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SUMMARY OF THE OCTOBER MEETING


OF THE BOARD OF REGENTS OF


THE UNIVERSITY OF THE STATE OF NEW YORK


Held at the State Education Building


Albany, New York

October 3 and 4, 2002


David Johnson, Secretary


Board of Regents

THE BOARD OF REGENTS

The Board of Regents of The University of the State of New York held an executive session on Friday, October 4, 7:15 a.m. and held two public sessions on Thursday, October 3, 9:00 a.m. and Friday, October 4, 11:30 a.m. pursuant to a call duly sent to each Regent.

MEETING OF THE FULL BOARD, Thursday, October 3

Board Members in Attendance:

Robert M. Bennett, Chancellor

Adelaide L. Sanford, Vice Chancellor

Diane McGivern

Saul B. Cohen

James C. Dawson

Anthony S. Bottar

Merryl H. Tisch

Geraldine D. Chapey

Arnold B. Gardner

Harry Phillips, 3rd

Joseph E. Bowman, Jr.

Judith O. Rubin

James R. Tallon, Jr.

Milton L. Cofield

Also present were the President of The University and Commissioner of Education, Richard P. Mills, the Counsel and Deputy Commissioner for Legal Affairs, Kathy A. Ahearn, and the Secretary, Board of Regents, David Johnson. Regents Robert M. Johnson and Lorraine Cortés-Vázquez were absent and excused.

Chancellor Bennett called the meeting to order at 9:00 a.m.
 

ACTION ITEMS

Executive Session Motion

MOVED, that the Board of Regents convene in Executive Session on Friday, October 4 at 7:15 a.m. for the purpose of discussing litigation strategy.

Motion by:             Vice Chancellor Adelaide L. Sanford

Seconded by:       Regent Diane McGivern

Action:                    Motion carried unanimously

 

Summary of the September Meeting

BR (A) 2

MOVED, that the Summary of the September 2002 Meeting of the Board of Regents of The University of the State of New York be approved.

 

Motion by:             Regent Diane McGivern

Seconded by:      Regent Anthony S. Bottar

Action:                   Motion carried unanimously

 

 

State Education Department September 2002 Fiscal Report

BR (A) 3

The Board received for review and action the September 2002 Fiscal Report. General Fund and Federal accounts are in structural balance. All revenue accounts are in balance, allowing for normal reimbursement delays and the planned use of prior year balances.

MOVED, that the Board of Regents approve the September 2002 State Education Department Fiscal Report

Motion by:             Regent Milton L. Cofield

Seconded by:      Regent Geraldine D. Chapey

Action:                   Motion carried unanimously

 

DISCUSSION ITEMS

 

 

Commissioner's Report

The Commissioner's written monthly report focused on twelve subject areas: closing the gaps; middle grades - preparing for improved performance; special education quality assurance has changed and provided an example; State Aid discussion continues; local effort and aid to non-public schools; school leadership; student achievement: using the data to improve; stewardship of the collections in cultural education; ready for work; Leadership Academy at the State Education Department; proposed Legislative Agenda; financially stressed school districts; and, using the web to build capacity of districts.

Board members shared their observations, raising questions and issues: visits to middle schools should be included in the November monthly meeting in Syracuse; Board members should receive a listing of RFPs on a regular schedule as released by the Department; and, by consensus, the Board agreed that a policy statement on middle level education should be developed prior to discussions on proposed regulations.

First Draft of the 2003 Regents Federal Legislative Agenda,

Federal Legislation and Education in New York State

BR (D) 1

The Board received a draft of the 2003 Federal Legislative Agenda and its condensed version for review and comment. Final review and approval are scheduled in December with public release in January.

Chancellor Robert M. Bennett requested that upon final approval of the document a one-page action plan be prepared for Board and Department use.

Summaries of Preliminary Regents Priority Legislative Proposals 2003

BR (D) 4

The Regents Priority Legislative Program is designed to focus effort on major initiatives and address issues that are important to the Board and the Department. All of the proposals are linked directly to the Strategic Plan; a few from 2002 have been modified and updated as necessary; and one reflects changes in State law that are necessary to conform with federal action taken in the No Child Left Behind Act.

In November the Board will vote to accept the 2003 Regents Priority Legislative Program.

Board member comments and suggestions for improvement included: in the proposal for interagency collaboration, include language making it more substantive by underscoring the relationship between student health and academic achievement with no cost; and, develop a brief booklet or appendix to the State Aid proposal expressing the complexities of State Aid.

MEETING OF THE FULL BOARD, Friday, October 4

Board Members in Attendance:

Robert M. Bennett, Chancellor

Adelaide L. Sanford, Vice Chancellor

Diane McGivern

Saul B. Cohen

James C. Dawson

Anthony S. Bottar

Geraldine D. Chapey

Arnold B. Gardner

Harry Phillips, 3rd

Joseph E. Bowman, Jr.

James R. Tallon, Jr.

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

Chancellor Bennett called the meeting to order at 11:30 a.m.

DISCUSSION ITEMS

Workforce Development and Education: Preparing Youth

for Jobs and Careers in New York State

BR (D) 2

In his role as a permanent, statutory member of the New York State Workforce Investment Board, Commissioner Richard P. Mills co-chairs an Emerging Worker Subcommittee. The Commissioner, and his co-chair Gerard Pierce, Senior Vice President of Human Resources for Wegmans Food Market, Inc., led a discussion on why and how to make strong connections between workforce development and the State's education/vocational rehabilitation system. The discussions focused on three successful, comprehensive youth preparation programs with representatives of each available for presentation and questions. The programs included the Wegmans Youth Apprenticeship Program, Project Connect and the Queens Borough Public Library.

Student Data Collection

BR (D) 3

The Department is now collecting individual records for all public school students who took state assessments in the 2001-2002 school year. These records are collected through two systems, the Local Education Agency Program (LEAP) and the System for Tracking Educational Progress (STEP).

The LEAP reporting system, implemented in the 1996-97 school year, collects performance on state assessments administered in the elementary and middle grades. The STEP software collects individual student records for all students in grades 9 through 12.

The BOCES based Regional Information Centers (RICs) have instituted a Decision Support System that collects and maintains education data for local school districts at a regional level. This includes individual student assessment information collected over periods from one to three years. Most of the RICSs have grades 4 and 8 assessments and grades 9 and 12 State tests. For those school districts who choose to participate, the data is provided back to the district for analysis and educational policy decision-making.

The Department is taking the lead in creating a unique student ID. The statewide data collection process must leverage the process and data management already put in place by the Regional Information Centers. Implementation of a prototype data repository that meets the Department's reporting requirements and uses the unique ID is targeted to be accomplished by October 2003, using data from the current school year. Full development of a statewide repository is planned to be in place by Fall 2004.

MISCELLANEOUS ITEMS

2002-2003 Christa McAuliffe Fellowships

In honor of teacher-astronaut Sharon Christa McAuliffe, who died in the 1986 explosion of the space shuttle Challenger, federally-funded fellowships are awarded to outstanding elementary or secondary school teachers to enable them to: a) develop innovative programs; b) assist local education agencies, private schools or public school systems; c) incorporate various technologies to help students learn; d) design and implement projects involving the business community and the schools; e) continue their education; and/or f) engage in other educational activities that will enhance the knowledge and skills of teachers and the education of students.

Mr. Douglas Elliot, an English teacher in the Three Village Central School District in Setauket, was awarded a fellowship of $13,581 for his proposal, "Three Village Harbor Stewardship."

Mrs. Kiva English, an elementary teacher in the Cato-Meridian Central School District, was awarded a fellowship of $3,967 for her proposal, "The Early Literacy Partnership."

Mr. Kenneth A. McDermith, a technology education teacher in the Mohonasen Central School District in Rotterdam, was awarded a fellowship of $8,200 for his proposal, "Applied Engineering in Automation."

Ms. Angela Militello and Ms. Angela Stockman, English teachers in the Amherst Central School District, were awarded a fellowship of $3,980 for their proposal, "Teens Inspired and Guided by Excellent Reading (TIGER) Training."

2002 Yavner Awards for Teaching

About the Holocaust

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

Mr. Neal Schultz, a global history and geography teacher at New Rochelle High School, was presented the 2002 Yavner Teaching Award.

Mrs. Helen Sperling, a Holocaust survivor, lecturer, and community leader from New Hartford, was presented the 2002 Louis E. Yavner Citizen Award.

Each of the award recipients received a formal citation and check in the amount of $250.

STANDING COMMITTEE REPORTS

Committee Reports

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

Motion by:             Regent Saul B. Cohen

Seconded by:       Regent James C. Dawson

Action:                    Motion carried unanimously

 

REGENTS COMMITTEE ON VOCATIONAL AND EDUCATIONAL SERVICES

FOR INDIVIDUALS WITH DISABILITIES

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

MATTERS NOT REQUIRING BOARD ACTION

  • Your Committee received a report on Special Education Quality Assurance. The report summarized VESID�s efforts to redirect the focus of quality assurance from simply procedural compliance to program effectiveness and student results. The new quality assurance process differs significantly from the previous compliance monitoring system. It relies on data, involves feedback from district stakeholders, makes an effort to more efficiently manage information about quality assurance findings and results, uses IDEA discretionary funds to address quality improvement through effective practices, and collects participant feedback on the actual review process. The special education monitoring system continues to evolve. VESID will continue to develop and refine this process as we hold both districts and ourselves accountable for the performance of students with disabilities.

