NYSED Seal

 

 

 

 

 

                            SUMMARY OF THE MAY MEETING

 

                                OF THE BOARD OF REGENTS

 

                                                     OF

 

                THE UNIVERSITY OF THE STATE OF NEW YORK

 

 

 

 

 

 

 

                         Held at the State Education Building

Albany, New York

 

 

                                      May 16 and 17, 2005

 

 

 

 

 

 

                                             David Johnson, Secretary

                                                    Board of Regents


 

THE BOARD OF REGENTS

 

          The Board of Regents of The University of the State of New York held a public session on Monday, May 16 at 10:00 a.m., and Tuesday, May 17 at 11:45 a.m., pursuant to a call duly sent to each Regent.

 

MEETING OF THE FULL BOARD, Monday, May 16, 10:00 a.m.

 

Board Members in Attendance:

 

Robert M. Bennett, Chancellor

Adelaide L. Sanford, Vice Chancellor

Saul B. Cohen

James C. Dawson

Anthony S. Bottar

Merryl H. Tisch

Geraldine D. Chapey

Arnold B. Gardner

Harry Phillips, 3rd

Lorraine Cortés-Vázquez

James R. Tallon, Jr.

John Brademas

Roger B. Tilles

 

 

          Also present were the President of The University and Commissioner of Education, Richard P. Mills, Chief of Staff and Counsel and Deputy Commissioner for Legal Affairs, Kathy A. Ahearn, and the Secretary, Board of Regents, David Johnson.  Regents Joseph E. Bowman, Jr., Milton L. Cofield and Carol Bellamy were absent and excused.

 

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

 

 

ACTION ITEMS

 

Executive Session Motion

 

          MOVED, that the Board of Regents convene in Executive Session on Tuesday, May 17 at 9:00 a.m. for the purpose of discussing a personnel matter.

 

          Motion by:             Vice Chancellor Adelaide L. Sanford

          Seconded by:        Regent James C. Dawson

          Action:                   Motion carried unanimously

 

 

         

Summary of the April 2005 Meeting

BR (A) 2

 

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

 

          Motion by:             Regent James R. Tallon, Jr.

          Seconded by:        Regent James C. Dawson

          Action:                   Motion carried unanimously

 

 

State Education Department April 2005 Fiscal Report

BR (A) 4

 

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

 

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

 

          MOVED, that the Board of Regents accept the April 2005 State Education Department Fiscal Report as presented.

 

          Motion by:             Regent Anthony S. Bottar

          Seconded by:        Regent Geraldine D. Chapey

          Action:                   Motion carried unanimously

 

 

NASBE Election

(Uncoded)

 

          The Board received background information on candidates seeking election to the offices of President-Elect, Secretary-Treasurer and Northeastern Area Director for the 2006 NASBE Board of Directors.

 

          MOVED, that the Board of Regents cast a ballot for Ms. Jennifer Stewart, a member of the Ohio State Board of Education, for the Office of President-Elect of NASBE; and

 

          MOVED, that the Board of Regents cast a ballot for Mr. Robert Lazard, a member of the Indiana State Board of Education, for the Office of Secretary-Treasurer; and,

 

          MOVED, that the Board of Regents cast a ballot for Ms. Maud Dahme, a member of the New Jersey Board of Education, for the Office of Northeastern Area Director.

 

 

          Motion by:             Regent James C. Dawson

          Seconded by:        Regent Saul B. Cohen

          Action:                   Motion carried unanimously

 

         

DISCUSSION ITEMS

 

Commissioner’s Report to the Board

 

          The Commissioner began his presentation with an overview of issues involving the School for the Blind at Batavia.  The written report focused on twelve subject areas:  VESID’s “Designing Our Future”; More Results—Individuals with Disabilities; Graduation Standards—Debate Continues; 136 High Schools; Statewide Plan for Higher Education—From Plan to Execution; State Aid Still Needs Reform; Regents Advisory Council on Libraries; Archives Partnership Trust; Regents Policy on Parent Partnerships; Educational Leadership Certificates; Proposed Format for Regents Meetings; and, Report on Roosevelt School District.

 

          In discussion, Board members comments were directed principally on the School for the Blind at Batavia; are there concerns regarding effective program monitoring at any additional Special Act Schools; and, a request for the establishment of a timetable for a report on an analysis of the status of each of these schools.

         

Report on Roosevelt Union Free School District

BR (D) 1

 

          Mr. Ronald Ross, Superintendent of Schools, presented a report on the educational progress of the Roosevelt Union Free School District, focusing on significant accomplishments over the past twelve months and planned activities for the next twelve months.

 

          In discussion, Board members questioned the Superintendent on the fiscal impact of a proposed charter school on the district, requested an academic achievement comparison of the Roosevelt Elementary School and other elementary schools in Nassau County and sought comments on the relationship between disciplinary problems in the district and its impact on the graduation rate.

 



 


 

MISCELLANEOUS

 

Resolution in Memory of Regent Emeritus Kenneth B. Clark

 

          Vice Chancellor Adelaide L. Sanford presented a Resolution in memory of Regent Emeritus Kenneth B. Clark in recognition of his lifelong devotion to improving the education of African-American children in the United States.  The Resolution is attached as Appendix III.

 

 

 

MEETING OF THE FULL BOARD, Tuesday, May 17, 11:45 a.m.

 

Board Members in Attendance:

 

Robert M. Bennett, Chancellor

Adelaide L. Sanford, Vice Chancellor

Saul B. Cohen

James C. Dawson

Anthony S. Bottar

Merryl H. Tisch

Geraldine D. Chapey

Arnold B. Gardner

Harry Phillips, 3rd

Joseph E. Bowman, Jr.

Lorraine Cortés-Vázquez

James R. Tallon, Jr.

John Brademas

Roger B. Tilles

 

 

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

 

          Chancellor Bennett called the meeting to order at 11:45 a.m.

 

 


 

ACTION ITEMS

 

         

Appointment to the Position of Executive Secretary, State Board for Clinical Laboratory Technology

BR (A) 5

 

          MOVED, that the Board of Regents approve the appointment of Kathleen Doyle as Executive Secretary to the State Board for Clinical Laboratory Technology, effective May 17, 2005.

 

          Motion by:             Regent Harry Phillips, 3rd

          Seconded by:        Regent Joseph E. Bowman, Jr.

          Action:                   Motion carried unanimously

 

 

Homeless Regulations

BR (A) 3

 

          The Board reviewed for a third emergency action a proposed amendment of Parts 275 and 276 and Section 100.2(x) of the Regulations of the Commissioner of Education.

 

          The proposed amendment was discussed and adopted as an emergency measure at the January 2005 Regents meeting, effective January 18, 2005.  A second emergency adoption was taken at the March meeting, effective April 12, 2005.  The proposed amendment has been revised in response to public comment and is being proposed for adoption as an emergency measure, effective May 24, 2005, to ensure that the amendment remains continuously in effect until the effective date of its permanent adoption, scheduled for action at the June 20-21 meeting.

 

          MOVED, that Parts 275 and 276 and paragraph (7) of subdivision (x) of section 100.2 of the Regulations of the Commissioner of Education be amended as submitted, effective as an emergency action upon a finding by the Board of Regents that such action is necessary for the preservation of the general welfare to ensure that the rule adopted at the January 10-11, 2005 meeting of the Board of Regents remains continuously in effect until the effective date of its adoption as a permanent rule, and thereby ensure the rights of homeless individuals consistent with Federal statutes and ensure compliance with requirements for receipt of Federal funds.

 

          Motion by:             Regent Joseph E. Bowman, Jr.

          Seconded by:        Regent James C. Dawson

          Action:                   Motion carried unanimously

 

 

DISCUSSION ITEM

 

Results for Individuals with Disabilities

BR (D) 2

 

          The Board received a report on the results for students with disabilities for the 2003-04 school year, including those students enrolled in institutions of higher education, and results of the vocational rehabilitation system in preparing and placing individuals with disabilities into employment.

 

          In discussion following the presentation, Board members questioned whether data by district was available for the New York State English as a Second Language Achievement Test (NYSESLAT) and requested information on numbers of students identified by category of disability in reviewing casual factors in the overrepresentation of classified minorities.

 

 

STANDING COMMITTEE REPORTS

 

 

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

 

          Motion by:             Regent Joseph E. Bowman, Jr.

          Seconded by:        Regent Saul B. Cohen

          Action:                   Motion carried unanimously

 

 

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

 

          Your EMSC-VESID Committee held its scheduled meeting on May 16, 2005.  All members were present.

 

ACTION ITEMS

 

Charter Applications

 

·       Your Committee recommends approval of the charter applications relating to elementary, middle, secondary and continuing education.  [BR (A) 1; EMSC-VESID (A) 3]

 


 

Regulations

 

·       Your Committee recommends that subdivision (t) of section 100.1 of the Commissioner's Regulations relating to State learning standards for mathematics be amended as submitted, effective June 9, 2005.  [EMSC-VESID (A) 1]

 

·       Your Committee recommends that section 125.1 of the Commissioner's Regulations relating to voluntary registration of nonpublic nursery schools and kindergartens be amended as submitted, effective June 9, 2005.  [EMSC-VESID (A) 4]

 

The vote was 5 yes and 1 no (Regent Tisch).

 

·       Your Committee recommends that sections 100.3, 100.4 and 80-5.12 of the Commissioner's Regulations be amended as submitted, effective May 24, 2005, as an emergency action upon a finding by the Board of Regents that such action is necessary for the preservation of the general welfare in order to immediately establish criteria for middle-level education program models, consistent with Regents policy, to ensure sufficient time for districts with eligible low-performing schools and eligible new or high-performing schools to prepare and submit Model B, C1, or C2 applications, for the Department to review and act on the applications, and for the districts to make the necessary programmatic adjustments to begin implementing their approved programs in the 2005-06 school year.  [EMSC-VESID (A) 8]

 

Appointments

 

·       Your Committee recommends that the following individuals be appointed to fill vacancies on the New York State School for the Deaf Board of Visitors:  Thomas Reynolds be reappointed to serve a five- year term ending June 30, 2010; and Dennis Brady, James Perry, Joseph DeFina, Donna Jenkins, Donald Starks, Patricia Johnson, Deborah Weiss and Patricia Slaski be appointed to each serve a five-year term ending June 30, 2010.  [EMSC-VESID (A) 2]

 

Charter Schools

 

Revisions to Existing Charters

 

·       Your Committee recommends approval of the recommendation to amend the charter of the City Collegiate Charter School, New York City, to allow the School to change its name to Williamsburg Collegiate Charter School.  [EMSC-VESID (A) 5]

 

·       Your Committee recommends that the proposed amendment to the charter of the Enterprise Charter School be returned to the Buffalo Board of Education so that the appropriate modifications can be made prior to its re-submission.  [EMSC-VESID (A) 5]

 

·       Your Committee recommends approval of the recommendation to amend the charter of the Family Academy Charter School, New York City, to allow it to delay by one year the date of commencement of instruction  [EMSC-VESID (A) 5]

 

·       Your Committee recommends approval of the recommendation to amend the charter of the Sisulu Children’s Academy-Harlem Charter Public School, New York City, to allow the School to change its name to the Sisulu-Walker Charter School of Harlem.  [EMSC-VESID (A) 5]

 

New Application

 

·       Your Committee recommends approval of the proposed charter for the South Bronx Charter School for International Cultures and the Arts, Bronx.  [EMSC-VESID (A) 6]

 

Renewal of Existing Charters

 

·       Your Committee recommends approval of the recommendation to renew the charter of the Amber Charter School, New York City, for a period of five years.  [EMSC-VESID (A) 7]

 

·       Your Committee recommends approval of the recommendation to renew the charter of the Bronx Preparatory Charter School, New York City, for a period of five years.  [EMSC-VESID (A) 7]

 

·       Your Committee recommends that the application to renew the charter of the Child Development Center of the Hamptons Charter School, Wainscott, for a period of five years, be returned to the SUNY Board of Trustees with a suggestion that the renewal be revised to extend for no more than three years.  [EMSC-VESID (A) 7]

 

·       Your Committee recommends approval of the recommendation to renew the charter of the Community Partnership Charter School, New York City, for a period of two years, and that instruction be limited to grades kindergarten through five with a maximum enrollment of 570 students.  [EMSC-VESID (A) 7]

 

Regent Tisch asked for data on the percent of special education students in this school.

