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SUMMARY OF THE SEPTEMBER MEETING

 

 

  SUMMARY OF THE SEPTEMBER MEETING



OF THE BOARD OF REGENTS OF




THE UNIVERSITY OF THE STATE OF NEW YORK




 




 




Held at the State Education Building




Albany, New York




 


September 12-13, 2002

David Johnson, Secretary

Board of Regents

THE BOARD OF REGENTS

The Board of Regents of The University of the State of New York held an executive session on Friday, September 13, at 7:30 a.m. and held two public sessions on Thursday, September 12, at 9:00 a.m. and Friday, September 13, at 10:45 a.m. pursuant to a call duly sent to each Regent.

MEETING OF THE FULL BOARD, Thursday, September 12, 2002

Board Members in Attendance:

Robert M. Bennett, Chancellor

Adelaide L. Sanford, Vice Chancellor

Diane McGivern

Saul B. Cohen

James C. Dawson

Robert M. Johnson

Anthony S. Bottar

Geraldine D. Chapey

Arnold B. Gardner

Harry Phillips, 3rd

Joseph E. Bowman, Jr.

Lorraine Cort�s-V�zquez

Judith O. Rubin

James R. Tallon, Jr.

Milton L. Cofield

    Also present were the President of The University and Commissioner of Education, Richard P. Mills, the Counsel and Deputy Commissioner for Legal Affairs, Kathy A. Ahearn, and the Secretary, Board of Regents, David Johnson. Regent Merryl H. Tisch was absent and excused.

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

ACTION ITEMS

Summary of the July Meeting

BR (A) 2.1 and Attachment

 

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

 

Motion by:                         Regent James C. Dawson

Seconded by:                   Regent Milton L. Cofield

Action:                                Motion carried unanimously

 

 

2003-2004 Budget Proposal

BR (A) 3.1 and Attachment

    MOVED, that the Board of Regents approve the State Education Department�s 2003-2004 Budget Proposal.

Motion by:                        Regent Saul B. Cohen

Seconded by:                 Regent James C. Dawson

Action:                              Motion carried unanimously

 

State Education Department July and August 2002 Fiscal Reports

BR (A) 4.1 and Attachment

The Board received for review and action the July and August 2002 Fiscal Reports. Beginning the second quarter of the 2002-2003 fiscal year in July, minor revenue adjustments were made. General Fund and Federal accounts are in structural balance and all revenue accounts are in balance, allowing for normal reimbursement delays and the planned use of prior year balances.

    MOVED, that the Board of Regents approve the July and August 2002 State Education Department Fiscal Reports.

Motion by:                         Regent James C. Dawson

Seconded by:                  Regent Milton L. Cofield

Action:                               Motion carried unanimously

DISCUSSION ITEMS

Commissioner�s Report

The Commissioner�s written monthly report focused on eight subject areas: reading first, reading for results; NOVEL and New Century Libraries; Regents review of assessments continues; school accountability � NCLBA; SUNY Master Plan; President�s Commission on Special Education; the year ahead; and, 2003-2004 budget.

Recognizing Staff Performance

Each month the Board publicly recognizes individual staff members who have made significant contributions to the Department through extraordinary efforts.

Commissioner Richard P. Mills selected the following individuals for recognition by the Board: Bonnie Hahn, James Conway and Daniel Tworek, Office of Management Services; Doris Jamison, Vocational and Educational Services for Individuals with Disabilities; Sharon Holder and Anne Schiano, Elementary, Middle, Secondary and Continuing Education; Deborah Horton, Office of Higher Education; Mark Schaming, State Museum; and, Anthony Lofrumento, Jr. and Elizabeth Shields, Office of the Professions. Additional individuals associated with their efforts were also recognized.

Comments from the Field

Board members related experiences received through visitations and constituent meetings over the last several weeks. Regent Robert M. Johnson spoke very positively of a recent visit to the Roosevelt Junior-Senior High School, during which he viewed new student desks, a refurbished auditorium and all new interior painting. Board members mentioned scheduled meetings with area colleges and college presidents, including sessions in the Rochester area and with the Hudson Mohawk Association of Colleges and Universities. Vice Chancellor Adelaide L. Sanford announced the receipt of a contribution from the National Baptist Convention to support a program providing health exams for children at Level 1 proficiency in grade 4 testing and for community colleges to review alternatives to the incarceration of youth.

MEETING OF THE FULL BOARD, Friday, September 13, 2002

Board Members in Attendance:

Robert M. Bennett, Chancellor

Diane McGivern

Saul B. Cohen

Robert M. Johnson

Anthony S. Bottar

Merryl H. Tisch

Geraldine D. Chapey

Arnold B. Gardner

Joseph E. Bowman, Jr.

Judith O. Rubin

James R. Tallon, Jr.

 

Also present were the President of The University and Commissioner of Education, Richard P. Mills, the Counsel and Deputy Commissioner for Legal Affairs, Kathy A. Ahearn, and the Secretary, Board of Regents, David Johnson. Vice Chancellor Adelaide L. Sanford and Regents James C. Dawson, Harry Phillips 3rd, Lorraine Cort�s-V�zquez and Milton L. Cofield were absent and excused.

 

Chancellor Bennett called the meeting to order at 10:45 a.m.

 

 

DISCUSSION ITEMS

 

Review of the Proposed Contents for the Regents Agenda

Federal Legislation and Education in New York State, 2003

BR (D) 1.1 and Attachment

 

The 2003 federal agenda will have legislative recommendations for the 1st session of the 108th Congress. The Board received an outline of the 2002 version with proposed changes, including a summary for a new section on early childhood education.

A review of the full draft will be scheduled in October with final action by the Board in December and public release in January.

 

New Century Libraries: Advocating for 21st Century

Library Services for New Yorkers

BR (D) 2.1 and Attachment

In 2000, through the recommendations of the Regents Commission on Library Services, the Board and Department addressed the issue of strengthening library services for New Yorkers and introduced New Century Libraries.