(VESID (D) 1)

 

  • Your Committee discussed the following policy issues regarding students with disabilities under the proposed federal regulations for No Child Left Behind.
    • Use of Alternate Assessment - The draft regulations would prohibit districts from counting more than 0.5 percent of all students in the grades assessed as taking the alternate assessment when calculating accountability statistics. The proposed regulations directly conflict with provisions in the federal Individuals with Disabilities Education Act, the intent of which is to include students with disabilities in the general education curriculum and in the assessment and accountability systems. In addition, they would not allow certain components of the current safety net provision for students with disabilities to be included in the NCLB accountability system.
    • Supplemental Services � Proposed sections of the regulations impose a requirement on states to ensure that eligible students with disabilities receive appropriate supplemental educational services. In contrast, another proposed section appears to authorize a provider of supplemental services to discriminate based on a student�s disability.
    • Teacher Qualifications � Under the proposed regulations, teachers must be certified in or demonstrate competence in all the academic subjects in which they teach. Such a requirement would seriously impair the ability of New York to meet its obligation under the IDEA to assure that students with disabilities receive special education and related services from qualified teachers and would exacerbate existing teacher shortages.

The Committee agreed with the Department�s position on these provisions in the proposed federal NCLB regulations and endorsed an aggressive advocacy to have these provisions changed. (VESID (D) 2)

  • Your Committee discussed the proposed amendment of sections 200.2 and 200.4 of the Regulations of the Commissioner of Education. The purpose of the proposed amendment is to ensure that school districts provide teachers and other service providers with a copy of the individualized education program (IEP) of a student with a disability prior to the implementation of the student�s IEP. The proposed amendment will be submitted for approval in December 2002, with a proposed effective date of January 3, 2003.

(VESID (D) 3)

 

 

REGENTS COMMITTEE ON HIGHER AND PROFESSIONAL EDUCATION

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

Your Committee on Higher and Professional Education held its scheduled meeting on October 3, 2002. All members were present.

ACTION ITEMS

Your Committee recommends that the Regents approve the Report of the Committee on the Professions Regarding Licensing Petitions. [HP (A) 1]

Your Committee recommends that the Regents approve an amendment to the absolute charter of Cold Spring Harbor Laboratory to increase the authorized maximum number of trustees from 30 to 35. [BR (A) 1]

Your Committee recommends that the Regents approve an amendment to the charter of Colgate Rochester Divinity School to change the corporate name to Colgate Rochester Crozer Divinity School. [BR (A) 1]

Your Committee recommends that the Regents approve an amendment to the absolute charter of Long Island University to add authority for the University to confer the degree of Doctor of Physical Therapy (D.P.T.). [BR (A) 1]

Your Committee recommends that the Regents grant a provisional charter to the Center for Human Development for a period of five years. [BR (A) 1]

Your Committee recommends that the lists of designated physician shortage areas, as amended by Attachment 1 to HP (CA) 2 be approved, effective January 1, 2003. [HP (CA) 2]

Your Committee recommends that the Regents authorize the Board of Trustees of The City University of New York, effective October 4, 2002, to award the additional degree of Bachelor of Business Administration (B.B.A.) at Herbert H. Lehman College. [HP (CA) 1]

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

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

State Board for Dietetics and Nutrition � reappoint Adele Puhn (Manhasset) for a term beginning December 1, 2002 and ending November 30, 2007. [HP (A) 2]

State Board for Landscape Architecture � appoint James F. Rathmann (West Seneca) and Leland Weintraub (Yonkers) each for a term beginning November 1, 2002 and ending October 31, 2007. [HP (A) 2]

State Board of Midwifery � appoint Sandra C. Maliszewski (Westbury) for a term beginning October 4, 2002 and ending October 3, 2007, and reappoint Linda Lee Schutt (Trumansburg) for a term beginning August 1, 2002 and ending July 31, 2007. [HP (A) 2]

State Board for Occupational Therapy � reappoint Martha M. Frank (Delanson) for a term beginning December 1, 2002 and ending November 30, 2007. [HP (A) 2]

State Board for Physical Therapy � appoint Mildred B. Shapiro (Delmar) for a term beginning October 4, 2002 and ending October 3, 2007. [HP (A) 2]

State Board for Veterinary Medicine � appoint Laura R. Shafer (Vestal) for a term beginning January 1, 2003 and ending December 31, 2007. [HP (A) 2]

 

Conferral of Degrees

Your Committee recommends that the Regents confer the Associate in Occupational Studies (A.O.S.) degree on 50 candidates, the Associate in Applied Science (A.A.S.) degree on 24 candidates, and the Certificate on 99 candidates who have successfully completed the programs of Katharine Gibbs School � Melville. [HP (CA) 3]

Your Committee recommends that the Regents confer the Associate in Occupational Studies (A.O.S.) degree on 177 candidates and the Associate in Applied Science (A.A.S.) degree on 68 candidates who have successfully completed the programs of Katharine Gibbs School � New York City. [HP (CA) 3]

Your Committee recommends that the Regents confer the Associate in Occupational Studies (A.O.S.) degree on 21 candidates who have successfully completed the programs of Taylor Business Institute. [HP (CA) 3]

Master Plan Amendments

Your Committee recommends that the Regents approve an amendment to the master plan of Medaille College, effective October 4, 2002, to authorize the College to offer a Bachelor of Science (B.S.) program in veterinary technology. This amendment will be effective until October 31, 2003, unless the Department registers the program prior to that date, in which case the master plan amendment shall be without term. [HP (CA) 4]

Your Committee recommends that the Regents approve an amendment to the master plan of Houghton College, Houghton, effective October 4, 2002, authorizing the College to offer its first programs at the master�s degree level. The programs to be offered are the Master of Arts (M.A.) degree in music and the Master of Music (M.M.) degree in collaborative performance. This amendment will be effective until October 31, 2003, unless the Department registers the programs prior to that date, in which case the master plan amendment will be without term. [HP (CA) 7]

Your Committee recommends that the Regents approve an amendment to the master plan of The King�s College, New York, effective October 4, 2002, authorizing the College to offer its first baccalaureate degree in the discipline of education. The program to be offered is the Bachelor of Science (B.S.) degree in childhood education. This amendment will be effective until October 31, 2003, unless the Department registers the program prior to that date, in which case the master plan amendment will be without term. [HP (CA) 7]

Your Committee recommends that the Regents approve an amendment to the master plan of Rochester Business Institute, Rochester, effective October 4, 2002, authorizing the Institute to offer its first associate�s degree in the discipline of health professions. The program to be offered is the Associate in Occupational Studies (A.O.S.) degree in medical assisting. This amendment will be effective until October 31, 2003, unless the Department registers the program prior to that date, in which case the master plan amendment will be without term. [HP (CA) 7]

Your Committee recommends that the Regents approve an amendment to the master plan of Rochester Institute of Technology, Rochester, effective October 4, 2002, authorizing the Institute to offer its first doctoral program in the discipline of engineering. The program to be offered is the Doctor of Philosophy (Ph.D.) degree in microsystems engineering. This amendment will be effective until October 31, 2003, unless the Department registers the program prior to that date, in which case the master plan amendment will be without term. [HP (CA) 7]

Regulations of the Commissioner of Education

Your Committee recommends that the Regents approve that paragraph (1) of subdivision (c) of section 61.15 of the Regulations of the Commissioner of Education be amended, as submitted, effective October 24, 2002. [HP (CA) 5]

Restoration of Degree-Granting Powers Following a Change in Ownership and Control

Your Committee recommends that the Regents authorize Katharine Gibbs School-Melville, effective October 4, 2002, to confer the Associate in Occupational Studies (A.O.S.) and Associate in Applied Science (A.A.S.) degrees and credit-bearing certificates upon students successfully completing programs at that institution. [HP (CA) 6]

Meeting Highlights

Consent Agenda � All items approved.

Action Agenda � All items approved.

Discussion "Update on the Implementation of CUNY�s Master Plan Amendment Authorizing Revised Baccalaureate Admission Standards [HP (D) 2]": A comprehensive update was given on this topic, which included a colorful power point presentation. This was the third report on this subject and contained: information on spring 2002 site visits to CUNY institutions, data provided by CUNY, and CUNY�s response to the draft report. In addition, an oral report was given on recently completed site visits to the five remaining CUNY colleges scheduled for review, academic support services and the subject of transfer students.

"Update on Scheduling Issues for Teacher Education Program Accreditation": Deputy Commissioner Duncan-Poitier spoke of the possible need for a change in the schedule for accreditation of teacher education programs in New York State, something she discussed with them at the June 2002 meeting. The potential difficulties rest in the inability of the Teacher Education Accreditation Council (TEAC) to achieve national recognition. A recommendation to amend the Regulations, extending the deadline for accreditation to December 31, 2006 was discussed. The proposal would allow necessary time and resources essential to the comprehensive accreditation process, while upholding the Regents commitment to ensure all teacher education programs prepare qualified teachers. The Regents endorsed the proposed approach.

MATTERS NOT REQUIRING BOARD ACTION

Proposed Amendment to the Regulations of the Commissioner of Education relating to Requirements for the Renewal of a Provisional Teaching Certificate and the Issuance of a Limited Certificate in the Classroom Teaching Service [HP (D) 1]

Update on the Implementation of CUNY�s Master Plan Amendment Authorizing Revised Baccalaureate Admission Standards [HP (D) 2]

Update on Mentoring Requirement for New Teachers (Oral)

Update on Strategies to Assist Experienced College Teachers (FT/PT) to become Certified Teachers (Oral)

Follow-up on Recent Developments in the Accreditation Schedule (TEAC) (Oral) and Deputy�s Report

 

REGENTS COMMITTEE ON ELEMENTARY, MIDDLE, SECONDARY

AND CONTINUING EDUCATION

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

Your Committee on Elementary, Middle, Secondary and Continuing Education held its scheduled meeting on October 3, 2002. Regents Johnson and Cortés-Vázquez were absent and excused.