 

·       Your Committee recommends that the application to renew the charter of the Eugenio Maria de Hostos Charter School, Rochester, for a period of five years, be returned to the SUNY Board of Trustees with a suggestion that the renewal be revised to extend for no more than three years.  [EMSC-VESID (A) 7]

 

·       Your Committee recommends approval of the recommendation to renew the charter of the Harbor Science and Arts Charter School, New York City, for a period of two years.  [EMSC-VESID (A) 7]

 

·       Your Committee recommends approval of the recommendation to renew the charter of the King Center Charter School, Buffalo, for a period of two years.  [EMSC-VESID (A) 7]

 

·       Your Committee recommends approval of the recommendation to renew the charter of the KIPP Academy Charter School, New York City, for a period of five years.  [EMSC-VESID (A) 7]

 

·       Your Committee recommends approval of the recommendation to renew the charter of the Merrick Academy-Queens Public Charter School, New York City, for a period of five years, limiting the School's authority to provide instruction to grades kindergarten through five, with a maximum attendance of 570.  [EMSC-VESID (A) 7]

 

·       Your Committee recommends approval of the recommendation to renew the charter of The Renaissance Charter School, New York City, for a period of five years.  [EMSC-VESID (A) 7]

 

·       Your Committee recommends that the application to renew the charter of the Roosevelt Children’s Academy Charter School, Roosevelt, for a period of five years, be returned to the SUNY Board of Trustees recommending that it abandon the renewal application.  [EMSC-VESID (A) 7]

 

The vote was 4 yes and 2 no (Regents Tallon and Bowman).

 

·       Your Committee recommends approval of the recommendation to renew the charter of the South Buffalo Charter School, Buffalo, for a period of five years.  [EMSC-VESID (A) 7]

 

The Committee took no action on the resubmitted proposal from the SUNY Board of Trustees to renew the charter of the International Charter School of Schenectady, for a period of two years.  [EMSC-VESID (A) 7]

 

Staff was asked to provide the Committee with the standards for management and institutional partners for charter schools.

 

MOTION FOR ACTION BY FULL BOARD

 

          Mr. Chancellor and Members of the Board:  Your EMSC-VESID Committee recommends, and I move, that the Board of Regents act affirmatively upon each of the recommendations set forth in the written report of the deliberations of the Committee at its meeting on May 16, 2005, copies of which have been distributed to each Regent.

 


 

MATTERS NOT REQUIRING BOARD ACTION

 

Proposed amendment to Section 100.2(p) of the Commissioner's Regulations relating to the registration of schools and school/district accountability  [EMSC-VESID (D) 1]

 

          The proposed amendment will be before the Committee for approval in June.

 

Designing Our Future--Vocational Rehabilitation Service Delivery System  [EMSC-VESID (D) 2]

 

Staff will come back in December with preliminary policy recommendations for discussion by the Committee.

 

High school completion initiative  [EMSC-VESID (D) 3]

 

The Committee raised the following issues:  identifying the middle-level feeder schools for the 136 high schools to determine their status and what services are provided to them; expanding the bullet on page 4 concerning ensuring all teachers are certified to also include accountability of schools for providing lab experiences and appropriate instructional material; and ensuring school leaders in the 136 high schools have access to national leaders in research-based school improvement strategies.  Staff was also asked to provide information on the school visits planned as part of the May 23-24 High School Completion Forum in New York City.

 

Proposal on graduation standard  [EMSC-VESID (D) 4]

 

There was a consensus of the Committee to proceed with taking action on the proposal at the June meeting.

 

Development of Regents family partnerships policy  [EMSC-VESID (D) 5]

 

The Committee asked staff to clarify the data provided on incarcerated youth and suggested that staff work with institutions of higher education to identify ways we can form partnerships in this area, i.e., schools of social welfare, training of teachers and administrators in working with today's changing family structures.

 

 

REGENTS COMMITTEE ON HIGHER EDUCATION AND PROFESSIONAL PRACTICE

 

          Your Higher Education and Professional Practice Committee held its scheduled meeting on May 16, 2005.   All members of the Committee were present, except Regent Arnold B. Gardner, who was present for the public session and excused for the executive session, and Regent Milton L. Cofield and Regent Merryl H. Tisch who were excused for both sessions.  Chancellor Robert M. Bennett and Regent Joseph E. Bowman, Jr. were also present during the public session.  Regent Roger B. Tilles was also present during both sessions, but did not vote in the executive session.

 

                                                     ACTION ITEMS

 

Professional Discipline Cases

 

          Your Committee recommends that the reports of the Regents Review Committees, including rulings, findings of fact, determinations as to guilt, and recommendations, by unanimous or majority vote, contained in those reports which have been distributed to you, be accepted in 6 cases, and modified in one case, as hereinafter set forth.  In addition, your Committee recommends, upon the recommendation of the Committee on the Professions, that 96 consent order applications and 17 surrender applications be granted.

 

          In the case of Trudy A. Ingerson, licensed practical nurse, under Calendar No. 20327, we recommend 1) that the recommendation of the Regents Review Committee to accept the determination as to guilt rendered by the hearing panel be modified, in that subparagraphs (e) and (f) of the specification charged be dismissed on the ground that the allegation in each of those subparagraphs that a non-controlled substance was ordered by a physician was not proven by a preponderance of the evidence and respondent is not guilty of those subparagraphs; 2) that, in view of the dismissal of subparagraph (e), involving patient M.A., and dismissal of subparagraph (f), involving patient E.G., findings of fact numbered 12 and 13, involving those patients, not be accepted and finding of fact numbered 11, referring to nurse practitioners, not be accepted as not within the scope of the charges under subparagraphs (e) and (f) which alleged orders by physicians; 3) that the recommendation of the Regents Review Committee as to the penalty to be imposed be accepted; 4) that the recommendation of the Regents Review Committee as to the terms of probation be accepted; and 5) that those terms of probation be set forth in one exhibit as Board of Regents Exhibit “A”, reflecting the terms of probation of the hearing panel as modified by the Regents Review Committee as to term numbered 4 of the hearing panel and also reflecting the additional term of probation recommended by the Regents Review Committee.

 

          These recommendations are made following the review of 120 cases involving 22 registered professional nurses, 19 licensed practical nurses, 18 licensed practical nurses who are also registered professional nurses, eight pharmacists, seven dentists, three certified public accountants, three pharmacies, two chiropractors, two licensed clinical social workers, two licensed master social workers, two massage therapists, two podiatrists, two psychologists, two veterinarians, one certified social worker, one dental professional corporation, one land surveyor, one occupational therapist, one optometrist, one physical therapist, one professional engineer, and one veterinary technician.

 

Consent Agenda Items

 

Your Committee recommends that Harris Dinkoff be appointed to the State Professional Standards and Practices Board for Teaching for an unexpired term beginning May 17, 2005, and ending June 30, 2005, and for an additional full term for the period July 1, 2005, through June 30, 2009.   [HE & PP (CA) 1]

 

Your Committee recommends that the master plan of the State University of New York College of Technology at Canton be amended authorizing it to offer an interinstitutional program in Dental Hygiene on the campus of Onondaga Community College, effective May 17, 2005, until May 31, 2006, unless the Department registers the program prior to that date, in which case master plan amendment shall be without term.  [HE & PP (CA) 2]

         

Your Committee recommends that the Regents approve the following appointments and reappointments to the State Boards for the Professions:  [HE & PP (CA) 3]

 

State Board for Podiatry – reappoint Robert G. Simon (Pelham) for a term commencing May 1, 2005, and expiring April 30, 2010

 

State Board for Physical Therapy – reappoint James Rauh (Saugerties) for a term commencing July 1, 2005, and expiring June 30, 2010

 

State Board of Midwifery – appoint Karen Johnson Feltham (Guilford) for a term commencing May 17, 2005, and expiring April 30, 2010

 

State Board for Chiropractic – appoint Michelle Lester (Dix Hills) for a term commencing May 1, 2005, and expiring April 30, 2010

 

Your Committee also recommends that the Regents approve the following appointments of extended members to the State Boards for the Professions for service on licensure disciplinary and/or licensure restoration and moral character panels and reappointments to the Board for Professional Medical Conduct [HE & PP (CA) 3]

 

State Board for Social Work – reappoint Kenneth Skinner (Albany) as an extended member, for a term commencing May 1, 2005, and expiring April 30, 2010

 

Board for Professional Medical Conduct – reappoint Laurence Braunstein (Beechhurst), Patrick Carone (Massapequa), Walter Frakas (Melville), Claudia Gabriel (Manlius), Mohammad Ghazi-Moghadam (Amsterdam), Gail Homick (Auburn), Ralph Levy (Melville), Randolph Manning (Poquott), James Milstein (Slingerlands), Michael Walker (Rochester) and Robert Bruce Bergmann (Massapequa) each for a term commencing July 1, 2005, and expiring June 30, 2008

 

State Board for Engineering and Land Surveying – reappoint Eugene Montgomery (Woodbury) as an extended member, for a term commencing March 7, 2005, and expiring March 6, 2010

 

Your Committee recommends that the Regents authorize The City University of New York (CUNY) Trustees to confer the degree of Doctor of Audiology (Au.D.) at the CUNY Graduate School and University Center, effective May 17, 2005. [HE & PP (CA) 4]

 

Your Committee recommends that the Regents approve the amendment to Section 80-2.3(f) of the Regulations of the Commissioner of Education that updates regulations governing certified school social workers, effective June 9, 2005.  [HE & PP (CA) 5]

 

Your Committee recommends that the Regents approve the master plan for Villa Maria College to authorize the institution to offer a Bachelor of Fine Arts (B.F.A.) program in Interior Design.  The amendment will be effective until May 31, 2006, unless the Department registers the program prior to that date, in which case master plan amendment shall be without term. [HE & PP (CA) 6]

 

Your Committee recommends that the Regents approve the recommendations of the Committee on the Professions regarding Licensing Petitions.  [HE & PP (CA) 7]

 

Your Committee recommends that the Regents approve the application from Brooklyn Institute of Massage Therapy, Inc. to offer a licensure-qualifying program in massage therapy and continuing education courses to licensed massage therapists.  [HE & PP (CA) 8]

 

Your Committee recommends that the Regents approve an amendment to the absolute charter of Molloy College authorizing it to confer the degree of Bachelor of Science (B.S.W.); and to the absolute charter of Villa Maria College of Buffalo authorizing it to confer the degree of Bachelor of Fine Arts (B.F.A.)  [BR (A) 1]

 

ACTION ITEMS

 

          Your Committee recommends that the Regents approve the amendments to section 29.2 of the Rules of the Board of Regents and sections 29.15 and 29.16 of the Rules of the Board of Regents, effective June 9, 2005.  These amendments establish definitions of unprofessional conduct in the practice of the licensed professions of licensed master social work, licensed clinical social work, creative arts therapy, marriage and family therapy, mental health counseling, and psychoanalysis.  [HE & PP (A) 1]

 

          Your Committee recommends that the Regents renew Globe Institute of Technology’s institutional accreditation with condition, effective May 17, 2005, for a period beginning immediately and ending on May 16, 2008 and that the recommendation of the Regents Advisory Council be amended to require Globe to report back to the Department by May 16, 2006 what steps they have taken to strengthen the Business faculty.  It was further recommended that Globe consider adding two full-time faculty with doctorates to the Business Department in accounting and/or business management.  HE & PP (A) 2]

                             

MATTERS NOT REQUIRING BOARD ACTION

 

Your Committee discussed several topics of interest, including:  

 

Regulations relating to requirements for provisional certification in school psychology and to interim bilingual extension certificates [HE & PP (D) 1]

 

The Committee discussed proposed regulations that would establish an expedited pathway for licensed psychologists who have demonstrated proficiency in a language other than English to obtain the first level certificate necessary to work as a school psychologist. The amendment would also establish an interim bilingual extension in school psychology, speech and language disabilities, and teaching the speech and hearing-handicapped.