The State Library partnered with other organizations to bring advocates together from across the State in the first Library Advocacy Leadership Meeting in May 2002. How the Board defines its roles in advocacy is critical. Board members participated in a discussion of that role and provided recommendations for advocacy actions.

Board members were unanimous in expressing support and enthusiasm in advocating for New Century Libraries. Suggested activities for consideration included hosting a reception for new legislators and education committee chairs, submitting information articles to community and professional publications, and production of a video for public television and other public usage.

Elementary and Middle School Math Scores

Board members received a PowerPoint presentation on the 2002 public school results on the 4th and 8th grade math tests.

On the 4th grade test the percentage of students meeting all the standards decreased slightly, from 69.1 percent in 2001 to 67.6 percent in 2002. At the 8th grade level there was a significant increase in the percentage of students meeting all the standards, the percentage rising from 39.4 in 2001 to 47.7 in 2002.

Information supplementing these results was provided by need/resource capacity category, racial/ethnic groups and the results for the Big 5 Cities.

STANDING COMMITTEE REPORTS

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

 

Motion by:                         Regent Diane McGivern

Seconded by:                   Regent Saul B. Cohen

Action:                               Motion carried unanimously

 

 

REGENTS COMMITTEE ON VOCATIONAL AND EDUCATIONAL SERVICES

FOR INDIVIDUALS WITH DISABILITIES

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

Your Committee on Vocational and Educational Services for Individuals with Disabilities held its scheduled meeting on September 12, 2002. All members were present. Chancellor Bennett and Commissioner Mills also attended.

Matters Not Requiring Board Action

  • Your Committee received a report on the dissemination of VESID policy to parents. The report addressed policy dissemination in the context of parental involvement in the educational process and in the formation of public policy. The Committee discussed current methods and systems used for the provision of information to families as well as new strategies that might be employed. The Committee emphasized the need for timely information to parents on assessment and accommodations. There is a need to clarify Department versus local school district responsibilities regarding these issues. The Committee also stressed the need to have informational materials in a variety of languages to accommodate the diversity of parents across the State. (VESID (D) 1.1)
  • Your Committee discussed the recommendations of the President�s Commission on Excellence in Special Education. The report outlined the Commission recommendations for improving educational performance of children with disabilities and for the reauthorization of the Individuals with Disabilities Education Act. The discussion focused on funding for IDEA, state accountability, least restrictive environment, parent choice recommendations, and results for students with disabilities. VESID agreed that once Senate and House proposals for the reauthorization of IDEA are available, the Committee would receive information on our proposed position as well as materials the Regents may use to garner support for various recommended changes. (VESID (D) 2.1)

REGENTS COMMITTEE ON HIGHER AND PROFESSIONAL EDUCATION

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

Your Committee on Higher and Professional Education held its scheduled meeting on September 12, 2002. All members were present.

Approval

Your Committee recommends that the Regents approve the Report of the Committee on the Professions Regarding Licensing Petitions. [HP (A) 2]

Your Committee recommends that the Regents approve an amendment to the provisional charter of The Picower Graduate School of Molecular Medicine to change the corporate name to "North Shore-LIJ Graduate School of Molecular Medicine"; to restate paragraph 2 (c) to read: "to organize and conduct programs for the further and continuing scientific education and training of the physicians, faculty, trainees, other investigators and employees of the North Shore-Long Island-Jewish Research Institute and the member hospitals of the North Shore-Long Island Jewish Health System, Inc."; and to amend paragraph 3 to read: "The North Shore-Long Island Jewish Health System, Inc. shall constitute the sole voting member of the corporation, with power to elect the board of trustees," and, as so amended, made absolute. [BR (A) 1]

Your Committee recommends that the Regents approve an amendment to the absolute charter of Bard College to add authority for the College to confer the degree of Associate in Arts (A.A.) in Liberal Arts and Sciences in New York City. [BR (A) 1]

Your Committee recommends that the Regents approve an amendment to the absolute charter of Bexley Hall to add authority for the School to confer the additional degree of Master of Arts (M.A.). [BR (A) 1]

Your Committee recommends that the Regents approve an amendment to the absolute charter of Long Island University to add authority for the University to confer the degree of Bachelor of Music (B.Mus.). [BR (A) 1]

Your Committee recommends that the Regents approve an amendment to the absolute charter of New York University to increase the maximum authorized number of trustees from fifty-five to seventy. [BR (A) 1]

Your Committee recommends that the Regents grant a provisional charter to the New York Institute for Cognitive and Behavioral Therapies for a period of five years. [BR (A) 1]

Your Committee recommends that the Regents authorize Yale University, New Haven, Connecticut, effective September 13, 2002, to use clinical agencies in New York State for clinical education of students in its Master of Science in Nursing (M.S.N.) program, during a period beginning immediately and ending September 30, 2007. [HP (CA) 7]

Your Committee recommends that the Regents approve the long-range plan of the State University of New York, entitled the State University of New York 2000-2004 Master Plan, as submitted and incorporated into the Statewide Plan for Higher Education, effective September 13, 2002. [HP (A) 1]

Your Committee recommends that the Regents approve the economic eligibility income criteria proposed by The City University of New York and the State University of New York for the 2003-04, 2004-05 and 2005-06 academic years. [HP (CA) 1]

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

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

State Board for Acupuncture � appoint Susan F. Groberg (Brooklyn), Deborah Cromarty Hallahan (New York City), and Betty Ming Liu (Hastings-on-Hudson) each for a term beginning October 1, 2002 and ending September 30, 2007. [HP (CA) 2]

State Board for Chiropractic � reappoint Benjamin M. Bartolotto (Johnson City) and Vincent F. Loia (Baldwinsville) each for a term beginning October 1, 2002 and ending September 30, 2007. [HP (CA) 2]

State Board for Dentistry � reappoint Geri R. Feeder (Hudson Falls), Kathleen A. Kennedy (Buffalo), and William D. Olmstead (Binghamton) each for a term beginning October 1, 2002 and ending September 30, 2007, and Stephen A. Schulz (Webster) for a term beginning January 1, 2003 and ending December 31, 2007. [HP (CA) 2]