ACTION ITEMS

Charter Applications

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

Petition to Exceed Constitutional Debt Limit

  • Your Committee recommends that consent be given to the Board of Education of the Stockbridge Central School District to an increase in indebtedness to undertake the purchase of school buses. [EMSC (CA) 1]

Regulations

  • Your Committee recommends that Section 136.4 of the Regulations of the Commissioner relating to on-site cardiac Automated External Defibrillators be added as submitted, effective October 24, 2002. [EMSC (A) 1]
  • Your Committee recommends that Section 136.4 of the Regulations of the Commissioner of Education be added as submitted, effective October 8, 2002, as an emergency action to ensure that the rule remains continuously in effect until the effective date of its adoption as a permanent rule, so as to avoid disruption to school districts, boards of cooperative educational services, county vocational education and extension boards, and charter schools with respect to their purchase of appropriate Automated External Defibrillator (AED) equipment and their provision of AED training as required by Education Law Section 917. [EMSC (A) 1]
  • Your Committee recommends that Part 120 of the Regulations of the Commissioner of Education, as added by emergency action taken by the Board of Regents on July 18, 2002, be repealed, effective October 20, 2003, and that Part 120 be added as submitted, effective October 20, 2002, as an emergency action to conform the rule to recent Federal guidance relating to the duration of a student transfer under the unsafe school choice provisions of the Federal No Child Left Behind Act of 2001; to ensure that supplemental education services are provided consistent with the requirements of the Federal Rehabilitation Act and the Americans with Disabilities Act; and to otherwise ensure that the provisions of the rule remain continuously in effect until the effective date of its adoption as a permanent rule, so as to avoid disruption to the timely implementation of public school choice provisions, the approval of supplemental educational service providers, and unsafe school choice provisions, and thereby ensure compliance by the State and local educational agencies with the No Child Left Behind Act of 20-01 and Chapter 425 of the Laws of 2002. [EMSC (A) 1 and Correction of Citation)
  • Your Committee recommends that Section 155.25 of the Regulations of the Commissioner of Education relating to the operation of electrical partitions be added as submitted, effective October 24, 2002. [EMSC (A) 1]
  • Your Committee recommends that subdivision (d) of Section 151-1.2 of the Regulations of the Commissioner relating to the universal prekindergarten program be amended as submitted, effective October 24, 2002. [EMSC (A) 1]

MATTERS NOT REQUIRING BOARD ACTION

Deputy Commissioner�s Report (including PBS broadcast on career and technical education; alternative education study; career, technical and alternative education summit; focus groups for parent leaders; professional development training for South Korean educators; career and technical education enrollment data update; update on General Education Development (GED) testing; GED testing office production; and Spanish and French GED tests) [EMSC (D) 1]

Progress report on standards implementation (including key initiatives related to implementation of the standards and an update of career and technical education activities) [EMSC (D) 2]

Status report on middle-level education in New York State [EMSC (D) 3]

Department staff presented actions they propose to take to lead positive action in middle-level schools, including: creation of a statewide network of middle-level education demonstration schools that serves as a support for middle-level school change; a registry of middle-level schools that are successfully addressing positive youth development, including those that have developed effective dropout prevention programs and/or exemplary school/community connections; a catalogue of successful middle-level academic intervention services (AIS) programs; documented curricular and instructional practices at the middle-level that have proven to be successful in educating adolescents; new strategies to recruit quality teachers and leaders to serve in middle-level schools; and follow-up sessions at the BOCES level (a continuation of last spring�s middle-level forums) that extend local conversations about the education of adolescents. As a result of the discussion, the Regents will update their policy statement on middle-level education. Department staff will provide an initial outline for the policy statement. The Regents are asked to provide input prior to our next discussion in December.

Demonstration on The New York State Virtual Learning Space (VLS) [EMSC (D) 4]

A consortium of VLS grantees (Buffalo Public School System/University at Buffalo, Nassau BOCES/NYIT/New York State Teacher Center and Oswego City School District) demonstrated to the Regents how it is making standards-based content, quality educational resources and dynamic and interactive application tools available to all users throughout the State. The Regents want to identify policy issues regarding development and implementation of technology support for learning.

REGENTS COMMITTEE ON CULTURAL EDUCATION

Regent Gardner, Vice Chair of the Committee on Cultural Education, presented on behalf of the Committee the following report.

Your Committee on Cultural Education held its scheduled meeting on October 4, 2002 in Room 146, State Education Department. Everyone was present, except Regent Johnson and Regent Cortés-Vázquez, who were absent and excused.

Items for Action

Your Committee reviewed the summary recommendations with respect to charter applications, BR (A) 1, and recommends approval of those actions listed under CULTURAL EDUCATION.

Matters Not Requiring Action from the Board

Deputy Commissioner Carole Huxley introduced a preliminary discussion of the need to develop a policy and plan for improved collection stewardship in the State Museum, State Library, and State Archives. Deputy Commissioner Huxley reminded the Regents, as trustees, they have a fiduciary responsibility for the vast collections entrusted to these institutions. Following a presentation by Acting State Archivist Chris Ward on stewardship efforts in the State Archives, the Regents recognized the work of Office of Cultural Education in addressing space and environmental problems affecting the collections. The staff will return with a paper outlining options for action at a spring Regents meeting, followed in the fall with a plan for Regents discussion and approval. The Regents then discussed the formation of a visiting committee of nationally recognized experts in New York State to evaluate needs and advocate stewardship plans developed by the Office of Cultural Education.

REGENTS COMMITTEE ON PROFESSIONAL PRACTICE

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

ACTION ITEMS

Professional Discipline Cases

Your Committee recommends that the reports of the Regents Review Committees, including rulings, findings of fact, determinations as to guilt, and recommendations, by unanimous or majority vote, contained in those reports which have been distributed to you, be accepted in 5 cases. In addition, your Committee recommends, upon the recommendation of the Committee on the Professions, that 28 consent order applications and 6 surrender applications be granted.

In the case of Elaine S. Vasilopoulos, Certified Social Worker, Calendar No. 18749, we recommend that the recommendation of the Regents Review Committee as to the determination of the hearing panel be clarified to indicate, consistent with the rationale and recommendation of the Regents Review Committee that respondent is not guilty of the second specification, that the determination of the hearing panel be accepted as to the first specification and not be accepted as to the second specification and, as so clarified, the recommendation of the Regents Review Committee be accepted.

These recommendations are made following the review of 39 cases involving 16 licensed practical nurses, three dentists, four registered professional nurses, three certified social workers, two pharmacists, two certified public accountants, two licensed practical nurses who are also registered professional nurses, one architect, one massage therapist, one occupational therapist, one pharmacy and one veterinarian.

Approvals

Voted, that subdivision (a) of section 29.13 of the Rules of the Board of Regents be amended, as submitted, effective October 24, 2002, relating to the definition of unprofessional conduct in the practice of Massage Therapy. (PPC A 2)

Voted, that Joanne D. Crum (Cobleskill) and George Frost (South Glens Falls) be reappointed as extended members of the State Board for Engineering and Land Surveying for service on licensure discipline, licensure restoration, and moral character hearing panels; that Ravindra F. Shah (Oswego) be appointed as an auxiliary member of the State Board for Medicine solely for service on licensure restoration and moral character hearing panels; that Melba S.B. Ramos (New York) be appointed as an extended member of the State Board for Nursing for service on licensure disciplinary, licensure restoration, and moral character hearing panels; that Marjorie S. Maltin (Woodbury) and Gloria S. Rothenberg (Merrick) be appointed as auxiliary members of the State Board for Psychology solely for service on licensure disciplinary, licensure restoration, and moral character hearing panels; that John D. Rivituso (Clifton Park) be appointed as an extended member of the State Board for Respiratory Therapy for service on licensure disciplinary, licensure restoration, and moral character hearing panels; that James E. Apostolides (Westhampton), Paul G. Schneible (Perry), and Ellsworth B. Thorndike (Mamaroneck) be reappointed as extended members of the State Board for Veterinary Medicine for service on licensure disciplinary, licensure restoration, and moral character hearing panels; and that Jill Boyd (Schenectady), George W. Delamar (Rensselaer), Kathleen P. Kavanaugh (Croton-on-Hudson), John W. Mullen (Troy), and June M. Suprina (Bay Shore) be appointed and that Stephen T. Eble (Mount Kisco), Fern Harris (New York), John W. Purcell (New York), Dennis O. Romero (Corona), and Laurice H. Whitfield (New Rochelle) be reappointed as members of the State Committee for Professional Assistance. (PPC A 1)

MATTERS NOT REQUIRING BOARD ACTION

Your Committee discussed several topics of interest, including:

  • Proposed Amendment to the Rules of the Board of Regents (29.7 (a)(21) (ii) (a)) Relating to the Definition of Unprofessional Conduct in the Practice of Pharmacy and Limitations on Assistance to Licensed Pharmacists by Unlicensed Individuals. (PPC D 1)
  • The purpose of the proposed amendment is to revise the list of activities, performed by an unlicensed individual while assisting a licensed pharmacist in the dispensing of a prescription, that would invoke the requirement that a licensed pharmacist supervise no more than two unlicensed persons. It is recommended that formal action on the proposed amendment be taken at the December 2002 meeting of the Board of Regents.
  • Proposed Amendment to the Regulations of the Commissioner of Education (section 64.6) Relating to the Practice of Nursing and Midwifery. (PPC D 2)



  • The purpose of the proposed amendment is to identify the licensed profession of midwifery as one of the licensed health care professions that is authorized to prescribe medical regimens to be executed by registered professional nurses. The amendment also provides that these professionals may direct the care provided by licensed practical nurses. It is recommended that formal action on the proposed amendment be taken at the December 2002 meeting of the Board of Regents.



  • Social Work Licensure Law. (PPC D 3)
  • This item informed the Board of Regents about a new law that restructures the social work profession to include two levels of licensure and authorizes a restricted scope of practice.
  • Recap of Regents Public Policy Conference

The Professions portion of the Conference focused successfully on the impact of technology on professional practice. Presentations and comments touched on privacy issues, consumer education, systems approaches to improving professional practice, support for New York professionals, and more.