 

Regulations regarding a fee for photo identification cards for licensed professionals [HE & PP (D) 2]

 

The Committee discussed a proposed amendment that would allow the Department to charge a fee up to $35 for photo identification cards that will be available to licensed professionals who choose to obtain one.  The use of such cards would enable a licensed professional to properly identify themselves in times of crises and provide them a convenient means of identifying themselves to clients and prospective employers.

 

Report on the Statewide Plan for Higher Education  [HE & PP (D) 3]

 

The Committee discussed staff recommendations based on testimony presented at the three public hearings on the Regents Statewide Plan for Higher Education.  The Committee commented on the staff recommendations and made additional recommendations.  Staff will modify the Plan to reflect those changes.  The final plan will be brought back in June for action.

 

Report on Institutional Accreditation by the Board of Regents [HE & PP (D) 4]

 

The Committee received an update on accreditation standards, policies, procedures, and activities, as required by the U.S. Department of Education.

 

Educational Leadership Certification Regulations [HE & PP (D) 5]

 

The Committee discussed preliminary draft regulations that would amend Part 80 of Commissioner’s Regulations to establish new names for the certificate titles in educational leadership service.  The proposal would also establish new education, examination and experience requirements for candidates to qualify for certification as a School Building Leader, School District Leader and School District Business Leader.  We anticipate having further discussions on this preliminary draft regulation during our meetings in June and September.  We also anticipate refining the proposal based on discussions with the field before submitting the proposal to the full Board of Regents for action this fall.  Under the proposal, the new educational leadership certificate titles and certification requirements would become effective in September 2006.

 

                                  MOTION FOR ACTION BY FULL BOARD

 

          Mr. Chancellor and Colleagues:  Your Higher Education and Professional Practice Committee recommends, and I move, that the Board of Regents act affirmatively upon each recommendation in the written report of the Committee's deliberations at its meeting on May 16, 2005, copies of which have been distributed to each Regent.

 

 

REGENTS COMMITTEE ON QUALITY

 

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

 

Your Committee on Quality held its scheduled meeting on May 17, 2005.  Chancellor Bennett, Vice Chancellor Sanford, and Regents Cortés-Vázquez and Bowman were present.  Regents Brademas, Chapey, Gardner, Phillips, Tilles, and Tisch also attended.  Commissioner Mills was present. 

 

MATTERS NOT REQUIRING BOARD ACTION

 

Your Committee discussed the proposal to revise the format of the monthly Regents meetings that was developed based on the results of the survey conducted by the Committee Chair.  This proposal provided for more committee time, concurrent committee meetings, time for meetings with constituents, one regional meeting, and ten meetings per year.

 

Committee members were supportive of the intent of this proposal, but expressed reservations about the proposed concurrent scheduling of the EMSC/VESID and the HE committees and the timing of the regional meeting, which is slated for April in the proposal.

 

The Committee decided that this issue warranted further discussion.  A revised proposal reflecting today’s conversation will be developed for consideration at next month’s Quality Committee meeting.

 

 


 

REGENTS COMMITTEE ON CULTURAL EDUCATION

 

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

 

          Your Committee on Cultural Education had its scheduled meeting on May 17, 2005 in Room 146 of the State Education Building.  Regents Dawson, Phillips, Tallon, Brademas, Bowman, Tisch, Chapey, Cortes-Vazquez, Cohen, Tilles, Gardner and Vice Chancellor Sanford were in attendance.

 

ACTION ITEMS

 

          Your Committee recommends approval of the Charter applications relating to cultural education [BR (A) 1].

 

ITEMS NOT REQUIRING ACTION

 

Regent Dawson began with a short description of the Regents Advisory Council and funding history for libraries.  Janet Welch, State Librarian and Assistant Commissioner for Libraries introduced Irving Toliver, Director, Human Services of the Town of Huntington.  Mr. Toliver updated the Board on Council activities and made recommendations for implementing library programs and initiatives.

 

Regent Cohen asked about the adoption of school libraries by public libraries.  Regent Dawson suggested initiating a study of the alignment between school and public libraries.  Regent Gardner echoed that support from the library community has been tremendous.  Mrs. Huxley suggested the need to translate this information to support at the State level.

 

Mrs. Huxley made brief comments about the tenure of Regent Kenneth Clark as former Chair of CE Committee in memoriam.

 

Chris Ward, State Archivist and Assistant Commissioner for the Archives introduced John Hanna, partner in the law firm of Whiteman, Osterman and Hanna and Chair of the Trust Board.  Mr. Hanna provided a brief overview of the Trust, its current priorities and fundraising efforts and its applicability as a model for private fundraising.  Mr. Hanna spoke of an educational program, which features a teacher-in-residence as well as the new “state of the art” learning center on the 11th floor of the CEC.

 

Mrs. Huxley commented on a funding proposal that the Regents will consider in the fall for the Archives Partnership Trust and Documentary Heritage Program.

 

Regent Dawson said this is first time we had joint meeting of the Trust and Regents Advisory Council and sees this as a positive move for future meetings. 

 

Mr. Hanna thanked the Board for their continued support, especially Regents Tallon, Gardner and Cohen.

 

 


 

APPENDIX I

NEW YORK STATE BOARD OF REGENTS

CHARTER ACTIONS

 

HAMLIN PUBLIC LIBRARY.  An application having been made by and on behalf of the trustees of Hamlin Public Library, for its provisional charter to be made absolute, and it appearing to the satisfaction of the Regents that the conditions for an absolute charter have been met, it was

          Voted, that the provisional charter of the Hamlin Public Library, located in Hamlin, county of Monroe, state of New York, which was granted by action of the Board of Regents on February 8, 2000 be, and the same hereby is, made absolute.

 

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

          Voted, that the provisional charter of Allegany Public Library, located in Allegany, county of Cattaraugus, state of New York, which was granted by action of the Board of Regents on June 25, 1965; which provisional charter was made absolute by Regents action on September 25, 1970 and the same hereby is, amended to specify that the chartered service area is the Village of Allegany, and to add the following language:

“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 part of the net earning of the corporation shall inure to the benefit of any member, trustee, director, officer of the corporation, or any private individual (except that reasonable compensation may be paid for services rendered to or for the corporation), and no member, trustee, officer of the corporation or any private individual shall be entitled to share in the distribution of any of the corporate assets upon dissolution of the corporation.

No substantial part of the activities of the corporation shall be 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.”

 

ASHVILLE FREE LIBRARY. An application having been made by and on behalf of the trustees of Ashville Free Library, for an amendment of its charter, it was

          Voted, that the provisional charter of Ashville Free Library, located in North Harmony, county of Chautauqua, state of New York which granted by action of the Board of Regents on February 26, 1914; which provisional charter was extended by Regents action on February 21, 1941 and December 20, 1946; which provisional charter was made absolute by Regents action on April 27, 1951 and the same hereby is, amended to delete service to School District Number three and specify that the chartered service area as the town of North Harmony, and to add the following language:

“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 part of the net earning of the corporation shall inure to the benefit of any member, trustee, director, officer of the corporation, or any private individual (except that reasonable compensation may be paid for services rendered to or for the corporation), and no member, trustee, officer of the corporation or any private individual shall be entitled to share in the distribution of any of the corporate assets upon dissolution of the corporation.

No substantial part of the activities of the corporation shall be 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.”

 

CRAGSMOOR FREE LIBRARY. An application having been made by and on behalf of the trustees of Cragsmoor Free Library, for an amendment of its charter, it was

          Voted, that the provisional charter of Cragsmoor Free Library located in Cragsmoor, county of Ulster, state of New York, which was granted by action of the Board of Regents on December 2, 1915; which provisional charter was extended by Regents action on November 19, 1943; which provisional charter was made absolute by Regents action on January 28, 1949 and  last amended on July 23, 1985 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 representative of the corporation upon whom process may be served, and to add the following language:

“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 part of the net earning of the corporation shall inure to the benefit of any member, trustee, director, officer of the corporation, or any private individual (except that reasonable compensation may be paid for services rendered to or for the corporation), and no member, trustee, officer of the corporation or any private individual shall be entitled to share in the distribution of any of the corporate assets upon dissolution of the corporation.

No substantial part of the activities of the corporation shall be 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.”

 

GORHAM FREE LIBRARY. An application having been made by and on behalf of the trustees of Gorham Free Library, for an amendment of its charter, it was

          Voted, that the provisional charter of Gorham Free Library, located in Gorham, county of Ontario, state of New York, which was granted by action of the Board of Regents on February 26, 1914; which provisional charter was extended by Regents action on June 16, 1945, December 15, 1950, May 27, 1955 and June 24, 1960; which provisional charter was made absolute by Regents action on June 26, 1970; which absolute charter was amended by Regents action on September 15, 1995 and the same hereby is, amended to delete the service to the Marcus Whitman School District and to  specify that the chartered service area as the towns of Gorham and Seneca, Ontario County.

 

HARTSVILLE HISTORICAL SOCIETY.  An application having been made by and on behalf of the trustees of Hartsville Historical Society, for its charter to be amended, it was

          Voted, that the provisional charter of the Hartsville Historical Society, located in Call Hill, county of Steuben, state of New York, which was granted by action of the Board of Regents under the corporate name “Hartsville Historical Society” on November 18, 1983; which provisional charter was made absolute by Regents action on May 22, 1987 be, and the same hereby is, amended to change the corporate name to “Call Homestead Museum.”

