upon: 2 month actual suspension, 22 month stayed suspension, 24 months probation, $2,000 fine.

Alicia Fernandez; Registered Professional Nurse; Merrick, NY 11566; Lic. No. 490916; Cal. No. 24551; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $500 fine.

Bhanie Bhojedat; Registered Professional Nurse; Brooklyn, NY 11230-0480; Lic. No. 245699; Cal. No. 24556; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $500 fine.

Kathleen E. Stynes a/k/a Kathleen Stynes; Licensed Practical Nurse, Registered Professional Nurse; Staten Island, NY 10312-6410; Lic. Nos. 124015, 311328; Cal. Nos. 24564, 24563; Application for consent order granted; Penalty agreed upon: Indefinite actual suspension until fit to practice, upon termination of suspension 2 years probation to commence if and when return to practice, $500 fine payable within 3 months.

Shantel Leigh Champlin a/k/a Shantel Leigh Long a/k/a Shantel L. Champlin-Long a/k/a Shantel L. Champlin; Licensed Practical Nurse; Queensbury, NY 12804-5828; Lic. No. 285414; Cal. No. 24566; Application for consent order granted; Penalty agreed upon: Indefinite actual suspension for no less than 2 years and until fit to practice and substance abuse free, upon termination of suspension 2 years probation to commence upon return to practice.

Rosa Noemi Valentin; Licensed Practical Nurse; Bronx, NY 10473; Lic. No. 270465; Cal. No. 24592; Application for consent order granted; Penalty agreed upon: 1 month actual suspension, 23 month stayed suspension, 2 years probation, $250 fine.

Judith Graham Guerrier; Licensed Practical Nurse; Wheatley Heights, NY 11798; Lic. No. 125680; Cal. No. 24601; Application for consent order granted; Penalty agreed upon: 2 month actual suspension, 22 month stayed suspension, 2 years probation.

Marlene Polynice; Licensed Practical Nurse; Jamaica, NY 11423; Lic. No. 130005; Cal. No. 24613; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $500 fine.

Janet Lyn Harrison; Licensed Practical Nurse; Smithtown, NY 11787; Lic. No. 252269; Cal. No. 24616; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $500 fine.

Rosann Voyias; Licensed Practical Nurse; Port Jefferson Station, NY 11776; Lic. No. 227711; Cal. No. 24622; Application for consent order granted; Penalty agreed upon: 3 month actual suspension, 21 month stayed suspension, 2 years probation.

Joycelyn Monrose Moore; Registered Professional Nurse; Brooklyn, NY 11236; Lic. No. 539310; Cal. No. 24661; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $500 fine.



Pharmacy

Louis A. Pisani; Elmont, NY 11003; Lic. No. 029639; Cal. No. 24239; Application for consent order granted; Penalty agreed upon: Censure and Reprimand, 1 year probation (100 hours public service).

Priti Patel; Albertson, NY 11507; Lic. No. 042430; Cal. No. 24303; Application for consent order granted; Penalty agreed upon: Censure and Reprimand, $1,500 fine payable within 3 months, pursue and complete at least 3 hour course of education in certain area within 6 months.

Pharmacy Center, Inc.; Pharmacy; 341 Halstead Avenue, Harrison, NY 10528; Pharmacy; Reg. No. 019847; Cal. No. 24381; Application for consent order granted; Penalty agreed upon: 2 years probation, $32,000 fine.

Joseph Lafasciano; Montgomery, NY 12549; Lic. No. 043932; Cal. No. 24382; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $10,000 fine.

Rite Aid of New York, Inc. #606; Pharmacy; 1000 Court Street, Utica, NY 13502; Reg. No. 017910; Cal. No. 24387; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $10,000 fine.

Mitchell N. Gershowitz; Bellmore, NY 11710; Lic. No. 032187; Cal. No. 24424; Found guilty of professional misconduct; Penalty: 2 year suspension, execution of suspension stayed, probation 2 years.

Thomas A. Collins; Pittsford, NY 14534; Lic. No. 039398; Cal. No. 24425; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $5,000 fine.

Henry A. Haas a/k/a Harry A. Haas; Massapequa, NY 11758-7215; Lic. No. 023021; Cal. No. 24520; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $10,000 fine.