State Board for Engineering and Land Surveying � reappoint Joel A. Miele, Sr. (Howard Beach) and William J. Shover (Troy) each for a term beginning September 19, 2002 and ending September 18, 2007. [HP (CA) 2]

State Board for Medicine � appoint Richard H. Alfred (Slingerlands), Alfred T. Frontera (Kingston), Dhiren K. Shah (East Amherst), and H. Dirk Sostman (New York City) each for a term beginning September 13, 2002 and ending September 12, 2007, and reappoint Benjamin Robinson (Manhasset) for a term beginning December 1, 2002 and ending November 30, 2007. [HP (CA) 2]

State Board for Psychology � appoint June F. Chrisholm (New York City), Maureen M. Kaley (Massapequa), and Fred A. Millan (Bayside) each for a term beginning October 1, 2002 and ending September 30, 2007. [HP (CA) 2]

State Board for Speech-Language Pathology and Audiology � appoint Catherine J. Crowley (New York City), Lewis H. Goldstein (Bronx), and Jaclyn B. Spitzer (Hastings-on-Hudson) each for a term beginning September 13, 2002 and ending September 12, 2007. [HP (CA) 2]

State Board for Veterinary Medicine � reappoint Marilynn R. Cute (Commack) for a term beginning December 1, 2002 and ending November 30, 2007. [HP (CA) 2]

Master Plan Amendments

Your Committee recommends that the Regents approve an amendment to the master plan of Bexley Hall, Rochester, effective September 13, 2002, authorizing the seminary to offer a Master of Arts (M.A.) program in religious studies and Master of Divinity (M.Div.) and Doctor of Ministry (D.Min.) programs in theological professions. This amendment will be effective until September 30, 2003, unless the Department registers the programs prior to that date, in which case the master plan amendment will be without term. [HP (CA) 5]

Your Committee recommends that the Regents approve an amendment to the master plan of Long Island Business Institute, Commack, effective September 13, 2002, authorizing the Institute to establish a branch campus in Flushing, Queens. This amendment will be effective until September 30, 2003, unless the Department registers the programs of this branch prior to that date, in which case the master plan amendment will be without term. [HP (CA) 5]

Your Committee recommends that the Regents approve an amendment to the master plan of Bard College, Annandale-on-Hudson, effective September 13, 2002, authorizing the College to establish a new branch campus in New York City and to confer the Associate in Arts (A.A.) degree in New York City. This amendment will be effective until September 30, 2003, unless the Department registers the program prior to that date, in which case the master plan amendment will be without term. [HP (CA) 5]

Your Committee recommends that the Regents approve an amendment to the master plan of Globe Institute of Technology, Manhattan, effective September 13, 2002, authorizing the Institute to offer a Bachelor of Business Administration (B.B.A.) program in management and finance. This amendment will be effective until September 30, 2003, unless the Department registers the program prior to that date, in which case the master plan amendment will be without term. [HP (CA) 5]

Appointments to the State Professional Standards and Practices Board for Teaching

Your Committee recommends that the Regents approve the appointments of Debra A. Colley (higher education member), Jerry L. Jackson (school administrator member), Judith A. Morley (teacher member), and Frank S. Scelsa (teacher member), each for a term beginning September 13, 2002 and ending June 30, 2006; and Brandi J. Sciutto (teacher education student member) for a term as a non-voting member beginning September 13, 2002 and ending June 30, 2004. [HP (A) 3]

Regulations of the Commissioner of Education

Your Committee recommends that the Regents approve that subdivision (c) of section 80-2.6 of the Regulations of the Commissioner of Education be repealed and a new subdivision (c) of section 80-2.6 be added, as submitted, effective October 3, 2002. [HP (CA) 6]

Rules of the Board of Regents

Your Committee recommends that the Regents approve that subdivision (b) of section 27-1.1 of the Rules of the Board of Regents and subparagraph (ii) of paragraph (2) of subdivision (c) of section 27-1.1 of the Rules of the Board of Regents be amended, as submitted, effective July 1, 2003. [HP (CA) 4]

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

Your Committee recommends that the Regents authorize Briarcliffe College, effective September 13, 2002, to confer the Associate in Occupational Studies (A.O.S.), Associate in Applied Science (A.A.S.), Bachelor of Business Administration (B.B.A.), and Bachelor of Fine Arts (B.F.A.) degrees upon students successfully completing programs at that institution. [HP (CA) 3]

Meeting Highlights

Consent Agenda � All items approved.

Action Agenda � All items were approved. There was a detailed power point presentation by Deputy Commissioner Duncan-Poitier, on the "Recommendation for Regents Action on the State University of New York 2000-2004 Master Plan," [HP (A) 1.1-2]. The presentation included a review of the Regents Statewide Plan for Higher Education and described criteria used in reviewing master plans, like the submission from the State University of New York (SUNY). Assistant Commissioner Joseph P. Frey contributed to the presentation and responded to questions, along with Deputy Commissioner Duncan-Poitier. Officials from SUNY were present and provided answers to inquiries directed to them.

Discussion "Public Policy Conference": Deputy Commissioner Duncan-Poitier announced this upcoming event and was available to answer questions concerning the Conference. It is scheduled for October 2, 2002; related materials, including focus questions, have been given to the Board of Regents.

Matters Not Requiring Board Action

Discussion Items

Proposed Amendment to the Regulations of the Commissioner of Education Relating to Mandatory Continuing Education for Dentists [HP (D) 1]

Update on Strategies to assist lecturers to become certified teachers

Public Policy Conference

REGENTS COMMITTEE ON ELEMENTARY, MIDDLE, SECONDARY

AND CONTINUING EDUCATION

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

Your Committee on Elementary, Middle, Secondary and Continuing Education held its scheduled meeting on September 12, 2002. All members were present.