 

HEPBURN LIBRARY. An application having been made by and on behalf of the trustees of Hepburn Library, for an amendment of its charter, it was

          Voted, that the absolute charter of Hepburn Library located in Colton, county of St. Lawrence, state of New York, which was granted by action of the Board of Regents on August 29, 1912; which absolute charter was amended by Regents action on September 16, 1915 and May 28, 1923 be, and the same hereby is, amended to change the number of trustees from five to not less than five nor more than fifteen; to designate the Commissioner of Education as the representative of the corporation upon whom process may be served, and to add the following language:

“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 part of the net earning of the corporation shall inure to the benefit of any member, trustee, director, officer of the corporation, or any private individual (except that reasonable compensation may be paid for services rendered to or for the corporation), and no member, trustee, officer of the corporation or any private individual shall be entitled to share in the distribution of any of the corporate assets upon dissolution of the corporation.

No substantial part of the activities of the corporation shall be 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.”

 

KENNEDY FREE LIBRARY. An application having been made by and on behalf of the trustees of Kennedy Free Library, for an amendment of its charter, it was

          Voted, that the provisional charter of the Kennedy Free Library, located in Poland, county of Chautaugua, state of New York, which was granted by action of the Board of Regents on January 23, 1961; which provisional charter was extended by Regents action on April 29, 1966; and was made absolute by Regents action on December 5, 1970 be, and the same hereby is, amended to specify the chartered service area as to the town of Poland 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 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 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.

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.”

 

SCIO FREE LIBRARY. An application having been made by and on behalf of the trustees of Scio Free Library, for an amendment of its charter, it was

          Voted, that the provisional charter of the Scio Free Library, located in Scio, county of Allegany, state of New York, which was granted by action of the Board of Regents on April 26, 1906; and was made absolute by Regents action on December 7, 1911 and amended by Regents action on June 13, 2000 be, and the same hereby is, amended to change the corporate name to “Scio Memorial Library”; to increase the service area to the Scio Central School District; to designate the Commissioner of Education as the representative of the corporation upon whom process may be served, 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 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 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.

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.”

 

SUFFERN  FREE LIBRARY. An application having been made by and on behalf of the trustees of Suffern Free Library, for an amendment of its charter, it was

          Voted, that the provisional charter of the Suffern Free Library, located in Suffern, county of Rockland, state of New York, which was granted by action of the Board of Regents on June 24, 1926; which provisional charter was extended on June 20, 1947 and was made absolute by Regents action on September 19, 1947 be, and the same hereby is, amended to change the chartered service area from “Suffern and vicinity” to the “Ramapo Central School District” , 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 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 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.

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.”


 

THE THELMA ROGERS GENEALOGICAL AND HISTORICAL SOCIETY

An application having been made by and on behalf of the trustees of the Thelma Rogers Genealogical and Historical Society, for an amendment of its charter, it was

          Voted, that the provisional charter of the Thelma Rogers Genealogical and Historical Society located in Wellsville, county of Allegany, state of New York, which was granted by action of the Board of Regents on April 28, 1961; and which provisional charter was extended by Regents action on May 27, 1966; which provisional charter was made absolute by Regents action on June 27, 1969 be, and the same hereby is, amended to add the following language necessary to maintain tax-exempt status under Internal Revenue Code §501(c)(3):

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

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

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

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

 

WEST NYACK FREE LIBRARY. An application having been made by and on behalf of the trustees of West Nyack Free Library, for an amendment of its charter, it was

          Voted, that the provisional charter of West Nyack Free Library, located in West Nyack, county of Rockland, state of New York, which was granted by action of the Board of Regents on  October 30, 1959; which provisional charter was extended by Regents action on January 28, 1965; which provisional charter was made absolute by Regents action on March 2, 1979 and the same hereby is, amended to change the chartered service area from “West Nyack Library District-West Nyack portion of Clarkstown School District No. 1” to “the Census Designated  Places of West Nyack and Bardonia” 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 earnings or net income shall inure to the benefit of any member, trustee, director or officer of the corporation, or any private individual (except that reasonable compensation may be paid for services rendered to or for the corporation), and no member, trustee, director or officer of the corporation, or any private individual, shall be entitled to share in the distribution of any of the corporate assets upon dissolution of the corporation.

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

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

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

 

CARLOS LEZAMA ARCHIVES AND CARIBBEAN CULTURAL CENTER

          Voted, that

          1.       A provisional charter valid for a term of five years is granted incorporating Yolanda Lezama-Clark, Mercedes Rafaela Qualls, Herman Demetrius Smith, Sybil Chester, John Carl Smith, Michael Young Lao, Karen Lockworth and their associates and successors as an education corporation under the corporate name of Carlos Lezama Archives and Caribbean Cultural Center, located in Westbury, county of Nassau and state of New York.

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

a.       To maintain a gallery of art form that will include Carlos Lezama memorabilia costumes, musical steel pan and Caribbean folk dance.

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

c.       To function as a learning center that will provide information on aspects of the Caribbean culture.

d.               To involve neighborhood adults/elderly and youths in a lecture series on the history and development of Carnival in New York City, cultural art form of carnival mask making activities for masquerade, the turning of the steel pan for playing musical renditions and an introduction to Caribbean folk dance.

e.               To highlight Caribbean personalities who have contributed to the art form with a focus on Carlos Lezamas who started carnival in North America.

f.                To develop into a community based organization that which will provide additional information to benefit the Caribbean and other non-Caribbean communities.

          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:

 

Yolanda Lezama Clark

                                        457 Franklin Street

Suite 1

                                        Westbury, New York 11590

 

                    Mercedes Rafaela Qualls

                                        118-59 234th Street

                                        Cambria Heights, New York 11411

                                       

                                        Herman Demetrius Smith

                                        120-45 230th Street

                                        Cambria Heights, New York 11411

 

                                        Sybil Chester

                                        24 Hedgeway Court

                                        Hempstead, New York 11550

 

                                        John Carl Smith

                                        150-76 Goethals Avenue

                                        Briarwood, New York 11432

 

                                        Michael Young Lao

                                        457 Franklin Street

                                        Suite 2

                                        Westbury, New York 11590

 

                                        Karen Lockworth

                                        8 Johnson Place

                                        Hempstead, New York 11550

                                                           

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 1028 St. Johns Place, Brooklyn, New York 11213.  The mailing address will be 457 Franklin Street, Suite 1, Westbury, New York 11590.

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

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

 


 

THE HOMEVILLE  MUSEUM

          Voted, that

          1.       A provisional charter valid for a term of five years is granted incorporating Thomas M. Knobel, Joseph Cortese, Victor Siegle, John Steedle, Clay Benedict, Charles MacTavish, William Perks, Patrick O’Dell, Zachary Becker and their associates and successors as an education corporation under the corporate name of The Homeville Museum, located in Homer, county of Cortland and state of New York.

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

a.       To establish and maintain a history museum relating to transportation, military service, and political and social life, focused on the history of the Village of Homer, Cortland County and Central New York.

b.       To collect, own, hold, preserve and maintain appropriate historical artifacts for scheduled public viewing and tours.

c.       To arrange, create, maintain and promote appropriate historical displays and exhibits, incorporating local personal histories and relevant historical reference materials.

d.           To establish and maintain an historical research center and archives related to the          museum’s theme and collections; to make the research center and archives freely    available to scholars, researchers, and other visitors.

e.          To promote and support historical research and scholarship, issue regular newsletters, and organize historical and cultural activities, programs, and events for the public.

f.           To use the museum, collection, historical research center, and archives as a resource in support of education from the elementary to post-secondary levels, including studies related to museum development and management.

          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:

 

Thomas M. Knobel

                                        84 South Main Street

                                        Homer, New York 13077

 

                                        Joseph Cortese

                                        12 ½ Warren Street

                                        Homer, New York 13077

                                       

                                        Victor Siegle

                                        75 South Main Street

                                        Homer, New York 13077

 

                                        John Steedle

                                        P.O. Box 45

                                        Little York, New York 13087

                                       

                                        Clay Benedict

                                        42 Homer Avenue

                                        Cortland, New York 13045

 

                                        Charles MacTavish

                                        4549 Locust Avenue

                                        Homer, New York 13077

 

                                        William Perks

                                        7389 Cold Brook Road

                                        Homer, New York 13077

 

                                        Patrick O’Dell

                                        6001 Route 281

                                        Little York, New York 13087

 

                                        Zachary Becker

                                        2546 East River Road

                                        Cortland, New York 13045

                                                           

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 P.O. Box 133,Homer (Cortland County), New York 13077.

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

 

MANJIRO HISTORIC SHIP SOCIETY

          Voted, that

          1.       A provisional charter valid for a term of five years is granted incorporating Daniel Green, Melbourne Smith, Leslie Diver, Kenneth Green, Craig Libson and their associates and successors as an education corporation under the corporate name of Manjiro Historic Ship Society, located in the city, county, and state of New York.

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

a.       Build, operate and maintain a working replica of a nineteenth century New Bedford whaling ship.

b.       Maintain an interest in both countries’ maritime heritage as well as the link between Japan and the United States that was originally forged by sailors over the worlds’ oceans.

c.       Promote eco-tourism, sail training, oceanic research, public awareness and other United States-Japanese cross-cultural relations initiatives.

d.               Acquire, restore, preserve, maintain and/or contribute to the upkeep of appropriate historic real estate properties both in the United States and Japan for the purpose of historic preservation.

e.               Encourage the suitable marking of places of historic interest.

f.                Educate and otherwise inform the general public of the rich history of Japanese-United States relations and show how the two countries are intertwined historically, sponsor historical meetings, programs and exhibits, and issue publications in any format.

          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:

 

Daniel Green

                                        163 Redding Road

                                        Easton, CT 06612

 

                                        Melbourne Smith

                                        382 Wilett Drive

                                        Serverna Park, MD 21146

                                                                               

                                        Leslie Diver

                                        246 Atlantic Avenue

                                        Palm Beach, FL 33480

                                       

                                        Kenneth Green

                                        1656 Royal Fern Lane

                                        Orange Park, FL 32003

 

                                        Craig Libson

                                        5 Covent Place

                                        Hartsdale, New York 10530

                                                           

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 420 Lexington Avenue Suite 2160, New York, New York 10170.

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

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

 

THE SYLVIA WALD AND PO KIM ART GALLERY

          Voted, that

          1.       A provisional charter valid for a term of five years is granted incorporating Po Kim a/k/a Poe Kim, Sylvia Wald, Min Ja Kim, Chee Changboh, Walter M. Mathews and their associates and successors as an education corporation under the corporate name of The Sylvia Wald and Po Kim Art Gallery, located in the city, county, and state of New York.

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

a.       Permanently exhibit the artwork of Sylvia Wald and Po Kim;

b.       Collect, own, hold, maintain, preserve, and make available appropriate objects and artifacts.

c.          Periodically present cultural events that could include the work of other artists or small scale performances of music, dance or poetry; and

d.          Provide grants or scholarships to promoting artists and distributions to organizations that qualify as exempt organizations under section 501 (c)(3) of the Internal Revenue Code, or corresponding section of any future federal tax code.

          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:

 

Po Kim a/k/a Poe Kim

                                        417 Lafayette Street

                                        New York , New York  10003

 

                                        Sylvia Wald

                                        417 Lafayette Street

                                        New York , New York 10003

                                                                               

                                        Min Ja Kim

                                        24 Bond Street

                                        New York , New York 10012

                                       

                                        Chee Changboh

                                        4 Middle Hollow Road

                                        Lloyd Harbor, New York 11743

 

                                        Walters M. Mathews

                                        27 Midway Avenue

                                        Locust Valley, New York 11560

                                                           

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 417 Lafayette Street, New York, New York 10003.

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.