 

REGENTS COMMITTEE ON QUALITY

Vice Chancellor Sanford, Vice Chair of the Committee on Quality, presented on behalf of the Committee the following written report.

Your Committee on Quality held its scheduled meeting on October 4, 2002. Vice Chancellor Sanford, Regents Cofield, McGivern, Phillips, and Rubin were present. Chancellor Bennett also attended.

ACTION ITEM

No items were recommended for approval by the Regents.

MATTERS NOT REQUIRING BOARD ACTION

The Committee reviewed the proposed follow-up actions for the items listed on the Action Register from the July 2002 Retreat. The Committee confirmed the list of key issues for follow up with these modifications:

  • The first item should be revised to reflect the intent to focus the Board�s agenda(rather than time and effort) on key policy decisions and reviews of major polices.
  • The two items related to higher education should be combined with the one on communication strategies, since this is an important constituency.
  • The communication strategies item should also include ways to listen more to legislators and experts on the Board�s key policy issues.

The Committee then proceeded to discuss the items on focusing the Board�s agenda and communications. The Quality Committee recommends that Committee Chairs have additional opportunities to receive training on managing meetings and agenda as well as opportunities to talk about their role and the integration of policy issues.

The Committee also recommends that the Commissioner seek assistance from external experts who can help the Board develop an effective and comprehensive public communications strategy.

The Committee also discussed possible alternative schedules for the monthly Board meetings. The Chair will bring a proposal for a trial meeting schedule to the full Board in November.

 

 

 

APPENDIX I

NEW YORK STATE BOARD OF REGENTS

CHARTER ACTIONS

OCTOBER 4, 2002

 

CUBA CIRCULATING LIBRARY. An application having been made by and on behalf of the trustees of Cuba Circulating Library, for an amendment of its charter, it was

Voted, that the absolute charter of the Cuba Circulating Library, located in Cuba, county of Allegany, state of New York, which was granted by action of the Board of Regents on October 9, 1872; which absolute charter was amended by Regents action on May 27, 1926 be, and the same hereby is, amended to define the service area as that portion of the Cuba Rushford School District that is located in the townships of Belfast, Cuba, Clarksville, Friendship, Hinsdale, Ischua and New Hudson, to designate the Commissioner of Education as the agent of the corporation for the purpose of service of process, and to add the following language:

"The corporation hereby created shall be a nonstock corporation organized and operated exclusively for educational purposes, as defined in section 501(c)(3) of the Internal Revenue Code of 1986 (or the corresponding provision of any future Federal tax code), and no part of the net earning or net income shall inure to the benefit of any member, trustee, director or officer of the corporation, or any private individual (except that reasonable compensation may be paid for services rendered to or for the corporation), and no member, trustee, director or officer of the corporation, or any private individual, shall be entitled to share in the distribution of any of the corporate assets upon dissolution of the corporation.

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

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

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

JOSEPHINE-LOUISE PUBLIC LIBRARY. An application having been made by and on behalf of the trustees of Josephine-Louise Public Library, for an amendment of its charter, it was

Voted, that the absolute charter of the Josephine-Louise Public Library, located in Walden, county of Orange, state of New York, which was granted by action of the Board of Regents on February 27, 1959 be, and the same hereby is, amended to change the number of trustees from five to not less than five nor more than nine, to designate the Commissioner of Education as the agent of the corporation for the purpose of service of process and to add the following language:

"The corporation hereby created shall be a nonstock corporation organized and operated exclusively for educational purposes, as defined in section 501(c)(3) of the Internal Revenue Code of 1986 (or the corresponding provision of any future Federal tax code), and no part of the net earning or net income shall inure to the benefit of any member, trustee, director or officer of the corporation, or any private individual (except that reasonable compensation may be paid for services rendered to or for the corporation), and no member, trustee, director or officer of the corporation, or any private individual, shall be entitled to share in the distribution of any of the corporate assets upon dissolution of the corporation.

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

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

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

NATIONAL SOARING MUSEUM. An application having been made by and on behalf of the trustees of National Soaring Museum, for an amendment of its charter, it was

Voted, that the provisional charter of the National Soaring Museum, located in Elmira, county of Chemung, state of New York, which was granted by action of the Board of Regents on April 28, 1972; which provisional charter was extended by Regents action on February 26, 1976 and was made absolute by Regents action on November 15, 1991 be, and the same hereby is, amended to add the following language:

"The corporation hereby created shall be a nonstock corporation organized and operated exclusively for educational purposes, as defined in section 501(c)(3) of the Internal Revenue Code of 1986 (or the corresponding provision of any future Federal tax code), and no part of the net earning or net income shall inure to the benefit of any member, trustee, director or officer of the corporation, or any private individual (except that reasonable compensation may be paid for services rendered to or for the corporation), and no member, trustee, director or officer of the corporation, or any private individual, shall be entitle to share in the distribution of any of the corporate assets upon dissolution of the corporation.

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

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

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

In any taxable year in which the corporation is a private foundation as described in Section 509 (a) of the Internal Revenue Code, the corporation shall distribute its income for said period at such time and manner as not to subject it to tax under Section 4942. Further, the Corporation shall not (a) engage in any act of self-dealing as defined in Section 4941(d); (b) retain any excess business holdings as defined in Section 4943; (c) make any investments in such manner as to subject the Corporation to tax under Section 4944; or (d) make any taxable expenditures as defined in Section 4945 or the corresponding provisions of any subsequent tax law."

NASSAU HERITAGE. An application having been made by and on behalf of the trustees of the Nassau Heritage, for an amendment of its charter, it was

Voted, that the provisional charter of the Nassau Heritage, located in the town of Garden City, county of Nassau, state of New York, which was granted by action of the Board of Regents on November 10, 2000 be, and the same hereby is, amended to change the corporate name to "Museums at Mitchel."

WIDE AWAKE CLUB LIBRARY. An application having been made by and on behalf of the trustees of Wide Awake Club Library, for an amendment of its charter, it was

Voted, that the provisional charter of the Wide Awake Club Library, located in Fillmore, county of Allegany, state of New York, which was granted by action of the Board of Regents on November 4, 1897; which charter was made absolute by Regents action on May 21, 1903 and amended by Regents action on November 7, 1973 be, and the same hereby is, amended to define the service area as the town of Hume; to indicate that the number of trustees shall be not more than eleven nor less than five; to designate the Commissioner of Education as the agent of the corporation for the purpose of service of process; and to add the following language:

"The corporation hereby created shall be a nonstock corporation organized and operated exclusively for educational purposes, as defined in section 501(c)(3) of the Internal Revenue Code of 1986 (or the corresponding provision of any future Federal tax code), and no part of the net earning or net income shall inure to the benefit of any member, trustee, director or officer of the corporation, or any private individual (except that reasonable compensation may be paid for services rendered to or for the corporation), and no member, trustee, director or officer of the corporation, or any private individual, shall be entitled to share in the distribution of any of the corporate assets upon dissolution of the corporation.

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

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

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

PERRY PUBLIC LIBRARY.

Voted, that

1. An absolute charter in the first instance is granted incorporating Mary E. Buzard, Paul V. Gibson, Roy A. Griswold, Elizabeth H. Rice, Eleanor J. Jacobs, Angelic M. Lowery, Nancy M. Meissel and their associates and successors as an education corporation under the corporate name of Perry Public Library located in Perry, county of Wyoming and state of New York.

  1. The purpose for which such corporation is to operate a public library to serve the residents of the Perry Central School District.

3. The persons named as incorporators shall constitute the first board of trustees, said trustees to serve in the order in which they are named hereinabove, for terms that shall expire June 30, one in 2003, one in 2004, two in 2005, one in 2006 and two in 2007. Thereafter, as such terms expire, their successors shall be elected by the voters of the school district for a term of five years. Vacancies due to cause other than expiration of term shall be filled for the balance of the unexpired term by the library board of trustees. The board shall have power to adopt bylaws and shall have power by vote of two-thirds of all the members of the board of trustees to change the number of trustees to be not more than fifteen nor less than five.

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

Mary E. Buzard

3042 Simmons Road

Perry, New York 14530

 

Paul V. Gibson

P.O. Box 246

Perry, New York 14530

 

Roy A. Griswold

72 S. Federal Street

Perry, New York 14530

 

Elizabeth H. Rice

14 Covington Street

Perry, New York 14530

 

Eleanor J. Jacobs

6935 Burke Hill Road

Perry, New York 14530

 

Angelic M. Lowery

19 Bradford Street

Perry, New York 14530

 

Nancy M. Meissel

6443 Chamberlain Road

Silver Springs, New York 14550

5. The corporation hereby created shall be a nonstock corporation organized and operated exclusively for educational purposes, as defined in section 501(c)(3) of the Internal Revenue Code of 1986 (or the corresponding provision of any future Federal tax code), and no part of the net earnings or net income shall inure to the benefit of any member, trustee, director or officer of the corporation, or any private individual (except that reasonable compensation may be paid for services rendered to or for the corporation), and no member, trustee, director or officer of the corporation, or any private individual, shall be entitled to share in the distribution of any of the corporate assets upon dissolution of the corporation.

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

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

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

9. The principal office of the corporation shall be located at 70 North Main Street, Perry, New York 14530.

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

CHAMPLAIN VALLEY TRANSPORTATION MUSEUM

Voted, that

1. A provisional charter valid for a term of five years is granted incorporating Ronald Venne, Bruce S. Carlin, Todd R. Kranpitz, Anthony Vaccaro, Joanne A. Vaccaro, William F. Staub, Debby Powers, John L. Ianelli and their associates and successors as an education corporation under the corporate name of Champlain Valley Transportation Museum, located in Plattsburgh, county of Clinton and state of New York.