ACTION ITEMS

Petition to Exceed Constitutional Debt Limit

  • Your Committee recommends that consent be given to the issuance of bonds and/or bond anticipation notes by the Board of Education of the Mechanicville City School District in an amount not to exceed $8,625,000 for the construction of a new elementary school and additions to the middle/high school; and the issuance of such bonds and/or bond anticipation notes in excess of the constitutional debt limit of said school district. [EMSC (A) 1.1-2]

Charter Applications

  • Your Committee recommends approval of the charter applications related to elementary, middle, secondary and continuing education. [BR (A) 1.1 and Attachment; EMSC (A) 2.1-2]

Charter Schools

  • Your Committee recommends approval and issuance of the proposed charters for the following charter schools, and that they be incorporated by granting them provisional charters for a period of five years: East Harlem Village Academy Charter School, New York City; East New York Village Academy Charter School, Brooklyn; The Family Academy Charter School of New York, Bronx; and Libertas Charter School, Buffalo. [EMSC (A) 3.1-3 and Attachment]
  • Your Committee recommends approval of the proposed revision to the charter of the John A. Reisenbach Charter School. [EMSC (A) 3.1-3 and Attachment]

Matters Not Requiring Board Action

Deputy Commissioner�s Report (includes attachment on career and technical education enrollment) [EMSC (D) 1.1-11]

Report on implementation of accountability provisions of No Child Left Behind [EMSC (D) 4.1-2 and Attachment]

The Regents discussed seven policy issues that need to be addressed in order for the Department to submit its application to the USDOE in January 2003. These issues are: the establishment of State standards; the measurement of adequate yearly progress; the size of disaggregated populations for accountability purposes; accountability for students with disabilities; school district accountability; completion rate and State elementary and middle school indicator; and accountability for non-Title I schools. In addition, the Regents expressed the need for obtaining the latest examination data in order to make an informed decision on proficiency at the high school level under the accountability plan. Staff will continue to investigate all options as how to be responsive to the federal requirements without compromising Regents authority in setting standards for proficiency and high school graduation.

Proposed amendment to section 151-1.2 of the Commissioner�s Regulations relating to universal prekindergarten programs [EMSC (D) 3.1 and Attachment]

There was consensus among the Regents to the substance and intent of the proposed amendment.

The following items were deferred for future discussion:

  • Part 3�review of the implementation of the State testing program [EMSC (D) 5.1 and Attachment]
  • Report on Reading for Results and Reading Excellence Act grants [EMSC (D) 6.1-3 and Attachment]

REGENTS COMMITTEE ON CULTURAL EDUCATION

Regent Robert M. Johnson, Chair of the Regents Committee on Cultural Education, presented on behalf of the Committee the following written report.

Your Committee on Cultural Education held its scheduled meeting on September 12, 2002 in the Regents Room, State Education Department. Everyone was present.

ACTION ITEMS

Your Committee reviewed the summary recommendations with respect to charter applications, BR A 1.1 and recommends approval of those actions listed under CULTURAL EDUCATION, including a supplementary charter action to approve the number of the WNET Board of Trustees to fifty-five. BR (A) 1.1 and Attachment

Your Committee reviewed and recommends that Christine Ghent, Toni Ann Kessel, Michael J. Maher, Ellen Savino and Charles W. Schmitt be appointed as trustees of the Glen Cove Public Library effective immediately, with all terms to expire June 30, 2003. CE (C.A.) 1.2

Your Committee reviewed and recommends that Dr. Karen Patricia Smith be re-appointed and Irving Toliver and Martin L. Edelman be appointed to the Regents Advisory Council on Libraries beginning October 1, 2002 and ending September 30 in the year 2007; that Ladan Alomar be appointed to fill an unfulfilled term beginning October 1, 2002 and ending September 30, 2004 and Lucretia McClure be appointed to fill an unfulfilled term beginning October 1, 2002 and ending September 30, 2006. CE (A) 1.1

Your Committee reviewed and recommends Amendment to Sections 185.5, 185.13 and 185.14 of the Commissioner�s Regulations for Local Government Records Disposition. A motion to defer the item, pending fuller information on the rationale, history and process for amending the regulations, failed. CE (A) 2.1-2

Matters Not Requiring Action from the Board

The State Librarian, Janet Welch, described information on recent work to increase the visibility of NOVEL. Regents recommended that the marketing message include additional information related to cost benefit information and the temporary nature of Federal support. An analysis of the cost of a fee-for-service model was also requested. CE (D) 1.1

The State Museum Director, Clifford Siegfried, reported on activities of the State Museum in preparation for the World Trade Center Exhibit. CE (I) 1.1

REGENTS COMMITTEE ON PROFESSIONAL PRACTICE

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

Your Committee on Professional Practice held its scheduled meeting on September 12, 2002. All members of the Committee were present.

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 10 cases. In addition, your Committee recommends, upon the recommendation of the Committee on the Professions, that 61 consent order applications and 16 surrender applications be granted.

These recommendations are made following the review of 87 cases involving 15 licensed practical nurses, 15 registered professional nurses, 11 pharmacists, five pharmacies, five licensed practical nurses who are also registered professional nurses, three certified social workers, three dentists, three psychologists, three professional engineers, two chiropractors, two registered professional nurses who are also nurse practitioners, one certified public accountant, one dentist who also is a holder of a certificate authorized to administer dental anesthesia, one holder of a license authorized to practice dietetics-nutrition, one licensed practical nurse who is also a registered professional nurse who is also a nurse practitioner, one massage therapist, one podiatrist, one professional engineer who is also a land surveyor, one public accountancy partnership, and one veterinarian.