 

FRIENDS FOR LONG ISLAND’S HERITAGE.  An application having been made for approval of the judicial dissolution of the Friends for Long Island’s Heritage, and it appearing from the petition that all taxes payable by the corporation have been paid, it was

          Voted, that approval is hereby given to the judicial dissolution of the Friends for Long Island’s heritage, located in Muttontown, county of Nassau, State of New York, to which a provisional charter was granted by Regents action on January 24, 1964 under the corporate name “Friend’s of the Nassau County Historical Museum” and was made absolute on February 28,  1969  by Regents action, the absolute charter was amended on September 21, 1973 to change the corporate name to “Friends of the Nassau County Museum” and December 19, 1980 to change the corporate name to “Friends for Long Island’s Heritage”, and further amended  on January 19, 1982, January 18, 1983, September 21, 1984 and September 20, 1996.

 

PUBLIC LIBRARY SYSTEM DIRECTORS ORGANIZATION

          Voted, that

          1.       A certificate of incorporation is granted incorporating Joshua Cohen, Karen Creenan, Phil Ritter, Ristiina Wigg, Tom Alrutz, Jackie Thresher and their associates and successors as an education corporation under the corporate name of Public Library System Directors Organization, located in Poughkeepsie, county of Dutchess, state of New York.

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

a.       Serve our member libraries enabling them to improve their services and serve as a component of the statewide library network.

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:

                             

                              Joshua Cohen

Mid-Hudson Library System

103 Market Street

Poughkeepsie, New York 12601

 

Karen Creenan

Finger Lakes Library System

119 E. Greene Street

Ithaca, New York 14850

 

Phil Ritter

Upper Hudson Library System

28 Essex Street

Albany, New York 12206

 

Ristiina Wigg

30 Southern Tier Library System

9424 Scott Road

Painted  Post, New York 14870

 

Tom Alrutz

New York Public Library

455 Fifth Avenue

New York , New York 10016

 

Jackie Thresher

Nassau Library System

900 Jerusalem Avenue

Uniondale, New York 11553

 

          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 Mid-Hudson Library System, 103 Market Street, Poughkeepsie, New York 12601.

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

 

THE CHILDREN’S STOREFRONT.  An application having been made by and on behalf of the trustees of The Children’s Storefront, for an amendment of its charter, it was

          Voted, that the provisional charter of The Children’s Storefront located in the city, county, and state of New York, which was granted by action of the Board of Regents on October 16, 1992; and which corporation was consolidated by Regents action on October 16, 1992 with the Children’s Foundation Support Corporation; which provisional charter was amended by Regents action on June 14, 1996, and made absolute by Regents action on May 22, 1996 be, and the same hereby is, amended to increase the maximum number of trustees from twenty- five to thirty.

 

THE ABRAHAM LINCOLN SCHOOL. An application having been made by and on behalf of the trustees of The Abraham Lincoln School, for an amendment of its charter, it was

          Voted, that the provisional charter of The Abraham Lincoln School located in the city, county, and state of New York, which was granted by action of the Board of Regents on September 23, 1994, which provisional charter was amended and extended by Regents action on June 14, 1996 to add the operation of a nursery school known as “The Ark”, and amended and made absolute on November 9, 2001 be, and the same hereby is, amended to change the corporate name to “Philosophy Day School” and to specify that the nursery school will no longer be referred to as the “The Ark” but will operate under the new name “Philosophy Day School”.

 

AMERICAN TECHNICAL EDUCATION ASSOCIATION. An application having been made by and on behalf of the trustees of American Technical Education Association, for an amendment of its charter, it was

          Voted, that the absolute charter of American Technical Education Association located in Delmar, county of Albany, State of New York, which was granted by action of the Board of Regents on March 25, 1960; which absolute charter was amended by Regents action on August 24, 1960 be and the same hereby is, amended to change the corporate address to 1470 New Scotland Road, Slingerlands, New York 12159.

 

HARLEM EPISCOPAL SCHOOL.  An application having been made by and on behalf of the trustees of Harlem Episcopal School, for its provisional charter to be amended and, as so amended, extended, it was

          Voted, that the provisional charter of Harlem Episcopal School, located in the city, county, and state of New York, which was granted by action of the Board of Regents on July 21, 2004 be, and the same hereby is, amended to change the corporate address to 1330 Fifth Avenue, New York, New York 10026, and as so amended, extended until May 17, 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 May 17, 2006 and upon notice by the Regents, such provisional charter shall terminate and become void and shall be surrendered to the Regents.

 

MARY’S GRACE SCHOOL

          Voted, that

          1.       A provisional charter valid for a term of three years is granted incorporating Dr. Alan J. Barcomb, Mark J. Brudz, Mary Anne Fischer, Henry E. Moscicki, Jerome F. Pawlak and their associates and successors as an education corporation under the corporate name of Mary’s Grace School, located in Batavia, county of Genesee, state of New York.

          2.       The purposes for which such corporation is formed is to operate a pre-kindergarten through grade eight school.

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

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

                                        Dr. Alan J. Barcomb

                                        1 Dennis Drive

                                        Batavia, NY 14020  

                                       

                                        Mark J. Brudz

                                        20 Kingsbury Avenue

                                        Batavia, New York 14020

                                       

                                        Mary Anne Fischer

                                        455 East Center Street

                                        Medina, NY 14103

 

                                        Henry E. Moscicki

                                        7 Woodcrest Drive

                                        Batavia, NY 14020

 

                                        Jerome F. Pawlak

                                        320 East Avenue

                                        Albion, NY 14411

 

          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 Batavia First United Methodist Church, 8221 Lewiston Road, Batavia, New York 14020.

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.

 

MOTHER TERESA ACADEMY

          Voted, that

          1.       A provisional charter valid for a term of three years is granted incorporating Joyce F. Maddalone, Terrence L. Morris, Henry T. Maddalone, Jean Koehne, Ray Koehne and their associates and successors as an education corporation under the corporate name of Mother Teresa Academy, located in Clifton Park, county of Saratoga, state of New York.

          2.       The purposes for which such corporation is formed are to promote, fund, sponsor, organize, operate and otherwise advance a private elementary institution providing instruction in pre-kindergarten, kindergarten and grades One through Five which:

(1)   is dedicated to both the moral and academic development of their students; and

(2)   is loyal to the teaching authority of the Magisterium of the Roman Catholic Church with respect to all religious instruction offered by any such institution.

          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:                                                          

                                        Joyce F. Maddalone

                                        9 Judy Drive

                                        Glenville, NY 12302

                                       

                                        Terrence L. Morris

                                        27 Goode Street

                                        Burnt Hills, NY 12027

                                       

                                        Henry T. Maddalone

                                        9 Judy Drive

                                        Glenville, NY 12302

 

                                        Jean Koehne

                                        23 Imperial Lane

                                        Charlton, NY 12019

 

                                        Ray Koehne

                                        23 Imperial Lane

                                        Charlton, NY 12019

 

          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 906 Route 146A, Clifton Park, New York 12065.

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 BENJAMIN FRANKLIN DAY SCHOOL.  An application having been made by and on behalf of the trustees of The Benjamin Franklin Day School, for its provisional charter to be extended, it was

          Voted, that the provisional charter of The Benjamin Franklin Day School, located in Woodstock, county of Ulster, state of New York, which was granted by action of the Board of Regents on October 9, 2003 be, and the same hereby is, extended until May 17, 2008; and prior to that date, an application for the further extension of such provisional charter or for an absolute charter will be entertained by the Regents, but, in the event that such application is not made, then after May 17, 2008 and upon notice by the Regents, such provisional charter shall terminate and become void and shall be surrendered to the Regents.

 

CLAREMONT EDUCATIONAL CENTER.  An application having been made by and on behalf of the trustees of Claremont Educational Center, for its provisional charter to be amended and, as so amended, extended, it was

          Voted, that the provisional charter of Claremont Educational Center, located in Bronx, county of Bronx, state of New York, which was granted by action of the Board of Regents on November 9, 2001 be, and the same hereby is, amended to specify that the nursery school will serve children from two and one- half to five years of age and, as so amended, extended until May 17, 2008; and prior to that date, an application for the further extension of such provisional charter or for an absolute charter will be entertained by the Regents, but, in the event that such application is not made, then after May 17, 2008 and upon notice by the Regents, such provisional charter shall terminate and become void and shall be surrendered to the Regents.

 

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

          Voted, that the provisional charter of Molloy College, located in Rockville Centre, county of Nassau, and state of New York, which was granted by action of the Board of Regents on January 28, 1955, which provisional charter was made absolute by Regents action on January 28, 1960; and such charter having been amended on various occasions, the last amendment having been granted on June 17, 2003 be, and the same hereby is, amended to authorize the corporation to confer the Bachelor of Social Work (B.S.W.) degree.

 

VILLA MARIA COLLEGE OF BUFFALO.  An application having been made by and on behalf of the trustees of Villa Maria College of Buffalo, for an amendment of its charter, it was

          Voted, that the provisional charter of Villa Maria College of Buffalo, located in Buffalo, county of Erie, and state of New York, which was granted by action of the Board of Regents on September 29, 1961, which provisional charter was made absolute by Regents action on November 22, 1968; and such charter having been amended on various occasions, the last amendment having been granted on December 21, 1990 be, and the same hereby is, amended to authorize the corporation to confer the Bachelor of Fine Arts (B.F.A.) degree.

 


 

FLATBUSH CATHOLIC ACADEMY

          Voted, that

          1.       A provisional charter valid for a term of three years is granted incorporating Thomas J. Chadzutko, Rev. Msgr. James F. Spengler, Rev. Alfred P. Lopinto, Kevin M. Kearney, Richard J. Cea and their associates and successors as an education corporation under the corporate name of Flatbush Catholic Academy, located in Brooklyn, county and state of New York.

          2.       The purposes for which such corporation is formed is to operate and maintain:

a) a nursery school for preschool children from three to five years of age;

b) a universal pre-K program;

c) a kindergarten for children five years of age; and

d) a grade one through eight elementary school.

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

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

                                        Thomas J. Chadzutko

                                        310 Prospect Park West

                                        Brooklyn, NY 11201

                                       

                                        Rev. Msgr. James F. Spengler

                                        2530 Church Avenue

                                        Brooklyn, NY 11226

                                       

                                        Rev. Alfred P. Lopinto

                                        1281 Troy Avenue

                                        Brooklyn, NY 11203

 

                                        Kevin M. Kearney

                                        32 Court Street

                                        Brooklyn, NY 11201

 

                                        Richard J. Cea

                                        32 Court Street

                                        Brooklyn, NY 11201

 

          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 2520 Church Avenue, Brooklyn, New York 11226.

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.

 

MIDWOOD CATHOLIC ACADEMY

          Voted, that

          1.       A provisional charter valid for a term of three years is granted incorporating Thomas J. Chadzutko, Rev. Thomas V. Doyle, Rev. Anthony M. Rucando, Kevin M. Kearney, Richard J. Cea and their associates and successors as an education corporation under the corporate name of Midwood Catholic Academy, located in Brooklyn, county and state of New York.

          2.       The purposes for which such corporation is formed is to operate and maintain:

a) a nursery school for preschool children from three to five years of age;

b) a universal pre-K program;

c) a kindergarten for children five years of age; and

d) a grade one through eight elementary school.