2. The purpose of this corporation are:

a. To establish and maintain a history museum relating to automobiles, carriages, trains, boats and other modes of transportation in Plattsburgh, the Champlain Valley, the North Country and New York State.

b. To collect, own, hold, maintain, preserve, and make available appropriate historical objects and artifacts;

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

d. To educate students, the general public and enthusiasts of all ages about the role that automobiles and transportation played in the region�s social and economic development.

3. The persons named as incorporators shall constitute the first board of trustees. The board shall have power to adopt bylaws, including therein provisions fixing the method of election and the term of office of trustees, and shall have power by vote of two-thirds of all the members of the board of trustees to change the number of trustees to be not more than twenty-five nor less than five.

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

Ronald Venne

72 Bailey Avenue

Plattsburgh, New York 12901

 

Bruce S. Carlin

7641 Route 22

West Chazy, New York 12992

 

Todd R. Kranpitz

5 Tanglewood Way

Morrisonville, New York 12962

 

Anthony Vaccaro

101 Lighthouse Road

Plattsburgh, New York 12901

 

Joanne A. Vaccaro

101 Lighthouse Road

Plattsburgh, New York 12901

 

William F. Staub

87 Farrell Road

Willsboro, New York 12996

 

Debby Powers

5 Ingraham Road

West Chazy, New York 12992

 

John L. Ianelli

14 New Hampshire Street

Plattsburgh, New York 12903

5. The corporation hereby created shall be a nonstock corporation organized and operated exclusively for educational purposes, as defined in section 501(c)(3) of the Internal Revenue Code of 1986 (or the corresponding provision of any future Federal tax code), and no part of the net earnings or net income shall inure to the benefit of any member, trustee, director or officer of the corporation, or any private individual (except that reasonable compensation may be paid for services rendered to or for the corporation), and no member, trustee, director or officer of the corporation, or any private individual, shall be entitled to share in the distribution of any of the corporate assets upon dissolution of the corporation.

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

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

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

9. The facility to be maintained by the corporation is to be located at Plattsburgh Airbase Redevelopment Corporation. The mailing address is P.O. Box 2842, Plattsburgh, New York 12901.

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

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

HISTORICAL PRESERVATION AND RESTORATION ASSOCIATION OF GREATER HAMILTON

Voted, that

1. A provisional charter valid for a term of five years is granted incorporating Jean S. Deming, William E. Edmonston, Jr., Carl R. Peterson, Warren C. Ramshaw, Eric Van Schaack, Bruce M. Moseley, Paul V. Noyes and their associates and successors as an education corporation under the corporate name of Historical Preservation and Restoration Association of Greater Hamilton, located in Hamilton, county of Madison and state of New York.

2. The purpose of this corporation is to support various historical projects, including but not limited to the preservation of historic buildings, the sponsorship of events relating to the history of the area, and the development and preservation of various historical records and documents in the Town of Hamilton, New York, the villages contained therein and the surrounding area.

3. The persons named as incorporators shall constitute the first board of trustees. The board shall have power to adopt bylaws, including therein provisions fixing the method of election and the term of office of trustees, and shall have power by vote of two-thirds of all the members of the board of trustees to change the number of trustees to be not more than twenty-five nor less than five.

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

Jean S. Deming

2597 East Lake Road

Hamilton, New York 13346

 

William E. Edmonston, Jr.

1841 Preston Hill Road

Hamilton, New York 13346

 

Carl R. Peterson

21 Milford Street

Hamilton, New York 13346

 

Warren C. Ramshaw

25 Payne Street

Hamilton, New York 13346

 

Eric Van Schaack

28 West Pleasant Street

Hamilton, New York 13346

 

Bruce M. Moseley

1189 Williams Road

Hubbardsville, New York 13355

 

Paul V. Noyes

Box 111N

Route 46

Munnsville, New York 13409

5. The corporation hereby created shall be a nonstock corporation organized and operated exclusively for educational purposes, as defined in section 501(c)(3) of the Internal Revenue Code of 1986 (or the corresponding provision of any future Federal tax code), and no part of the net earnings or net income shall inure to the benefit of any member, trustee, director or officer of the corporation, or any private individual (except that reasonable compensation may be paid for services rendered to or for the corporation), and no member, trustee, director or officer of the corporation, or any private individual, shall be entitled to share in the distribution of any of the corporate assets upon dissolution of the corporation.

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

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

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

9. The facility to be maintained by the corporation is to be located in the incorporated Village of Hamilton, County of Madison, State of New York. The mailing address is P.O. Box 383, Hamilton, New York 13346.

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

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

SOUTHERN TIER UNDERGROUND RAILROAD HISTORICAL SOCIETY

Voted, that

1. A provisional charter valid for a term of five years is granted incorporating Major A. Barnett, Sherman F. Wooden, Susan Sherwood, George M. Sands, Gerald Smith, Stanley Gluck, Brenda Cave, Darryl C. Thomas, Erica Dooley and their associates and successors as an education corporation under the corporate name of Souther Tier Underground Railroad Historical Society, located in Binghamton, county of Broome and state of New York.

2. The purpose of this corporation are:

a. To promote history and original historical research on the Underground Railroad, especially as it operated in the Southern Tier, and to disseminate and encourage a greater knowledge of that history;

b. To encourage the suitable marking of appropriate places of historic interest;

c. To bring together those people interested in history, sponsor historical meetings, programs, events and exhibits, and issue publications in any format; and

d. To cooperate with individuals, county and state officials and historical organizations at all levels in carrying out these purposes.

3. The persons named as incorporators shall constitute the first board of trustees. The board shall have power to adopt bylaws, including therein provisions fixing the method of election and the term of office of trustees, and shall have power by vote of two-thirds of all the members of the board of trustees to change the number of trustees to be not more than twenty-five nor less than five.

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

Major A. Barnett

P.O. Box 614

Binghamton, New York 13905

 

Sherman F. Wooden

R.D. #4 Box 276

Montrose, Pennsylvania 18801

 

Susan Sherwood

562 Chenango Street

Binghamton, New York 13901

 

George M. Sands IV

P.O. Box 387

Masonville, New York 13890

 

Gerald Smith

144 Park Avenue

Binghamton, New York 13903

 

Stanley Gluck

176-2 Ballyhack Road

Port Crane, New York 13833

 

Brenda Cave

9 N. Liberty

Endicott, New York 13760

 

Darryl C. Thomas

16 Haendel

Binghamton, New York 13905

 

Erica Dooley

7-8 Saratoga Heights

Binghamton, New York 13903

5. The corporation hereby created shall be a nonstock corporation organized and operated exclusively for educational purposes, as defined in section 501(c)(3) of the Internal Revenue Code of 1986 (or the corresponding provision of any future Federal tax code), and no part of the net earnings or net income shall inure to the benefit of any member, trustee, director or officer of the corporation, or any private individual (except that reasonable compensation may be paid for services rendered to or for the corporation), and no member, trustee, director or officer of the corporation, or any private individual, shall be entitled to share in the distribution of any of the corporate assets upon dissolution of the corporation.

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

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

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

9. The mailing address of the corporation is P.O. Box 614, Binghamton, New York 13905.

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

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

 

56TH REGIMENT N.Y. VOLUNTEER INFANTRY

Voted, that

1. A certificate of incorporation is granted incorporating Sue Mapledoram, Michael Roberts, Thomas Klein, Dennis Simmons, Michael Paccinone and their associates and successors as an education corporation under the corporate name of 56th Regiment N.Y. Volunteer Infantry, located in Monticello, county of Sullivan, state of New York.

  1. The purpose for which such corporation is formed are:
  2. a. To educate the public about the daily life and activities of the personnel of the 56th Regiment N.Y. Volunteer Infantry from Sullivan County, New York, by representing and recreating the authentic style, manner and equipment of the same;

    b. To participate in appropriate living history events and re-enactment�s for battles, campaigns, marches, flotillas, maneuvers and other engagements for the general public, schools, and civic organizations in order to educate said groups;

    c. To promote and encourage appropriate historical research, preservation, dissemination and interpretation of the regiment�s history and the lives and times of the officers, enlisted personnel and civilians involved;

    d. To encourage the discovery, documentation, marking and preservation of appropriate historical sites, markers and monuments;

    e. To sponsor appropriate exhibits and displays accessible to the public;

    f. To serve the community as appropriate by participating in parades, memorial events and dedications, and to assist the other community organizations in historical, military patriotic and similar functions, and make presentations to school by visiting classrooms & participating in other educational activities.

  3. The persons named as incorporators shall constitute the first board of trustees. The board shall have power to adopt bylaws, including therein provisions fixing the method of election and the term of office of trustees, and shall have power by vote of two-thirds of all the members of the board of trustees to change the number of trustees to be not more than twenty-five nor less than five.
  4. The names and post office addresses of the first trustees are as follows:
  5.  

    Sue Mapledoram

    58 Park Avenue

    Monticello, New York 12701

     

    Michael Roberts

    212 Pleasant Valley Road

    Callicoon, New York 12723

     

    Thomas Klein

    1705 County Route 121

    North Branch, New York 12766

     

    Dennis Simmons

    5 Dennam Road

    Liberty, New York 12754

     

    Michael Paccinone

    303 Brimstone Hill Road

    Pine Bush, New York 12566

     

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

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

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

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

    9. The principal office of the corporation shall be located at c/o 56th Regiment N.Y. Volunteer Infantry, Sue Mapledoram, 58 Park Avenue, Monticello, New York 12701.

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

    14TH REGIMENT NEW YORK STATE MILITIA, COMPANY E, LIVING HISTORY ASSOCIATION

    Voted, that

    1. A certificate of incorporation is granted incorporating Frank J. Ruiz, Sr., Anthony Della-Rocca, Joseph J. Tafuri, Steve Ondra, Bruce Lionel and their associates and successors as an education corporation under the corporate name of 14th Regiment New York State Militia, Company E, Living History Association, located in Selden, county of Suffolk, state of New York.