Approvals

Voted, that John J. Dever (Rochester) be reappointed as an extended member of the State Board for Dentistry for service on licensure discipline, licensure restoration and moral character hearing panels; that Stanford A. Roman, Jr. (New York) be appointed as an extended member of the State Board for Medicine for service on licensure restoration and moral character hearing panels; that Mary Beth Gallagher (Buffalo) and Lynda Wills (Syracuse) be appointed as extended members of the State Board for Nursing for service on licensure disciplinary, licensure restoration, and moral character hearing panels; and that Richard H. Edmonds (Schenectady) be appointed as a member of the State Board for Professional Medical Conduct. (PPC A 1)

Matters Not Requiring Board Action

Your Committee discussed several topics of interest, including:

  • Proposed Amendment to the Rules of the Board of Regents (29.13 (a) (5)) Relating to the Definition of Unprofessional Conduct in the Practice of Massage Therapy. (PPC D 1)
  • The purpose of the proposed amendment is to remove a record keeping exception that now pertains in some circumstances to massage therapists practicing in health spas or similar settings. It is recommended that formal action on the proposed amendment be taken at the October 2002 meeting of the Board of Regents.
  • Emergency Preparedness in the Licensed Professions. (PPC D 2)
  • The Committee and the Commissioner recognized the contributions made by licensed professionals in response to the events of September 11, 2001 and the Committee was informed about the Office of the Professions' comprehensive plan for responding to future emergencies.
  • Proposed Amendment to the Rules of the Board of Regents Relating to the Definition of Unprofessional Conduct and Work Paper Documentation and Retention in the Practice of Public Accountancy. (PPC D 3)
  • This proposed amendment is to establish standards that licensees must meet in relation to documentation in work papers and the retention of such papers. It is recommended that formal action on the proposed amendment be taken at the December 2002 meeting of the Board of Regents. The Committee was also informed of significant provisions of recently enacted federal accountancy legislation (Sarbanes-Oxley).
  • Nursing Update.
  • Follow-up on issues identified by the Blue Ribbon Task Force on Nursing continues, as both a memo clarifying patient abandonment and a comprehensive survey of licensed nurses will be released.

REGENTS COMMITTEE ON QUALITY

Regent Robert M. Johnson, Chair of the Committee on Quality, presented on behalf of the Committee the following written report.

Your Committee on Quality held its scheduled meeting on September 12, 2002. Regent Johnson, Vice Chancellor Sanford, Regents Cofield, McGivern, Rubin and Tisch were present. Chancellor Bennett also attended.

Approval

No items were recommended for approval by the Regents.

Matters Not Requiring Board Action

The Committee reviewed the Action Register from the July 2002 Retreat. While acknowledging that all the items on the register are important, the Committee identified seven that should have priority for the Board in the coming year:

  • Focus Board�s time and effort on key policy decisions and reviews of major policies (24-month plan).
  • Improve student information system in every respect;
  • Agree on a technology plan;
  • Staff capacity to meet all demands (as part of an analysis of Department operations);
  • Advocate for Higher Education budget; and
  • Facilitate convening of college presidents.

The Chancellor, Regent Johnson, Commissioner and staff will review the entire list again and consult with the Committee Chairs and Deputies to determine which of the remaining items on the Action Register are or should be part of various Committees� agenda -- taking account of the Strategic Plan, Critical Needs Paper and Commissioner�s Performance Program.

The Committee noted the need to revisit the format of Regents meetings in order to make best use of the Board�s time -- ensuring adequate opportunity to explore key issues in depth.

 

 

 

APPENDIX I

NEW YORK STATE BOARD OF REGENTS

CHARTER ACTIONS

SEPTEMBER 13, 2002

 

ALBANY PUBLIC LIBRARY.

Voted, that

1. An absolute charter in the first instance is granted incorporating Ellen Bach, John Bach, David Brown, Mary Mounteer, Jane Altes, Salvatore Villa, Mary Ellen O�Connor, Eleanor Billmeyer, Norman Rice and their associates and successors as an education corporation under the corporate name of Albany Public Library located in the city and county of Albany and state of New York.

 

2. The purpose for which such corporation is to be formed is to promote and maintain library facilities, resources and services in and for the people of the City of Albany and the State of New York.

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 fifteen nor less than five.

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

                    Jane Altes

          23 Valleyview Drive

Albany, New York 12208

 

John J. Bach

254 Lenox Avenue

Albany, New York 12208

 

Ellen M. Bach

32 Hawthorne Avenue

Albany, New York 12203

 

Eleanor Billmyer

199 Lancaster Street

Albany, New York 12210-1940

 

David P. Brown

321 State Street

Albany, New York 12210

 

Mary E. Mounteer

75 Manning Boulevard

Albany, New York 12203

 

Mary Ellen O�Connor

66 Park Avenue

Albany, New York 12202

 

Norman S. Rice

319 Washington Avenue

Albany, New York 12206

 

Salvatore P. Villa

10 Birchwood Court

Albany, New York 12211

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. 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.

10. The principal office of the corporation shall be located at 161 Washington Avenue, Albany, New York 12210, with additional branch locations throughout the City of Albany.

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

BELL MEMORIAL LIBRARY. An application having been made by and on behalf of the trustees of Bell Memorial 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 Bell Memorial Library, located in the town of Nunda, county of Livingston, state of New York, which was granted by action of the Board of Regents on February 21, 1992; which provisional charter was extended by Regents action on February 8, 2000 be, and the same hereby is, made absolute.

LONG LAKE LIBRARY. An application having been made by and on behalf of the trustees of the Long Lake 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 Long Lake Library, located in Long Lake, county of Hamilton, state of New York, which was granted by action of the Board of Regents on February 4, 1997 be, and the same hereby is, made absolute.

SMITHTOWN SPECIAL LIBRARY DISTRICT

Voted, that

1. An absolute charter in the first instance is granted incorporating Susan V. B. O�Shea, August M. Alfieri, Judith S. Levine, Anthony J. Monteleone, Joseph W. Lesnick, Wendy S. Isser, June S. Carlson and their associates and successors as an education corporation under the corporate name of Smithtown Special Library District located in Smithtown, county of Suffolk and state of New York.

2. The purposes for which such corporation is to be formed is to provide library services to the residents of the Smithtown Special Library District, created pursuant to Chapter 193 of the Laws of 2001, which includes all of the Town of Smithtown excluding areas currently serviced by the Sachem Public Library and by the Emma S. Clark Memorial Library.