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

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

                                        Thomas J. Chadzutko

                                        310 Prospect Park West

                                        Brooklyn, NY 11201

                   

                                        Rev. Thomas V. Doyle

                                        1550 Hendrickson Street 

                                        Brooklyn, NY 11234

                                       

                                        Rev. Anthony M. Rucando

                                        1315 East 28th Street

                                        Brooklyn, NY 11210

 

                                        Kevin M. Kearney

                                        32 Court Street

                                        Brooklyn, NY 11201

 

                                        Richard J. Cea

                                        32 Court Street

                                        Brooklyn, NY 11201

 

          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 1340 East 29th Street, Brooklyn, New York 11210.

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.

 

SAINTS JOSEPH AND DOMINIC CATHOLIC ACADEMY OF WILLIAMSBURG

          Voted, that

          1.       A provisional charter valid for a term of three years is granted incorporating Thomas J. Chadzutko, Rev. Frank Amato, Rev. Richard J. Beuther, Kevin M. Kearney, Richard J. Cea and their associates and successors as an education corporation under the corporate name of Saints Joseph and Dominic Catholic Academy of Williamsburg, located in Brooklyn, county and state of New York.

          2.       The purposes for which such corporation is formed is to operate and maintain:

a) a nursery school for preschool children from three to five years of age;

b) a universal pre-K program;

c) a kindergarten for children five years of age; and

d) a grade one through eight elementary school.

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

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

                                        Thomas J. Chadzutko

                                        310 Prospect Park West

                                        Brooklyn, NY 11201

                                       

                                        Rev. Frank Amato

                                        225 Siegel Street

                                        Brooklyn, NY 11206

                                       

                                        Rev. Richard J. Beuther

                                        96 South 9th  Street

                                        Brooklyn, NY 11211

 

                                        Kevin M. Kearney

                                        32 Court Street

                                        Brooklyn, NY 11201

 

                                        Richard J. Cea

                                        32 Court Street

                                        Brooklyn, NY 11201

 

          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 140 Montrose Avenue, Brooklyn, New York 11206.

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.

 

BROOKLYN INSTITUTE OF MASSAGE THERAPY, INC.  An application having been made by and on behalf of the directors of the Brooklyn Institute of Massage Therapy, Inc., for the consent of the Board of Regents, pursuant to Education Law §§216 and 6506(3), and of the Commissioner of Education to the filing of a certificate of incorporation under Business Corporation Law (BCL) §402(a) to permit the corporation to offer a licensure-qualifying program in massage therapy, it was

          Voted, that pursuant to Education Law §§216 and 6506(3), the consent of the Board of Regents to the filing of a certificate of incorporation by the Brooklyn Institute of Massage Therapy, Inc., under Business Corporation Law (BCL) §402(a), be, and the same hereby is, granted; and that the consent of the Commissioner of Education to the filing of said certificate of incorporation be, and the same hereby is, approved, provided that nothing in the certificate or this consent shall be deemed to authorize the corporation to engage in the practice of medicine under Article 131 of the New York Education Law or to offer programs leading to licensure in medicine in New York State.

 

 


 

APPENDIX II

REGENTS ACTIONS IN 120 PROFESSIONAL DISCIPLINE CASES

 

May 16-17, 2005

 

          The Board of Regents announced disciplinary actions resulting in the revocation of 1 license, surrender of 17 licenses, and 102 other disciplinary actions.  The penalty indicated for each case relates solely to the misconduct set forth in that particular case.

 

I. REVOCATIONS AND SURRENDERS

 

Dentistry

 

          James Edward Murphy; 35 Church Street, Niverville, NY 12130; Lic. No. 027952; Cal. No. 21144; Application to surrender license granted.  Summary: Licensee did not contest the charges of having been convicted of Grand Larceny, of placing a permanent filling on an abscessed tooth, of performing an inadequate root canal, and of doing an improper extraction.

 

          John G. McIntyre, Jr.; 1512 Spruce Street, Philadelphia, PA 19102; Lic. No. 040202; Cal. No. 22204; Application to surrender license granted.  Summary: Licensee admitted to the charges that his license to practice dentistry in New Jersey was disciplined for failing to respond to the New Jersey Board of Dentistry’s request for records of patients in connection with said board’s investigation of complaints made by said patients; that he practiced dentistry while his New Jersey license was suspended; and that he entered into a consent order with the New Jersey Office of the Insurance Fraud Prosecutor in connection with his dental practice. Additionally, licensee admitted that his license to practice dentistry in Pennsylvania was disciplined based upon allegations that he practiced dentistry after his license to practice had expired; that he failed to respond to the Pennsylvania board’s order to show cause; and that he continued to practice dentistry after his license to practice dentistry was suspended.

 


 

Massage Therapy

 

          David Holmes; 54 Camberly Road, East Hampton, NY 11937; Lic. No. 002796; Cal. No. 20941; Application to surrender license granted.  Summary: Licensee did not contest the charges of willfully failing to register while practicing the profession of massage therapy; massaging a client who was improperly draped; and failing to maintain records of massage patients, which accurately reflected the evaluation, and treatment of the patients.

 

 

 

 

 

 

Nursing

 

          Sharon Barraga a/k/a Sharon Ackerman; Licensed Practical Nurse; 836 Broadway, Brentwood, NY 11717; Lic. No. 121574; Cal. No. 21157; Application to surrender license granted.  Summary: Licensee did not contest the charge of practicing for the time period of July 21, 1993 to September 14, 1993 as a licensed practical nurse in New York while her ability to practice was impaired as a result of a head injury received in a car accident on July 20, 1993.

 

          Clarita B. Clemente; Registered Professional Nurse; 9303  244th Street S.W., Edmonds, WA 98020; Lic. No. 303149; Cal. No. 21752; Application to surrender license granted.  Summary: Licensee admitted to the charge of knowingly stating falsely on her registration application filed with the New York State Education Department Office Of Professional Licensing Services on or about April 11, 2002, that, since she last registered, no professional misconduct charges had been instituted against her, and that no state other than New York had suspended a professional license held by her, when in fact professional misconduct charges had been instituted against her by the State of Washington, and her State of Washington nursing license had been suspended effective on or about January 25, 2001. 

 

          Evelyn Kay Chiaramonte; Licensed Practical Nurse; 1120 South Sycamore, Mesa, AZ 85202; Lic. No. 216473; Cal. No. 21889; Application to surrender license granted.  Summary: Licensee admitted to the charge of having been found guilty by the Arizona State Board of Nursing of failing to maintain, for each of her patients, a record which accurately reflected the nursing care and treatment provided to that patient.

 

          Mark J. Spaid; Licensed Practical Nurse; 65 West Street, Gloversville, NY 12078; Lic. No. 257827; Cal. No. 21939; Application to surrender license granted.  Summary: Licensee admitted to the charges of having been convicted of Falsifying Business Records and Willful Violation of the Health Laws.

 

          Ruth Ellen Hibbard; Licensed Practical Nurse, Registered Professional Nurse; Lic. Nos. 262651, 525911; Cal. Nos. 22106, 22105; Application to surrender licenses granted.  Summary: Licensee did not contest the charge of obtaining her licenses to practice as a licensed practical nurse and as a registered professional nurse fraudulently in that she failed to disclose criminal convictions on her applications for licensure.

 

          Alan J. Baum; Licensed Practical Nurse; 4395 Route 26, Vernon, NY 13476; Lic. No. 157897; Cal. No. 22149; Application to surrender license granted. Summary: Licensee admitted to the charge of committing several medication errors.

 

          Sheila E. Waterhouse-Wray; Licensed Practical Nurse; 89 Arrowwood Place, Malta, NY 12020; Lic. No. 113825; Cal. No. 22194; Application to surrender license granted.  Summary: Licensee admitted to the charge of committing conduct constituting the crime of Driving While Intoxicated.

 

Pharmacy

 

          William Wall; 104 Merriam Street, Pittsford, MA 01201; Lic. No. 023662; Cal. No. 22097; Application to surrender license granted.  Summary: Licensee admitted to the charge of willfully filing a false form, to wit: filing a re-registration in which he indicated he had completed mandatory continuing education, when, in fact, he had not.

 

          Brent Alan Losier; 653½ East Russell Lake Drive, Zionsville, IN 46077; Lic. No. 046529; Cal. No. 22132; Application to surrender license granted.  Summary: Licensee admitted to the charge of having had disciplinary action taken by the Indiana State Board of Pharmacy against his license to practice pharmacy in Indiana based on a criminal conviction in Indiana.

 

Physical Therapy

 

          Alexander Ivashenko; Physical Therapist; 33 Samantha Circle, Matawan, NJ 07747; Lic. No. 007691; Cal. No. 22098; Application to surrender license granted.  Summary: Licensee admitted to the charge of having been convicted of Filing a False Claim with the Medicare Program.

 

Public Accountancy

 

          Steven Szer; Certified Public Accountant; 4115 Palmetto Place Apartments, Fort Mills, SC 29708; Lic. No. 072492; Cal. No. 22057; Application to surrender license granted.  Summary: Licensee admitted to the charge of having been convicted of Forgery in the 3rd Degree.

 

          Steven Hartman; Certified Public Accountant; 821 West Jericho Turnpike, Smithtown, NY 11787; Lic. No. 068797; Cal. No. 22179; Application to surrender license granted.  Summary: Licensee admitted to the charge of having been convicted of Bank Fraud, a felony.

 

Social Work

 

          Jodi Michele Kennedy; Certified Social Worker; Lic. No. 030846; Cal. No. 21618; Found guilty of professional misconduct; Penalty: Revocation.

 

          Jay A. Buchbinder; Licensed Clinical Social Worker; 2652 Rosebud Avenue, Merrick, NY 11566; Lic. No. 016292; Cal. No. 21927; Application to surrender license granted.  Summary: Licensee admitted to the charges of engaging in a sexual relationship with a patient, abandoning said patient, and revealing personal information about himself to said patient.

 




 

II. OTHER REGENTS DISCIPLINARY ACTIONS

 

Chiropractic

 

          Michael Benjamin Wald; 55 Crow Hill Road, Mount Kisco, NY 10549; Lic. No. 006632; Cal. No. 21971; Application for consent order granted; Penalty agreed upon: 6 months actual suspension, 18 months stayed suspension, 24 months probation, $5,000 fine.

 

          Christopher Lee Allen; 50 Holy Family Road, Holyoke, MA 01040; Lic. No. 004890; Cal. No. 22099; Application for consent order granted; Penalty agreed upon: 6 months actual suspension, 18 months stayed suspension – upon licensee’s return to practice, 2 years probation, $750 fine.

 

Dentistry

 

          Thomas Iovino; 104 Whitewood Drive, Massapequa, NY 11762; Lic. No. 037733; Cal. No. 21625; 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 5 years.

 

          Sanford Leonard Mendelsohn; 446 Route 304, Bardonia, NY 10954-1617; Lic. No. 027648; Cal. No. 21856; Application for consent order granted; Penalty agreed upon: 2 years stayed suspension, 2 years probation, $2,500 fine.

 

          Sanford L. Mendelsohn, D.D.S., P.C.; 446 Route 304, Bardonia, NY 10954; Cal. No. 21857; Application for consent order granted; Penalty agreed upon: 2 years stayed suspension, 2 years probation.

 

          Howard Pittel; 509 Hempstead Avenue, Rockville Centre, 11570; Lic. No. 021183; Cal. No. 21862; Application for consent order granted; Penalty agreed upon: Suspension until fit to practice – upon licensee’s return to practice, 2 years probation, $5,000 fine.