  6. The purpose for which such corporation is formed are:
  7. a. To educate the public as to the history of the 14th Regiment, New York State Militia, known as the "14th Brooklyn," and its role in the United States of America�s Civil War;

    b. To educate the public as to the individuals who fought in this regiment,;

    c. To research and preserve the history of this regiment;

    d. To promote and stimulate public interest in this regiment;

    e. To educate and heighten public awareness of the general history of the Civil War;

    f. To educate and heighten public awareness of the clothing, accoutrements and weapons of this regiment and of the Civil War; and

    g. To educate and heighten public awareness of the roles of men and women from Brooklyn in the Civil War, the lives of participants in the Civil War and their bravery and skill under fire on behalf of the Union.

  8. The persons named as incorporators shall constitute the first board of trustees. The board shall have power to adopt bylaws, including therein provisions fixing the method of election and the term of office of trustees, and shall have power by vote of two-thirds of all the members of the board of trustees to change the number of trustees to be not more than twenty-five nor less than five.
  9. The names and post office addresses of the first trustees are as follows:

                    Frank J. Ruiz, Sr.

                    7 Oakmont Avenue

                    Selden, New York 11784


Anthony Della-Rocca
638 Shore Road
Lindenhurst, New York 11757


Joseph J. Tafuri
921 Stuart Avenue
Mamaroneck, New York 10543


Steve Ondra
245-53 149th Avenue
Rosedale, New York 11422


Bruce Lionel
311 Kalb Avenue
Franklin Square, New York 11010

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

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

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

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

9. The principal office of the corporation shall be located at 7 Oakmont Avenue, Selden, New York 11784.

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

BAYSIDE LUTHERAN SCHOOL OF EARLY EDUCATION. An application having been made by and on behalf of the trustees of the Bayside Lutheran School of Early Education, for an amendment of its charter, it was

Voted, that the provisional charter of the Bayside Lutheran School of Early Education, located in Flushing, county of Queens, state of New York, which was granted by action of the Board of Regents on April 18, 1986; and which was made amended by Regents action on July 24, 1987, and as amended, made absolute, be, and the same hereby is, amended to change the corporate address to 155-14 35th Avenue, Flushing, New York 11354 and to change the corporate name to "Bayside Lutheran School."

ST. CHARLES EDUCATIONAL AND THERAPEUTIC CENTER. An application having been made by and on behalf of the trustees of the St. Charles Educational and Therapeutic Center for an amendment of its charter, it was

Voted, that the provisional charter of the St. Charles Educational and Therapeutic Center, located in Port Jefferson, county of Suffolk, state of New York, which was granted by action of the Board of Regents on January 20, 1988; which provisional charter was made absolute by Regents action on April 27, 1990; which absolute charter was amended by Regents action on September 24, 1993 be, and the same hereby is, amended to change the corporate address to 14 Research Way, East Setauket, New York 11733 and to change the corporate name to "Alternatives for Children."

SPRING HILL WALDORF SCHOOL. An application having been made by and on behalf of the trustees of the Spring Hill Waldorf School, for an amendment of its charter, it was

Voted, that the provisional charter of the Spring Hill Waldorf School, located in Saratoga Springs, county of Saratoga, state of New York, which was granted by action of the Board of Regents on July 24, 1987 under the corporate name "Spring Hill School"; and which provisional charter was amended by Regents action on June 22, 1990, and as amended, extended; on July 23, 1993 to change the corporate name to "Spring Hill Waldorf School," to change the corporate address from Ballston Spa to Saratoga Springs, and to add authority for the school to operate a grade nine through twelve school, and as amended, extended; and amended and extended on November 14, 1997 be, and the same hereby is, amended to authorize the corporation to also operate at 212 Lake Avenue, Saratoga Springs, New York 12866, to change the corporate name to "Waldorf School of Saratoga Springs," and , as so amended, extended until October 4, 2006; and prior to that date, an application for the further extension of such provisional charter or for an absolute charter will be entertained by the Regents, but, in the event that such application is not made, then after October 4, 2006 and upon notice by the Regents, such provisional charter shall terminate and become void and shall be surrendered to the Regents.

CHRISTIAN ACADEMY OF WESTERN NEW YORK

Voted, that

1. A provisional charter valid for a term of three years is granted incorporating Dr.

Charles Matlach, Donna J. Matlach, Victoria L. Grout, Diane Wachowicz, Douglas W. Kilburn and their associates and successors as an education corporation under the corporate name of Christian Academy of Western New York, located in Lockport, county of Niagara and state of New York.

2. The purposes of this corporation are to operate a kindergarten through grade twelve school; to provide a high standard of education for each student, kindergarten through twelfth grade, based upon a firm foundation in the Word of God; to assist Christian parents in their responsibility to educate their children to obey Biblical instruction; to prepare its students to impact their generation for Christ, by providing a standard of excellence for educating the whole student in a Christian environment and to provide a professional Christian staff and administration, as well as programs, policies and curriculum which results in high-quality, Christ-centered education and development for each student, academically, spiritually, physically, emotionally and socially.

3. The persons named as incorporators shall constitute the first board of trustees. The board shall have power to adopt bylaws, including therein provisions fixing the method of election and the term of office of trustees, and shall have power by vote of two-thirds of all the members of the board of trustees to change the number of trustees to be not more than twenty-five nor less than five.

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

Dr. Charles Matlach

25 Cranbrook Court

Amherst, New York 14150

 

Donna J. Matlach

25 Cranbrook Court

Amherst, New York 14150

 

Victoria L. Grout

61 South New York Street

Lockport, New York 14094

 

Diane Wachowicz

2962 Carney Drive

Sanborn, New York 14132

 

Douglas W. Kilburn

135 Ensign Street

Medina, New York 14103

5. The corporation hereby created shall be a nonstock corporation organized and operated exclusively for educational purposes, as defined in section 501(c)(3) of the Internal Revenue Code of 1986 (or the corresponding provision of any future Federal tax code), and no part of the net earnings or net income shall inure to the benefit of any member, trustee, director or officer of the corporation, or any private individual (except that reasonable compensation may be paid for services rendered to or for the corporation), and no member, trustee, director or officer of the corporation, or any private individual, shall be entitled to share in the distribution of any of the corporate assets upon dissolution of the corporation.

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

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

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

9. The facility to be maintained by the corporation is to be located at 120 Main Street, Lockport, New York 14094.

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

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

THE MCCARTON SCHOOL

Voted, that

1. A provisional charter valid for a term of three years is granted incorporating Sigurd H. Ackerman, M.D., Ephraim G. Fields, Cecelia M. McCarton, M.D., Steven C. Pierson, Sam H. Schwartz, Gary S. Weinstein and their associates and successors as an education corporation under the corporate name of The McCarton School, located in the city, county and state of New York.

2. The purposes of this corporation are to operate a center-based school for the education of children with autistic spectrum disorder from three to eight years of age; and to establish and operate a day care center within the state of New York, provided, however, that before each such facility shall be established and opened, the prior written approval of the New York State Office of Children and Family Services (and the New York City Department of Health for day care centers within New York City) must be obtained.

3. The persons named as incorporators shall constitute the first board of trustees. The board shall have power to adopt bylaws, including therein provisions fixing the method of election and the term of office of trustees, and shall have power by vote of two-thirds of all the members of the board of trustees to change the number of trustees to be not more than twenty-five nor less than five.

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

Sigurd H. Ackerman, M.D.

St. Luke�s Roosevelt Hospital Center

1000 Tenth Avenue

New York, New York 10019

 

Ephraim G. Fields

220 East 72nd Street

New York, New York 10021

 

Cecelia M. McCarton, M.D.

C/o the McCarton Center

108 East 96th Street

New York, New York 10128

 

Steven C. Pierson

312 East 23rd Street

New York, New York 10010

 

Sam H. Schwartz

6 Aspen Drive

Chappaqua, New York 10514

 

Gary S. Weinstein

Lehman Brothers

745 Seventh Avenue

New York, New York 10019

5. The corporation hereby created shall be a nonstock corporation organized and operated exclusively for educational purposes, as defined in section 501(c)(3) of the Internal Revenue Code of 1986 (or the corresponding provision of any future Federal tax code), and no part of the net earnings or net income shall inure to the benefit of any member, trustee, director or officer of the corporation, or any private individual (except that reasonable compensation may be paid for services rendered to or for the corporation), and no member, trustee, director or officer of the corporation, or any private individual, shall be entitled to share in the distribution of any of the corporate assets upon dissolution of the corporation.

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

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

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

9. The institution to be maintained by the corporation is to be located at 350 East 82nd Street, a/k/a 1569 First Avenue, New York City, New York 10028.

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

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

THE MONTFORT ACADEMY. An application having been made by and on behalf of the trustees of The Montfort Academy , for its provisional charter to be amended, and as amended, extended, it was

Voted, that the provisional charter of The Montfort Academy, located in city, county and state of New York, which was granted by action of the Board of Regents on November 6, 1998; which provisional charter was amended and extended by action of the Board of Regents on July 16, 1999 and extended on November 10, 2000 be, and the same hereby is amended to change the corporate address and school site location to St. Mary�s Church, 99 Valley Road, Katonah, New York 10536, and, as so amended, extended until October 4, 2005; and prior to that date, an application for the further extension of such provisional charter or for an absolute charter will be entertained by the Regents, but, in the event that such application is not made, then after October 4, 2005 and upon notice by the Regents, such provisional charter shall terminate and become void and shall be surrendered to the Regents.