3. The persons named as incorporators shall constitute the first board of trustees. The first persons being named herein as incorporators, said trustees to serve in the order in which they are named herein, for terms that shall expire as follows: Joseph W. Lesnick, June 30, 2005, Anthony J. Monteleone, June 30, 2005, Wendy S. Issler, June 30, 2004, Judith S. Levine, June 30, 2004, Susan V.B. O�Shea, June 30, 2004, August M. Alfieri, June 30, 2003, June S. Carlson, June 30, 2003. As vacancies occur, trustees shall be elected at the annual election to serve five-year terms, said terms commencing on the first day of July next following the election. 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 fifteen nor less than five.

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

                    

                    Susan V. B. O�Shea

                    16 Golf Club Road

                    St. James, New York 11780

August M. Alfieri

68 Amsterdam Road

Smithtown, New York 11787

 

Judith S. Levine

15 Cygnet Drive

Smithtown, New York 11787

 

Anthony J. Monteleone

23 Chivalry Lane

Nesconset, New York 11767

 

Joseph W. Lesnick

129 South Plaisted Avenue

Hauppauge, New York 11788

 

Wendy S. Isser

19 Cayuga Place

Commack, New York 11725

 

June S. Carlson

25 Willow Ridge Drive

Smithtown, New York 11787

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. 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.

10. The principal office of the corporation shall be located at 1 North Country Road, Smithtown, New York 11787-2143.

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

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

Voted, that the provisional charter of the Honeoye Public Library, located in Honeoye, county of Ontario, state of New York, which was granted by action of the Board of Regents on June 29, 1903; which provisional charter was made absolute by Regents action on May 2, 1912 be, and the same hereby is, amended to designate the Commissioner of Education as the agent of the corporation for the purpose of service of process and to add the following language:

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

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

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

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

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."

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

Voted, that the provisional charter of the Mechanicville District Public Library, located in Mechanicville, county of Saratoga, state of New York, which was granted by action of the Board of Regents on June 24, 1966; which provisional charter was made absolute by Regents action on February 24, 1974 be, and the same hereby is, amended to add the following language:

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

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

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

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

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."

MOHAWK VALLEY LIBRARY ASSOCIATION. An application having been made by and on behalf of the trustees of Mohawk Valley Library Association, for an amendment of its charter, it was

Voted, that the provisional charter of the Mohawk Valley Library Association, located in the city and county of Schenectady, state of New York, which was granted by action of the Board of Regents on December 18, 1959; which provisional charter was amended by Regents action on September 30, 1960, December 16, 1960, January 24, 1964, and January 28, 1965 and was made absolute by Regents action on March 25, 1977; which absolute charter was amended by Regents action on May 20, 1983 and September 16, 1988 be, and the same hereby is, amended to change the corporate name to "Mohawk Valley Library System."

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

Voted, that the provisional charter of the Tivoli Free Library, located in Tivoli, county of Dutchess, state of New York, which was granted by action of the Board of Regents on March 27, 1919; which provisional charter was extended on June 18, 1943 and was made absolute by Regents action on December 17, 1948 be, and the same hereby is, amended to indicate that the number of trustees shall be not more than fifteen nor less than eight; to set the terms of office for the trustees at three years; to define the service area as the Village of Tivoli; to designate the Commissioner of Education as the agent of the corporation for the purpose of service of process, and to add the following language:

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

GOLD COAST PUBLIC LIBRARY DISTRICT

Voted, that

1. A provisional charter valid for a term of five years is granted incorporating Nancy Benchimol, Patrice Benneward, Patricia A. Daley, Kevin Glassman, Amy Kempton, Stephen A. Muth, Jr., Barbara Palermo, Rosemarie Ryba, Miles Sibell and their associates and successors as an education corporation under the corporate name of Gold Coast Public Library District, located in Glen Head, county of Nassau and state of New York.

2. The purpose of this corporation is to provide public library services to the residents of the public library district as constituted pursuant to Chapter 233 of the State of New York, Laws of 2000, by means of (1) the trustees contracting for such library service with public or free association libraries, a cooperative library system, or a municipal or district body having control of a public library; or (2) the trustees exercising the powers of trustees of other educational institutions as provided under the Education Law of the State of New York, Title 1, Article 5 thereof, including the establishment of public library facilities to provide such services.

3. The library shall be administered by a board of nine trustees, to be at first the persons who are named herein as incorporators, said trustees to serve in the order in which they renamed hereinabove, as incorporators, said trustees to serve in the order in which they are named herein, for terms that shall expire as follow: Patrice Benneward, December 31, 2005; Patricia A. Daley, December 31, 2005; Stephen A. Muth, Jr. December 31, 2005; Kevin Glassman, December 31, 2004; Amy Kempton, December 31, 2004; Rosemarie Ryba, December 31, 2004; Nancy Benchimol, December 31, 2003; Barbara Palermo, December 31, 2003; Miles Sibell, December 31, 2003. As vacancies occur, trustees shall be elected at the annual election to serve for five-year terms, said terms commencing on the first day of January next following the election.

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

Nancy Benchimol

26 Meadow Lane

Glen Head, New York 11545

Patrice Benneward

98 Glenwood Road

Glenwood Landing, New York 11547

Patricia A. Daley

6 Glen Avenue

Glen Head, New York 11545

 

Kevin Glassman

2 Hope Lane

Old Brookville, New York 11545

 

Amy Kempton

74 Locust Avenue

Glen Head, New York 11545

 

Stephen A. Muth, Jr.

70 The Promendate

Glen Head, New York 11545

 

Barbara Palermo

16 Wagon Lane

Glen Head, New York 11545

 

Rosemarie Ryba

135 Valentine�s Lane

Old Brookville, New York 11545

 

Miles Sibell

Five Meadow Lane

Glen Head, New York 11545

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

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

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

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

9. The facility to be maintained by the corporation is to be located at 450 Glen Cove, Glen Head, New York 11545.

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.

HURLEY LIBRARY

Voted, that

1. A provisional charter valid for a term of five years is granted incorporating Sandra Kempton, Deborah Beach, Ellen Adalman, Harvey Kronick, Patricia Constantinou, Kathryn Stott, Eleanor Connerton, Gilbert Richter, Gilbert Hoppenstedt and their associates and successors as an education corporation under the corporate name of Hurley Library, located in Hurley, county of Ulster and state of New York.