 

          Sheldon Rintel; 66-12  102nd Street, Forest Hills, NY 11374-4521; Lic. No. 303219; Cal. No. 21899; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $500 fine.

 

          Robert Anthony Villanova; 123 Main Street, Farmington, CT 06032-2237; Lic. No. 027801; Cal. No. 21999; Application for consent order granted; Penalty agreed upon: 2 years stayed suspension, 2 years probation, $1,000 fine.


 

 

Engineering and Land Surveying

 

          Ronald Staub; Land Surveyor; 1260 Plank Road, Webster, NY 14580-9316; Lic. No. 044621; Cal. No. 21355; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $1,000 fine.

 

          Roland Scott Draper; Professional Engineer; 17 Lincoln Avenue, Hasbrouck Heights, NJ 07604; Lic. No. 059264; Cal. No. 21989; Application for consent order granted; Penalty agreed upon: 1 month actual suspension, 23 months stayed suspension, 2 years probation, $5,000 fine.

 

Massage Therapy

 

          Mark A. Hunter; P.O. Box 732, Cranberry Lake, NY 12927; Lic. No. 011115; Cal. No. 22007; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $500 fine.

 

Nursing

 

          Trudy A. Ingerson; Licensed Practical Nurse; 2984 West Bridge Street, Phoenix, NY 13135; 2982 West Bridge Street, Phoenix, NY 13135; Lic. No. 244464; Cal. No. 20327; Found guilty of professional misconduct; Penalty: 24 month suspension, execution of last 20 months of suspension stayed, probation 24 months, $250 fine.

 

          Kelly Owens; Registered Professional Nurse; 46 Staci Lane, Webster, NY 14580; Lic. No. 436422; Cal. No. 21393; Found guilty of professional misconduct; Penalty: Suspension until terminated as set forth in Regents Review Committee report – upon termination of suspension, probation 2 years.

 

          Anthony Izzo; Registered Professional Nurse; 506 Viewpointe, Schenectady, NY 12306; Lic. No. 369990; Cal. No. 21493; Application for consent order granted; Penalty agreed upon: Suspension for at least 3 months and until fit to practice - upon licensee’s return to practice, 2 years probation.

 

          Danielle M. Elmousely a/k/a Franzella a/k/a Fratz; Licensed Practical Nurse, Registered Professional Nurse; 14 Sunrise Terrace, Lagrangeville, NY 12540; Lic. Nos. 236551, 518630; Cal. Nos. 21574, 21575; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation.

 

          Peggy Johann Shuler a/k/a Peggy Johann McIntosh; Licensed Practical Nurse, Registered Professional Nurse; 109-20  221st Street, Queens Village, NY 11429; Lic. Nos. 159447, 370907; Cal. Nos. 21601, 21426; Application for consent order granted; Penalty agreed upon: 1 month actual suspension, 23 months stayed suspension, 2 years probation.

 

          Cindy L. Raynor; Registered Professional Nurse; 35 Maple Drive West, Mayville, NY 14757; Lic. No. 361135; Cal. No. 21690; Application for consent order granted; Penalty agreed upon: 2 years stayed suspension, 2 years probation, $500 fine.

 

          Sally Victoria Lewis; Registered Professional Nurse; 9 Pine Road, Amityville, NY 11701; Lic. No. 432029; Cal. No. 21723; Application for consent order granted; Penalty agreed upon: 24 months stayed suspension, 24 months probation, $500 fine.

 

          Amy L. Britt; Licensed Practical Nurse; 38 Woodside Lane, Weedsport, NY 13166; Lic. No. 190334; Cal. No. 21790; Application for consent order granted; Penalty agreed upon: Partial actual suspension in medication administration until completion of coursework in medication administration, 1 year probation, $250 fine.

 

          Diana May Thibodeau; Registered Professional Nurse; 6043 Canadice Hill Road, Springwater, NY 14560; Lic. No. 406409; Cal. No. 21821; Application for consent order granted; Penalty agreed upon: 2 years stayed suspension, 2 years probation, $500 fine.

 

          Ann Morrow; Licensed Practical Nurse; 823 Montgomery Street, Ogdensburg, NY 13669; Lic. No. 200968; Cal. No. 21831; Application for consent order granted; Penalty agreed upon: 1 month actual suspension, 11 months stayed suspension, 1 year probation.

 

          Margaret Malone; Registered Professional Nurse; 76 Stuyvesant Avenue, Merrick, NY 11566; Lic. No. 243429; Cal. No. 21839; Application for consent order granted; Penalty agreed upon: 12 months stayed suspension, 12 months probation, $500 fine.

 

          Kathleen M. Burns; Registered Professional Nurse; 448 Townline Road, Lindley, NY 14858; Lic. No. 517555; Cal. No. 21840; Application for consent order granted; Penalty agreed upon: 2 years stayed suspension, 2 years probation, $2,500 fine.

 

          Wayne Holzman; Registered Professional Nurse; 3 Oak Street, Nesconset, NY 11767; Lic. No. 505478; Cal. No. 21869; Application for consent order granted; Penalty agreed upon: 24 months stayed suspension, 24 months probation, $500 fine.

 

          Philomina George; Licensed Practical Nurse, Registered Professional Nurse; 81-12 247th Street, Bellerose, NY 11426; Lic. Nos. 247893, 513407; Cal. Nos. 21874, 21864; Application for consent order granted; Penalty agreed upon: Suspension until fit to practice – upon licensee’s return to practice, partial actual suspension in medication administration until successful completion of NYSNA pharmacology and medication administration course, or its equivalent, 2 years probation.

 

          Adeniyi Oyedeji Oyekan; Licensed Practical Nurse, Registered Professional Nurse; 480 East 188th Street, Bronx, NY 10458; Lic. Nos. 259327, 515778; Cal. Nos. 21897, 21898; Application for consent order granted; Penalty agreed upon: Partial actual suspension in medication administration until completion of coursework in medication administration and pharmacology - upon licensee’s return to practice, 2 years probation, $500 fine.

 

          Charles Noonan; Licensed Practical Nurse; 58 Lexington Avenue, Albany, NY 12206; Lic. No. 239039; Cal. No. 21907; Application for consent order granted; Penalty agreed upon: 2 years stayed suspension, 2 years probation, $250 fine.

 

          Elizabeth Jacob; Licensed Practical Nurse, Registered Professional Nurse; 9 Beaumont Circle, Yonkers, NY 10710; Lic. Nos. 214127, 429885; Cal. Nos. 21919, 21920; Application for consent order granted; Penalty agreed upon: 2 years stayed suspension, 2 years probation, $500 fine.

 

          Oladapo Bamidele Ojekunle; Licensed Practical Nurse, Registered Professional Nurse; 765 Lincoln Avenue, Brooklyn, NY 11208; Lic. Nos. 239440, 480412; Cal. Nos. 21922, 21921; Application for consent order granted; Penalty agreed upon: Partial actual suspension in medication administration until completion of NYSNA course in medication administration and pharmacology and course in physical assessment for nurses, 2 years probation, $1,000 fine.

 

          Brian Kirk Anderson a/k/a Brian K. Anderson; Licensed Practical Nurse, Registered Professional Nurse; 120 Dreiser Loop, Bronx, NY 10475-1622; Lic. Nos. 239201, 496408; Cal. Nos. 21930, 21931; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $750 fine.

 

          Molly Ann Chura; Licensed Practical Nurse, Registered Professional Nurse; 902 Tulip Street, Liverpool, NY 13088; Lic. Nos. 210094, 441955; Cal. Nos. 21940, 21941; Application for consent order granted; Penalty agreed upon: Suspension until fit to practice – upon licensee’s return to practice, 3 years probation, $250 fine.

 

          Susan M. Goodemote; Registered Professional Nurse; 15 Salisbury Road, Delmar, NY 12054; Lic. No. 519434; Cal. No. 21950; Application for consent order granted; Penalty agreed upon: 2 months actual suspension, 22 months stayed suspension - upon licensee’s return to practice, 2 years probation.

 

          Susan Davis; Licensed Practical Nurse, Registered Professional Nurse; 100 Glenning Lane, Schenectady, NY 12303; Lic. Nos. 173940, 389140; Cal. Nos. 21952, 21951; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $500 fine.

 

          Deborah Anne Berg; Licensed Practical Nurse, Registered Professional Nurse; 6176 Sitka Drive, Cicero, NY 13039; Lic. Nos. 217015, 438926; Cal. Nos. 21953, 21954; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $500 fine.

 

          Tracey Chandler; Registered Professional Nurse; 92 N. Greenfield Road, Porter Corners, NY 12859; Lic. No. 481166; Cal. No. 21957; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $500 fine.

 

          Rebecca Thorpe; Registered Professional Nurse; P.O. Box 727, Rhinebeck, NY 12572; Lic. No. 309230; Cal. No. 21959; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation to commence upon licensee’s return to practice.

 

          Lorie Lee Jean Noelting; Registered Professional Nurse; 13 Tom Miller Road, Plattsburgh, NY 12901; Lic. No. 412860; Cal. No. 21960; Application for consent order granted; Penalty agreed upon: 2 years stayed suspension, 2 years probation, $500 fine.

 

          Mary Ward; Licensed Practical Nurse; 183 Wakefield Avenue, Buffalo, NY 14214-2207; Lic. No. 209474; Cal. No. 21961; Application for consent order granted; Penalty agreed upon: 1 month actual suspension, 23 months stayed suspension, 2 years probation, $500 fine.

 

          Linda Beth White-Settles; Licensed Practical Nurse; 211 Pulteney Street, Geneva, NY 14456; Lic. No. 274713; Cal. No. 21969; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $500 fine.

 

          Fawzena Lamour a/k/a Fawzena Khan; Licensed Practical Nurse, Registered Professional Nurse; 86-20 Park Lane South, Woodhaven, NY 11421; Lic. Nos. 258069, 543630; Cal. Nos. 21974, 21973; Application for consent order granted; Penalty agreed upon: 24 months stayed suspension, 24 months probation, $500 fine.

 

          Electa Gail Shumway a/k/a Electa Shumway-Hicks; Registered Professional Nurse; 10 Bohl Avenue, Albany, NY 12209; Lic. No. 474882; Cal. No. 21979; Application for consent order granted; Penalty agreed upon: 2 years stayed suspension, 2 years probation, $500 fine.

 

          Beverly J. West; Licensed Practical Nurse, 2411 Niagara Avenue, Niagara Falls, NY 14305-3117; Lic. No. 257939; Cal. No. 21985; Application for consent order granted; Penalty agreed upon: 2 years stayed suspension, 2 years probation, $1,000 fine.

 

          Deborah Gale Walton; Registered Professional Nurse; 46 Tall Tree Drive, Penfield, NY 14526; Lic. No. 447840; Cal. No. 22004; Application for consent order granted; Penalty agreed upon: 2 years stayed suspension, 2 years probation, $500 fine.

 

          Joann M. Hurley; Registered Professional Nurse; 23 Wintergreen Road, Queensbury, NY 12804; Lic. No. 265782; Cal. No. 22009; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 2 years probation, $500 fine.

 

          Deborah W. Titus; Registered Professional Nurse; 32 Prospect Drive, Queensbury, NY 12804; Lic. No. 386715; Cal. No. 22012; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $500 fine.