LASALLE CENTER, SCHOOLS AND CAMP. An application having been made by and on behalf of the trustees of the LaSalle Center Schools and Camp, for its charter to be dissolved, and for approval of the distribution of its remaining corporate assets to The De La Salle School, an education corporation incorporated by the Board of Regents on July 18, 2002,and it appearing from the petition that all taxes payable by the corporation have been paid, it was

Voted, that the absolute charter in the first instance of the LaSalle Center, Schools and Camp, located in Oakdale, county of Suffolk, state of New York, which corporation was originally incorporated by Special Act of the Legislature on September 16, 1886 under the corporate name "Sacred Heart Academy," pursuant to the provisions of Chapter 319 of the Laws of 1848 and Chapter 51 of the Laws of 1870; which absolute charter was amended on May 14, 1906, pursuant to the provisions of Chapter 445 of the Laws of 1906, to change the corporate name to "Clason Point Military Academy" and was amended by action of the Board of Regents on April 26, 1928 to change the corporate name to "LaSalle Military Academy," on April 23, 1982, July 29, 1983, and on December 17, 1993, to amend the corporate purposes and to change the corporate name to "LaSalle Center Schools and Camp," and on February 6, 2001 be, and the same hereby is, dissolved, and that notice to such effect be given to the board of trustees of the corporation, and that the distribution of the corporation�s assets to The De La Salle School be, and the same hereby is, approved.

COLD SPRING HARBOR LABORATORY. An application having been made by and on behalf of the trustees of Cold Spring Harbor Laboratory, for its absolute charter to be amended, it was

Voted, that the absolute charter in the first instance of Cold Spring Harbor Laboratory, located in Cold Spring Harbor, county of Nassau, state of New York, which was granted by action of the Board of Regents under the corporate name "Cold Spring Harbor Laboratory of Quantitative Biology" on September 28, 1962; which absolute charter was amended by Regents action on January 21, 1970 to change the corporate name to "Cold Spring Harbor Laboratory." October 23, 1987, September 18, 1998 and February 3, 1999 to change the name of its graduate program from "Cold Spring Harbor Laboratory, School of Biological Sciences" to "Cold Spring Harbor Laboratory, Watson School of Biological Sciences" be, and the same hereby is, amended to increase the maximum number of trustees from 30 to 35.

COLGATE ROCHESTER DIVINITY SCHOOL. An application having been made by and on behalf of the trustees of the Colgate Rochester Divinity School , for an amendment of its charter, it was

Voted, that the charter of the Colgate Rochester Divinity School, located in the city of Rochester, county of Monroe, and state of New York, which was originally incorporated on March 30, 1927 under the name of "The Baptist Education Society of the State of New York," and which was formed by the consolidation of the "Baptist Education Society of the State of New York" and the "New York Baptist Union for Ministerial Education" pursuant to Chapter 418 of the Laws of 1927; which charter having been amended by action of the Regents on May 16, 1929 and September 25, 1953 to change the corporate name to "Colgate Rochester Divinity School"; on April 26, 1963; and on September 21, 1973 be, and the same hereby is, amended to change the corporate name to "Colgate Rochester Crozer Divinity School."

LONG ISLAND UNIVERSITY. An application having been made by and on behalf of the trustees of Long Island University, for an amendment of its charter, it was

Voted, that the provisional charter of Long Island University, located in Brookville, county of Nassau, and state of New York, which was granted by action of the Board of Regents on December 9, 1926; which provisional charter was made absolute by Regents action on February 19, 1931; which absolute charter was amended and which corporation was merged with the First Institute of Podiatry by Regents action on November 16, 1939; which absolute charter was amended by Regents action on July 23, 1943, March 26, 1952, June 25, 1954, June 26, 1959, September 29, 1961, May 24, 1963, June 24, 1966, November 15, 1973, July 1, 1976, October 29, 1976 and October 19, 1978; which corporation was consolidated by Regents action with the Arnold and Marie Schwartz College of Pharmacy and Health Sciences on March 22, 1979; which absolute charter was amended by Regents action on May 22, 1981, September 21, 1984 to restate the charter in its entirety, July 27, 1990, September 24, 1993, February 3, 1995, June 6, 1995 and on September 13, 2002 be, and the same hereby is, amended to authorize the corporation to confer the Doctor of Physical Therapy (D.P.T.) degree.

CENTER FOR HUMAN DEVELOPMENT

Voted, that

1. A provisional charter valid for a term of five years is granted incorporating Susan R. Blumenson, Ph.D., Phyllis F. Cohen, Ph.D., Samuel L. Cotton, C.S.W., Toby Chuah Feinson, Ph.D., Robert Garey, CPA, Walter Goldstein, Ph.D., Susan Jakubowicz, Ph.D., Allan Jay, Phillip Karasyk, LLD, Edward R. Sacher, Lynne F. Sacher, Ph.D. and their associates and successors as an education corporation under the corporate name of Center for Human Development, located in the city, county and state of New York.

2. The purpose of this corporation are:

a. To establish a training institute in modern psychoanalysis that will provide courses in the standard history, theory, and technique of psychoanalysis, offer intensive clinical training in modern psychoanalytic theory, and provide a learning experience that derives from emotional as well as intellectual learning;

b. To introduce mental health care professionals, including psychologists, psychiatrists, and social workers, to individual and group psychoanalytic techniques and to establish a form for the exchange of ideas on the concepts of modern psychoanalysis among such professionals;

c. To introduce mental health care professionals to the concepts and ideas of individual modern psychoanalysis and modern group psychoanalysis, and its application to daily life situation;

d. To conduct the educational activities of the Center for Human Development in a manner consistent with the Education Law of the State of New York;

e. To maintain and encourage high professional standards for the practice of psychoanalysis;

f. To focus on intensive training in individual modern psychoanalysis and modern psychoanalytic group therapy and to relate this training to effective analytic work with the family unit, the work setting and the classroom in an educational setting;

g. To develop a program in parent education so that the community at large may benefit from modern psychoanalytic insights, including workshops for mothers , fathers and children;

h. To fill a unique gap in providing modern psychoanalytic insights which focus on vocational decision and career advancement;

i. To arrange for the publication of material relevant to the mental health community in our journal, "Current Trends in Psychoanalysis and Psychotherapy";

j. To establish a clinic � a mental health treatment service � offering low-fee, short- and long-term psychotherapy to the community, with advanced candidates from the school, working under close faculty supervision, staffing the clinic;

k. To offer workshop series and summer school courses on topics that can be of service to the community;

l. To encourage candidates in the pursuit of further education, in the form of advanced degrees, such as the Psy.D. and Ph.D. in psychoanalysis, at institutions of higher learning; and

m. To foster research to provide a forum for new understanding of human growth and development.

3. The persons named as incorporators shall constitute the first board of trustees. The board shall have power to adopt bylaws, including therein provisions fixing the method of election and the term of office of trustees, and shall have power by vote of two-thirds of all the members of the board of trustees to change the number of trustees to be not more than twenty-five nor less than five.

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

Susan R. Blumenson, Ph.D.

24 Fifth Avenue

Ground Floor Suite

New York, New York 10011

 

Phyllis F. Cohen, Ph.D

301 West 57th Street

Suite 20CD

New York, New York 10019

 

Samuel L. Cotton, C.S.W

945 Underhill Avenue

Bronx, New York 10473

 

Toby Chuah Feinson, Ph.D.

39-15 D�Auria Drive

Fair Lawn, New Jersey 07410

 

Robert Garey, CPA

17-17 Route 208 North

Fair Lawn, New Jersey 07410

 

Walter Goldstein, Ph.D.

301 West 57th Street

Suite 20CD

New York, New York 10019

 

Susan Jakubowicz, Ph.D.

301 East 21st Street

Suite 1K

New York, New York 10010

 

Allan Jay

170 Broadway

Suite 1700

New York, New York 10038

 

Phillip Karasyk, LLD

233 Broadway

Suite 1800

New York, New York 10279

 

Edward R. Sacher

16-21 Split Rock Road

Fair Lawn, New Jersey 07410

 

Lynn F. Sacher, Ph.D.

1225 Park Avenue

Suite 1A

New York, New York 10128

5. The corporation hereby created shall be a nonstock corporation organized and operated exclusively for educational purposes, as defined in section 501(c)(3) of the Internal Revenue Code of 1986 (or the corresponding provision of any future Federal tax code), and no part of the net earnings or net income shall inure to the benefit of any member, trustee, director or officer of the corporation, or any private individual (except that reasonable compensation may be paid for services rendered to or for the corporation), and no member, trustee, director or officer of the corporation, or any private individual, shall be entitled to share in the distribution of any of the corporate assets upon dissolution of the corporation.

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

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

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

9. The institution to be maintained by the corporation is to be located at 1225 Park Avenue, Suite 1A, New York, New York 10128. The mailing address is 16-21 Split Rock Road, Fair Lawn, New Jersey 07410.

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

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

 

 

APPENDIX II

REGENTS ACTIONS IN 39 PROFESSIONAL DISCIPLINE CASES

October 3-4, 2002

The Board of Regents announced disciplinary actions resulting in the surrender of 6 licenses and 33 other disciplinary actions.

  1. SURRENDERS
  2. Massage Therapy

    Patrick Mortimer McGee-Russell; 62 Avenida de Compadres, Santa Fe, NM 87505; Lic. No. 007118; Cal. No. 20179; Application to surrender license granted. Summary: Licensee did not contest charge of massaging the genital area of two undraped clients.

    Nursing

    Judy A. Roberts; Licensed Practical Nurse; P.O. Box 658, Wynantskill, NY 12198; Lic. No. 175598; Cal. No. 19620; Application to surrender license granted. Summary: Licensee admitted to charge of falsely documenting the withdrawal of controlled substances and taking a controlled substance without authorization.

    Tometa Castallano a/k/a Tometa Bonet a/k/a Tometa M. Gianvecchio; Licensed Practical Nurse; 129 Seneca Parkway, Rochester, NY 14613; Lic. No. 181507; Cal. No. 20480; Application to surrender license granted. Summary: Licensee admitted to charge of having been convicted of Grand Larceny in the Third Degree.