Thales Well, Inc. d/b/a Wellcare Pharmacy; Pharmacy; 1785 New York Avenue, Huntington Station, NY 11746; Reg. No. 027134; Cal. No. 24521; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $20,000 fine.

Rite Aid of New York, Inc.; Pharmacy; 901 East Gun Hill Road, Bronx, NY 10469-3707; Reg. No. 023060; Cal. No. 24542; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $150,000 fine.

Iffat Rizvi; Jackson Heights, NY 11372; Lic. No. 036209; Cal. No. 24543; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $5,000 fine.

Peter Anthony Grassi; Flushing, NY 11358-1030; Lic. No. 046524; Cal. No. 24555; Application for consent order granted; Penalty agreed upon: 18 month actual suspension, 18 month stayed suspension, 3 years probation.



Physical Therapy

Daniel Saldin; Middle Island, NY 11953; Lic. No. 004524; Cal. No. 24539; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $1,000 fine.



Public Accountancy

Corine Amethyst Walwyn; Certified Public Accountant; Brooklyn, NY 11208; Lic. No. 087572; Cal. No. 24126; Application for consent order granted; Penalty agreed upon: 1 year actual suspension, following service of suspension 1 year probation, $1,000 fine payable within 6 months.

Antonio Frank Notaris; Certified Public Accountant; Brooklyn, NY 11234-4503; Lic. (Cert.) No. 020903; Cal. No. 24378; Application for consent order granted; Penalty agreed upon: Partial actual suspension in certain area until successfully complete course of retraining in that certain area, upon termination of partial actual suspension 2 years probation, $5,000 fine payable within 5 months.

Antonio Frank Notaris, CPA, P.C. a/k/a AFN & Associates, CPA’s, P.C. a/k/a AFN Associates, P.C.; 122 East 42nd Street – Suite 715, New York, NY 10168; Cal. No. 24379; Application for consent order granted; Penalty agreed upon: 2 years probation, $2,500 fine.

Kevin J. O’Connor; Certified Public Accountant; Central Valley, NY 10917; Lic. No. 034975; Cal. No. 24536; Application for consent order granted; Penalty agreed upon: Partial actual suspension in certain area until successfully complete course of retraining in that certain area, upon termination of partial actual suspension 2 years probation, $3,000 fine payable within 5 months.



Respiratory Therapy

Michelle Daniele; Respiratory Therapy Technician, Respiratory Therapist; Staten Island, NY 10312; Lic. Nos. 001341, 004621; Cal. Nos. 24195, 24194; Application for consent order granted; Penalty agreed upon:  2 year stayed suspension, 2 years probation, $5,000 fine.

James Edward Myers; Respiratory Therapist; Cooperstown, NY 13326-9215; Lic. No. 000134; Cal. No. 24380; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $500 fine.

David William Haas; Respiratory Therapist; Oriskany, NY 13424-5207; Lic. No. 005914; Cal. No. 24407; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $500 fine.



Veterinary Medicine

Carol J. Lockhart; West Harrison, NY 10604; Lic. No. 005039; Cal. No. 23916; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $500 fine.

Steven Joseph Agoston; Bethel, NY 12720; Lic. No. 007951; Cal. No. 24487; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension and 2 years probation to commence upon termination of suspension and probation under Order No. 23751, $2,500 fine payable within 2 months of this Order, No. 24487.




III. RESTORATIONS

The Board of Regents voted on September 15, 2009 to deny the petition for restoration of the physician license of Rajendra Gupta, Great Neck, NY 11021. Dr. Gupta’s license was originally surrendered August 29, 2003.

The Board of Regents voted on September 15, 2009 to stay the surrender of the physician license of Brij K. Mittal, Staten Island, NY 10304, and to place him on probation for a period of one year under specified terms and conditions. Dr. Mittal’s license was originally surrendered August 29, 2001.

The Board of Regents voted on September 15, 2009 to stay the surrender of the pharmacist license of Charles Hartman, Brooklyn, NY 11234, and to place him on probation for a period of one year under specified terms and conditions. Mr. Hartman’s license was originally surrendered April 29, 1998.