2. The purpose of this corporation is to operate a public library to serve the residents of the Hurley Library district.

3. The library shall be administered by a board of nine trustees, to be at first the persons who are named herein as incorporators, said trustees to serve in the order in which they are named herein, for terms that shall expire on December 31 as follows: two in 2003, two in 2004, two in 2005 and three in 2006. As vacancies occur, trustees shall be elected at the annual election to serve for four year terms, said terms to commence on the first day of the month next following the election.

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

Sandra Kempton

201 Old Route 209

Hurley, New York 12443

 

Deborah Beach

124 Jeffrey Lane

Hurley, New York 12443

 

Ellen Adalman

112 Laurel Street

Hurley, New York 12443

 

Harvey Kronick

181 Griffin Drive

Hurley, New York 12443

 

Patricia Constantinou

P.O. Box 83

Hurley, New York 12443

 

Kathryn Stott

P.O. Box 187

Hurley, New York 12443

 

Eleanor Connerton

180 Griffin Drive

Hurley, New York 12443

 

Gilbert Richter

P.O. Box 235

Hurley, New York 12443

 

Gilbert Hoppenstedt

P.O. Box 488

Hurley, New York 12443

 

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

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

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

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

9. The facility to be maintained by the corporation is to be located at 44 Main Street, Hurley, New York 12443.

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.

MORRISVILLE PUBLIC LIBRARY

Voted, that

1. A provisional charter valid for a term of five years is granted incorporating Phyllis A. Mattingly, Allen L. Noel, Jean M. Van Ingen, Rachael Armstong, Bobbie Hill-Quick, Michael M. Battisti, Carla A. Kutzuba and their associates and successors as an education corporation under the corporate name of Morrisville Public Library, located in Morrisville, county of Madison and state of New York.

2. The purpose of this corporation is to operate a public library to serve the residents of the Morrisville-Eaton Central School District.

3. The library shall be administered by a board of not more than eleven nor less than five trustees, to be at first the persons who are named herein as incorporators, said trustees to serve in the order in which they are named herein, for terms that shall expire June 30, one in 2003, one in 2004, one in 2005, two in 2006 and two in 2007. Thereafter, as such terms expire, their successors shall be elected by the residents of the school district for a term of five years. Vacancies due to cause other than expiration of term shall be filled until the next annual election by the library board of trustees.

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

 

Phyllis A. Mattingly

Box 171

7 Cross Avenue

Morrisville, New York 13408

 

Allen L. Noel

129 East Main Street

P.O. Box 99

Morrisville, New York 13408

 

Jean M. Van Ingen

P.O. Box 391

6 Skyline Drive

Morrisville, New York 13408

 

Rachael Armstrong

P.O. Box 377

125 East Main Street

Morrisville, New York 13408

 

Bobbie Hill-Quick

P.O. Box 116

West Eaton, New York 13484

 

Michael M. Battisti

P.O. Box 174A

Eaton, New York 13334

 

Carla A. Kutzuba

3609 Peterboro Road

Cazenovia, New York 13035

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

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

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

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

9. The facility to be maintained by the corporation is to be located at 87 East Main Street. P.O. Box 37, Morrisville, New York 13408.

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.

TOWN OF LAKE PLEASANT PUBLIC LIBRARY

Voted, that

1. A provisional charter valid for a term of five years is granted incorporating May Fitzgerald, George Sengenberger, Deborah O�Rourke, Elizabeth Mezzano, Richard Leithiser, Marion Wilbur, Audrey Newell and their associates and successors as an education corporation under the corporate name of Town of Lake Pleasant Public Library, located in Lake Pleasant, county of Hamilton and state of New York.

2. The purpose of this corporation is to create and operate a public library to serve the residents of the Town of Lake Pleasant in Hamilton County, New York.

3. The library shall be administered by a board of seven trustees, to be at first the persons who are named herein as incorporators, said trustees to serve in the order in which they renamed hereinabove, as incorporators, said trustees to serve in the order in which they are named herein, for terms that shall expire as follows: May Fitzgerald on December 31, 2002, George Sengenberger on December 31, 2003, Deborah O'Rourke on December 31, 2004, Elizabeth Mezzano on December 31, 2005, Richard Leithiser on December 31, 2005, Marion Wilbur on December 31, 2006 and Audrey Newell on December 31, 2006.

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

May Fitzgerald

P.O. Box 304

Speculator, New York 12164

 

George Sengenberger

P.O. Box 102

Lake Pleasant, New York 12108

 

Deborah O�Rourke

P.O. Box 583

Lake Pleasant, New York 12108

 

Elizabeth Mezzano

P.O. Box 763

Lake Pleasant, New York 12108

 

Richard Leithiser

P.O. Box 165

Lake Pleasant, New York 12108

 

Marion Wilbur

P.O. Box 41

Lake Pleasant, New York 12108

 

Audrey Newell

P.O. Box 551

Lake Pleasant, New York 12108

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

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

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

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

9. The facility to be maintained by the corporation is to be located at Route 8, P.O. Box 799, Lake Pleasant, New York 12108.

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.

STONE RIDGE LIBRARY. An application having been made by and on behalf of the trustees of Stone Ridge Library, a free public library, for its charter to be dissolved, and for approval of the distribution of its remaining corporate assets to the Stone Ridge Public Library, a special district library, and it appearing from the petition that all taxes payable by the corporation have been paid, it was

Voted, that the absolute charter in the first instance of Stone Ridge Library, located in Stone Ridge, county of Ulster, state of New York, which was granted by action of the Board of Regents on June 17, 1909 to operate a free public library; which absolute charter was amended June 24, 1994 be, and the same hereby is, dissolved, and that notice to such effect be given to the board of trustees of the corporation, and that the distribution of the corporation�s assets to the Stone Ridge Public Library, a special district public library, be, and the same hereby is, approved.