    Public Accountancy

    James M. Broten; Certified Public Accountant; 21 Front Street, Norwich, NY, 13815; Lic. No. 059344; Cal. No. 20476; Application to surrender license granted. Summary: Licensee admitted to charge of having been convicted of Conspiracy to Violate Federal Law.

    John Edmund Gruninger, Jr.; Certified Public Accountant; 3781 Woythal Drive, Camillus, NY 13031; Lic. No. 072461; Cal. No. 20483; Application to surrender license granted. Summary: Licensee admitted to charge of having been convicted of False Claims to the United States. 

    Social Work

    Kenneth W. Sewell; 1519 Spencer Avenue, Newbern, NC 28560; Lic. No. 041210; Cal. No. 20298; Application to surrender license granted. Summary: Licensee did not contest charge of submitting alcohol abuse evaluations that were not based on thorough examination.

  3. OTHER REGENTS DISCIPLINARY ACTIONS

Architecture

Jin Woo Jang; 77-A Powerhouse Road, Roslyn Heights, NY 11576; Lic. No. 023528; Cal. No. 17988; Application for consent order granted; Penalty agreed upon: Censure and Reprimand, probation 1 year, $1,500 fine.

Dentistry

Michael Mastromarino; 257A Warren Avenue, Fort Lee, NJ 07052; Lic. No. 044455; Cal. No. 20083; Application for consent order granted; Penalty agreed upon: 4 year suspension, satisfy continuing education requirments.

Kevin Edward Smith; 228 West 71st Street, New York, NY 10023; Lic. No. 040872; Cal. No. 20265; Application for consent order granted; Penalty agreed upon: 2 year suspension, execution of suspension stayed, probation 2 years, $2,500 fine.

Stephen Jay Roth; 29 Greenwich Court, Holbrook, NY 11741; Lic. No. 023726; Cal. No. 20294; Application for consent order granted; Penalty agreed upon: Censure and Reprimand, $1,000 fine.

Nursing

Nyrva Mt Bois Legagneur; Licensed Practical Nurse; 92-36 212th Place, Queens Village, NY 11428; Lic. No. 218562; Cal. No. 19121; Application for consent order granted; Penalty agreed upon: 24 month suspension, execution of last 21 months of suspension stayed, probation 2 years.

Magalie Israel; Licensed Practical Nurse; 15 Georgia Street, Valley Stream, NY 11528; Lic. No. 221339; Cal. No. 19222; Application for consent order granted; Penalty agreed upon: 24 month suspension, execution of last 20 months of suspension stayed, probation 2 years.

Yves B. Descorbeth; Licensed Practical Nurse, Registered Professional Nurse; 128-01 160th Street, Springfield Gardens, NY 11434; Lic. Nos. 238051, 503943; Cal. Nos. 19323, 20107; Applications for consent orders granted; Penalties agreed upon: Licensed Practical Nurse - 24 month suspension, execution of last 21 months of suspension stayed, probation 2 years; Registered Professional Nurse � Annulment of registered professional nurse license.

Janet L. Bode; Licensed Practical Nurse; 77 East 9th Street, Huntington Station, NY 11746; Lic. No. 193342; Cal. No. 19419; Application for consent order granted; Penalty agreed upon: 2 year suspension, execution of suspension stayed, probation 2 years, $250 fine.

John Robert Lash; Registered Professional Nurse; 108 Williams Street, Newark, NY 14513; Lic. No. 408264; Cal. No. 19660; Found guilty of professional misconduct; Penalty: 3 year suspension, execution of suspension stayed, probation 3 years.

Michelle M. St. Louis; Licensed Practical Nurse; 122 Raphael Avenue, Mattydale, NY 13211; Lic. No. 261967; Cal. No. 19828; Application for consent order granted; Penalty agreed upon: Censure and Reprimand, probation 1 year, $250 fine.

Sonia Carolyn-Annette Forde; Licensed Practical Nurse; 29 Jefferson Street, Poughkeepsie, NY 12601; Lic. No. 252629; Cal. No. 19861; Application for consent order granted; Penalty agreed upon: 1 year suspension, execution of last 11 months of suspension stayed, probation 1 year, 50 hours of public service, $500 fine.

Susan Lynn D�Amico; Licensed Practical Nurse, Registered Professional Nurse; 4755 Chestnut Ridge Road, Amherst, NY 14228-3339; Lic. Nos. 218034, 440262; Cal. Nos. 19892, 19891; Found guilty of professional misconduct; Penalty: Suspension, for at least 1 year, and until terminated as set forth in Regents Review Committee report � upon termination of suspension, probation 2 years, $500 fine.

Edward John Cuthbertson; Licensed Practical Nurse; 9130 Main Street, P.O. Box 46, West Bloomfield, NY 14585; Lic. No. 242705; Cal. No. 20008; Application for consent order granted; Penalty agreed upon: 1 year suspension, execution of suspension stayed, probation 1 year, $250 fine.

Deborah Zadorozny; Registered Professional Nurse; 120 Second Avenue, New York, NY 10003; Lic. No. 316050; Cal. No. 20085; Application for consent order granted; Penalty agreed upon: 2 year suspension, execution of suspension stayed, probation 2 years, $500 fine.

Loris Fay Vanhorne; Licensed Practical Nurse; 4316 Grace Avenue, Bronx, NY 10466; Lic. No. 172532; Cal. No. 20106; Application for consent order granted; Penalty agreed upon: Partial suspension in certain areas until terminated as set forth in consent order application � upon termination of suspension, probation 5 years.

Jeanne Eberle a/k/a Jeanne Waters-Eberle; Licensed Practical Nurse, Registered Professional Nurse; 89 Sherman Street, Lynbrook, NY 11563; Lic. Nos. 102429, 422969; Cal. Nos. 20131, 20130; Application for consent order granted; Penalty agreed upon: 24 month suspension, execution of last 23 months of suspension stayed, probation 2 years, $500 fine.

Gail Miller; Licensed Practical Nurse; P.O. Box 494, Amityville, NY 11701; Lic. No. 205398; Cal. No. 20154; Application for consent order granted; Penalty agreed upon: 2 year suspension, execution of suspension stayed, probation 2 years, $250 fine.

Marguerite L. Trombetta; Registered Professional Nurse; 44 Pell Place, Bronx, NY 10464; Lic. No. 326392; Cal. No. 20187; Application for consent order granted; Penalty agreed upon: 5 year suspension, execution of suspension stayed, probation 5 years, $2,500 fine.

Joanne M. Poore; Licensed Practical Nurse; 315 Clark Street Ogdensburg, NY 13669; Lic. No. 126330; Cal. No. 20228; Application for consent order granted; Penalty agreed upon: 2 year suspension, execution of suspension stayed, probation 2 years.

James David Murray; Licensed Practical Nurse; 29 Delaware Avenue, Bath, NY 14810; Lic. No. 242900; Cal. No. 20230; Application for consent order granted; Penalty agreed upon: Suspension for minimum of six months and until terminated as set forth in consent order application � upon termination of suspension, probation 2 years to commence upon return to practice, $750 fine.

Lueen Laufer; Licensed Practical Nurse; Route 315, Box 2522, Deansboro, NY 13328; Lic. No. 126306; Cal. No. 20255; Application for consent order granted; Penalty agreed upon: 1 year suspension, execution of suspension stayed, probation 1 year, $250 fine.

Deborah Ann Szafranski; Licensed Practical Nurse; 277 Cable Street, Buffalo, NY 14206; Lic. No. 187250; Cal. No. 20258; Application for consent order granted; Penalty agreed upon: Suspension for minimum of three months and until terminated as set forth in consent order application � upon termination of suspension, probation 2 years to commence upon return to practice, $500 fine.

Joshua John Zenger; Licensed Practical Nurse; 34 Algonquin Avenue, Saranac Lake, NY 12983; Lic. No. 237232; Cal. No. 20262; Application for consent order granted; Penalty agreed upon: 2 year suspension, execution of last 21 months of suspension stayed, probation 2 years to commence upon return to practice, $250 fine.

Occupational Therapy

Marcella A. Nolan; 209 Hancock Street, Ithaca, NY 14850; Lic. No. 001021; Cal. No. 19918; Application for consent order granted; Penalty agreed upon: Suspension for no less than 3 months and until terminated as set forth in consent order application � upon termination of suspension, probation 2 years to commence upon return to practice, $500 fine.

Pharmacy

Thomas Anthony Randazzo; 301 North Richmond Avenue, North Massapequa, NY 11758; Lic. No. 040768; Cal. No. 19665; Found guilty of professional misconduct; Penalty: 2 year suspension, execution of last year of suspension stayed, probation 2 years, 100 hours of public service.

John Santiago; 3420 79th Street, Jackson Heights, NY 11372; Lic. No. 025054; Cal. No. 20086; Application for consent order granted; Penalty agreed upon: 24 month suspension, execution of last 21 months of suspension stayed, probation 24 months, $1,000 fine.

Superior Pharmacy, Inc.; 78-14 Roosevelt Avenue, Jackson Heights, NY 11372; Reg. No. 023066; Cal. No. 20087; Application for consent order granted; Penalty agreed upon: 2 year suspension, execution of suspension stayed, probation 2 years, $5,000 fine.

Social Work

Elaine S. Vasilopoulos; 261-17 B Langston Avenue, Floral Park, NY 11004; Lic. No. 035455; Cal. No. 18749; Found guilty of professional misconduct; Penalty: Censure and Reprimand, probation 3 months.

Donald Donahoe; 99 Atlantic Avenue, West Sayville, NY 11796; Lic. No. 022477; Cal. No. 20259; Application for consent order granted; Penalty agreed upon: Censure and Reprimand.

Veterinary Medicine

David Kenneth Trachtenberg; 5407 Arbor Road, Ontario, NY 14519; Lic. No. 006807; Cal. No. 20232; Application for consent order granted; Penalty agreed upon: 1 year suspension, execution of suspension stayed, probation 1 year, $2,500 fine.