 

          Jaclyn Craig; Licensed Practical Nurse; 141 Prospect Street, Fredonia, NY 14063-1942; Lic. No. 269718; Cal. No. 22015; Application for consent order granted; Penalty agreed upon: Suspension until fit to practice – upon licensee’s return to practice, 2 years probation, $500 fine.

 

          William J. Barry; Licensed Practical Nurse; 814 Tuscany Lane, Middlesex, NY 14507; Lic. No. 080369; Cal. No. 22021; Application for consent order granted; Penalty agreed upon: Suspension until fit to practice – upon licensee’s return to practice, 1 year probation, $500 fine.

 

          Deseree Lampart; Licensed Practical Nurse, Registered Professional Nurse; 135 Woodrow Avenue, Rochester, NY 14609; Lic. Nos. 208321, 430013; Cal. Nos. 22022, 21978; Application for consent order granted; Penalty agreed upon: 2 years stayed suspension, 2 years probation, $1,500 fine.

 

          Cynthia Benson Dennis; Registered Professional Nurse; 2598 Alexander Road, Ashville, NY 14710; Lic. No. 187800; Cal. No. 22033; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $500 fine.

 

          Valerie A. Burgelin; Registered Professional Nurse; 3751 Del Rey Boulevard, Las Cruces, NM 88012; Lic. No. 482150; Cal. No. 22041; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation if and when licensee returns to practice, $500 fine.

 

          Robert Moher; Licensed Practical Nurse; 923 Drapers Road, Enfield, NC 27823; Lic. No. 238976; Cal. No. 22044; Application for consent order granted; Penalty agreed upon: 1 year actual suspension to be terminated sooner upon completion of coursework in ethics/legal decision making, 2 years probation.

 

          Igor Livshits; Licensed Practical Nurse, Registered Professional Nurse; 2729 East 69th Street, Brooklyn, NY 11234; Lic. Nos. 228843, 460425; Cal. Nos. 22051, 22052; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $500 fine.

 

          Verona Vivienne Thomas; Licensed Practical Nurse, Registered Professional Nurse; 106-15 East 223rd Street, Queens Village, NY 11428; Lic. Nos. 183434, 386450; Cal. Nos. 22074, 22075; Application for consent order granted; Penalty agreed upon: 2 years stayed suspension, 2 years probation, $2,500 fine.

 

          Rebecca C. Majewski; Licensed Practical Nurse, Registered Professional Nurse; 5029 Gorge Road - Route 13, Cazenovia, NY 13035; Lic. Nos. 160033, 440418; Cal. Nos. 22077, 22078; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $500 fine.

 

          Nancy Jean Obrotka; Registered Professional Nurse; 38 Pumpkinhill Road, Warwick, NY 10990-3519; Lic. No. 479279; Cal. No. 22079; Application for consent order granted; Penalty agreed upon: 2 years stayed suspension, 2 years probation, $1,000 fine.

 

          Marianne Sacket; Registered Professional Nurse; P.O. Box 66, Farmington, CT 06034; Lic. No. 331719; Cal. No. 22081; Application for consent order granted; Penalty agreed upon: 2 years stayed suspension, 2 years probation, $250 fine.

 

          Eunice Dorma McKenzie a/k/a Eunice McKenzie; Licensed Practical Nurse; 230 Magnolia Avenue, Mt. Vernon, NY 10552; Lic. No. 221919; Cal. No. 22110; Application for consent order granted; Penalty agreed upon: 3 years actual suspension, 3 years probation.

 

          Annamma C. Thomas; Licensed Practical Nurse, Registered Professional Nurse; 87 Beverly Road, Yonkers, NY 10710; Lic. Nos. 156467, 419308; Cal. Nos. 22111, 22112; Application for consent order granted; Penalty agreed upon: 1 month actual suspension, 23 months stayed suspension, 2 years probation.

 

          Lynn A. Mathison; Licensed Practical Nurse; 16 Florida Avenue, Bronxville, NY 10708-5607; Lic. No. 144796; Cal. No. 22113; Application for consent order granted; Penalty agreed upon: 1 month actual suspension, 23 months stayed suspension, 2 years probation.

 

          Elsbeth Miriam Sofia; Licensed Practical Nurse; 910 McKinley Street, Peekskill, NY 10566; Lic. No. 267511; Cal. No. 22115; Application for consent order granted; Penalty agreed upon: 2 years stayed suspension, 2 years probation, $500 fine.

 

          Jacquina Mary Beahan; Registered Professional Nurse; 41 Spring Street, Wappingers Falls, NY 12590; Lic. No. 476149; Cal. No. 22117; Application for consent order granted; Penalty agreed upon: 1 year actual suspension, 1 year stayed suspension, 2 years probation.

 

          Ronald M. Quaranta; Licensed Practical Nurse, Registered Professional Nurse; 13 Pickthorn Drive, Batavia, NY 14020; Lic. Nos. 105506, 282860; Cal. Nos. 22124, 22125; Application for consent order granted; Penalty agreed upon: 1 month actual suspension, 11 months stayed suspension, 1 year probation to commence upon licensee’s return to practice, $500 fine.

 

          Bettina B. Stearn; Licensed Practical Nurse; 98 Old Field Road, Setauket, NY 11733; Lic. No. 116869; Cal. No. 22147; Application for consent order granted; Penalty agreed upon: Suspension until fit to practice – upon licensee’s return to practice, 2 years probation.

 

Occupational Therapy

 

          Sandra A. Borst; Occupational Therapist; 4028 Lloyd Street, Bemus Point, NY 14712; Lic. No. 009863; Cal. No. 21910; Application for consent order granted; Penalty agreed upon: 1 month actual suspension, 11 months stayed suspension – upon licensee’s return to practice, 2 years probation, $250 fine.

 

Optometry

 

          Thomas Horvath; 236 Wantagh Avenue, Levittown, NY 11756; Lic. No. 005396; Cal. No. 22010; Application for consent order granted; Penalty agreed upon: 3 months actual suspension, 23 months stayed suspension, 2 years probation.

 

Pharmacy

 

          William Arca; 3326 Frederick Street, Oceanside, NY 11572; Lic. No. 030677; Cal. No. 21167; Found guilty of professional misconduct; Penalty: 2 year suspension, execution of last 18 months of suspension stayed.

 

          Barry David Glaz; 11 Wellington Court, Staten Island, NY 10314; Lic. No. 033316; Cal. No. 21324; Found guilty of professional misconduct; Penalty: 2 year suspension, execution of suspension stayed, $1,000 fine.

 

          Charles M. George; 358 Deerhurst, Kenmore, NY 14223-1944; Lic. No. 028475; Cal. No. 21632; Application for consent order granted; Penalty agreed upon: 2 years stayed suspension, 2 years probation, $10,000 fine.

 

          Ira P. Lisogorsky; 28 Pembroke Drive, North Massapequa, NY 11758-1726; Lic. No. 029249; Cal. No. 21878; Application for consent order granted; Penalty agreed upon: 1 month actual suspension, 23 months stayed suspension, 24 months probation, $10,000 fine.

 

          Eppy Drugs, Inc.; Pharmacy; 116-07 Metropolitan Avenue, Kew Gardens, NY 11418; Reg. No. 014505; Cal. No. 21879; Application for consent order granted; Penalty agreed upon: 2 years stayed suspension, 2 years probation, $10,000 fine.

 

          Shamsul K. Bakar; 815 West 181st Street, New York, NY 10033-4537; Lic. No. 044114; Cal. No. 21887; Application for consent order granted; Penalty agreed upon: 1 month actual suspension, 23 months stayed suspension, 2 years probation, $7,500 fine.

 

          Kings Bronx, Inc. d/b/a Kings Pharmacy Warehouse Outlet; Pharmacy; 535 East 170th Street, Bronx, NY 10456; Reg. No. 022841; Cal. No. 21888; Application for consent order granted; Penalty agreed upon: 2 years stayed suspension, 2 years probation, $2,500 fine.

 

          Dennis William Fontaine; 7200 Route 227, Trumansburg, NY 14886; Lic. No. 037086; Cal. No. 21942; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $1,000 fine.

 

          Eckerd Corporation #5906; Pharmacy; 180 Gleneida Avenue, Carmel, NY 10512; Reg. No. 023862; Cal. No. 22034; Application for consent order granted; Penalty agreed upon: 2 years probation, $1,500 fine.

 

Podiatry

 

          Steven Zint Buzermanis; 97-07  63rd Road, Rego Park, NY 11374; Lic. No. 005699; Cal. No. 21933; Application for consent order granted; Penalty agreed upon: 2 years stayed suspension, 2 years probation, $2,500 fine.

 

          Darren J. James; 1308 Rogers Avenue, Brooklyn, NY 11210; Lic. No. 004893; Cal. No. 21968; Application for consent order granted; Penalty agreed upon: 3 year actual suspension – upon licensee’s return to practice, 3 years probation.

 

Psychology

 

          Paul J. Carpenter; 32 Quentin Road, Rochester, NY 14609; Lic. No. 008143; Cal. No. 21705; Application for consent order granted; Penalty agreed upon: Suspension of no less than 3 months and until fit to practice – upon licensee’s return to practice, 2 years probation, $500 fine.

 

          Timothy John White; 410 East 89th Street, New York, NY 10128; Lic. No. 010281; Cal. No. 22095; Application for consent order granted; Penalty agreed upon: 4 years actual suspension – upon licensee’s return to practice, 5 years probation.

 

Public Accountancy

 

          Laurence M. Brown; Certified Public Accountant; One Byram Brook Place, Armonk, NY 10504; Lic. No. 035494; Cal. No. 20297; Found guilty of professional misconduct; Penalty: 60 months suspension, execution of last 54 months of suspension stayed, probation last 54 months, $5,000 fine.

 

Social Work

 

          Robert L. Bruhn; Licensed Clinical Social Worker; 83‑20  94th Street, Woodhaven, NY 11421; Lic. No. 019045; Cal. No. 21174; Application for consent order granted; Penalty agreed upon: Suspension of no less than 6 months and until fit to practice – upon licensee’s return to practice, 2 years probation, $1,000 fine.

 

          Jean Mary Desrosiers; Licensed Master Social Worker; 89-15 Parsons Boulevard, Jamaica, NY 11432; Lic. No. 046182; Cal. No. 21609; Application for consent order granted; Penalty agreed upon: Suspension until fit to practice – upon licensee’s return to practice, 1 year probation, $1,000 fine.

 

          Christina Altieri; Licensed Master Social Worker; P.O. Box 298, Arlington, VT 05250; Lic. No. 066579; Cal. No. 22046; Application for consent order granted; Penalty agreed upon: 2 years stayed suspension, 2 years probation, $500 fine.

 

Veterinary Medicine

 

          Salvatore Pernice; Veterinarian; 4482 Hylan Boulevard, Staten Island, NY 10312; Lic. No. 007428; Cal. No. 21925; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $1,000 fine.

 

          Douglas George Dedrick; Veterinarian; 316 Windsor Lane, East Aurora, NY 14052; Lic. No. 002321; Cal. No. 21935; Application for consent order granted; Penalty agreed upon: Partial actual suspension in spaying and neutering until successful completion of coursework in soft tissue surgery including spaying and neutering, 2 years probation, $1,500 fine.

 

          Sara Marie Fabrizio; Veterinary Technician; 913 Second Street, Solvay, NY 13209; Lic. No. 004591; Cal. No. 21955; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $500 fine.