AL-NOOR SCHOOL. An application having been made by and on behalf of the trustees of Al-Noor School, for its provisional charter to be made absolute, and it appearing to the satisfaction of the Regents that the conditions for an absolute charter have been met, it was

Voted, that the provisional charter of the Al-Noor School, located in Brooklyn, county of Kings, state of New York, which was granted by action of the Board of Regents on July 21, 1995 be, and the same hereby is, made absolute.

FAITH NURSERY SCHOOL. An application having been made by and on behalf of the trustees of Faith Nursery School, for its provisional charter to be amended and, as so amended, 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 Faith Nursery School, located in Syosset, county of Nassau, state of New York, which was granted by action of the Board of Regents on August 1, 1975 be, and the same hereby is, amended to add authority for the operation of a toddler program for two-year-olds and, as so amended, the same be, and hereby is, made absolute.

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

Voted, that the provisional charter of The Children�s Annex located in Woodstock, county of Ulster, state of New York, which was granted by action of the Board of Regents on March 31, 1978; and which was made absolute by Regents action on February 26, 1982 be, and the same hereby is, amended to change the corporate address to 70 Kukuk Lane, Kingston, New York 12401.

FRIENDS ACADEMY. An application having been made by and on behalf of the trustees of Friends Academy, for its absolute charter to be amended it was

Voted, that the absolute charter of Friends Academy, located in Glen Cove, county of Nassau, state of New York, which was granted by action of the Board of Regents on June 27, 1898; which absolute charter was made amended by Regents action on January 24, 1979 be, and the same hereby is, amended to change the corporate purpose to read as follows:

As an elementary and secondary school providing educational programs of academic, spiritual, moral, artistic and physical education and training to children, providing in addition thereto, credit and non-credit academic, physical, spiritual, moral and artistic education and training to children during summers and week-ends, and in addition thereto, providing credit and non-credit adult educational programs of academic, physical, spiritual, moral and artistic education and training, and in addition thereto establish and operate day care centers for children in Nassau County, provided, however, before each such facility shall be established or opened, the prior written approval of the New York State Office of Children and Family Services must be obtained."

THE MARTIN DE PORRES SCHOOL FOR EXCEPTIONAL CHILDREN. An application having been made by and on behalf of the trustees of The Martin De Porres School for Exceptional Children, for an amendment of its charter, it was

Voted, that the provisional charter of The Martin De Porres School for Exceptional Children located in Springfield Gardens, county of Queens, state of New York, which was granted by action of the Board of Regents on December 14, 1973; which provisional charter was made absolute by Regents action on December 16, 1977; which absolute charter was amended by Regents action on October 23, 1980 be, and the same hereby is, amended to authorize the corporation to operate a secondary school for the benefit of students with disabilities up to twenty-one years of age.

MERRICK COMMUNITY NURSERY SCHOOL. An application having been made by and on behalf of the trustees of Merrick Community Nursery School, for its absolute charter to be amended it was

Voted, that the absolute charter of Merrick Community Nursery School, located in Merrick, county of Nassau, state of New York, which was granted by action of the Board of Regents on August 19, 1955; which provisional charter was made absolute by Regents action on August 24, 1960 be, and the same hereby is, amended to authorize the corporation to establish and operate day care centers in Nassau County, provided however, before each such facility shall be established or opened, the prior written approval of the New York State Office of Children and Family Services must be obtained.

NEW LIFE SCHOOL. An application having been made by and on behalf of the trustees of the New Life School, for an amendment of its charter, it was

Voted, that the provisional charter of the New Life School located in the city, county and state of New York, which was granted by action of the Board of Regents on April 23, 2002 be, and the same hereby is, amended to change the corporate name to "Downtown School"

THE BRIDGE STREET PREPARATORY SCHOOL. An application having been made by and on behalf of the trustees of The Bridge Street Preparatory School, for its provisional charter to be extended, it was

Voted, that the provisional charter of The Bridge Street Preparatory School, located in Brooklyn, county of Kings, state of New York, which was granted by action of the Board of Regents on April 27, 1990 and extended by Regents action on July 23, 1993 be, and the same hereby is, amended to change the corporate address to 266 Stuyvesant Avenue, Brooklyn, New York 11221 and, as so amended, extended until September 13, 2005; and prior to that date, an application for the further extension of such provisional charter or for an absolute charter will be entertained by the Regents, but, in the event that such application is not made, then after September 13, 2005 and upon notice by the Regents, such provisional charter shall terminate and become void and shall be surrendered to the Regents.

THE GENEVA SCHOOL OF MANHATTAN. An application having been made by and on behalf of the trustees of The Geneva School of Manhattan, for its provisional charter to be extended, it was

Voted, that the provisional charter of The Geneva School of Manhattan, located in the city, county, and state of New York, which was granted by action of the Board of Regents on April 24, 1996; which provisional charter was amended by Regents action on June 8, 1999 be and the same hereby is, extended until September 13, 2005; and prior to that date, an application for the further extension of such provisional charter or for an absolute charter will be entertained by the Regents, but, in the event that such application is not made, then after September 13, 2005 and upon notice by the Regents, such provisional charter shall terminate and become void and shall be surrendered to the Regents.

QUEENS VILLAGE DAY SCHOOL/LOVE, PEACE AND JOY SCHOOLS. An application having been made by and on behalf of the trustees of Queens Village Day School/Love, Peace and Joy Schools, for its provisional charter to be extended, it was

Voted, that the provisional charter of Queens Village Day School/Love, Peace and Joy Schools, located in Queens Village, county of Queens, state of New York, which was granted by action of the Board of Regents under the corporate name "Queens Village Day School" on March 25, 1988; and amended on February 19, 1993 to change the corporate name to "Queens Village Day School/Love, Peace and Joy Schools," to indicate that the corporation was operating at 219-32 Jamaica Avenue, Queens Village, 188-04 Liberty Avenue, St. Albans and 111-12 Farmer�s Boulevard, St. Albans and to add authority for the corporation to operate a day care and an after-school program, and as so amended, extended be, and the same hereby is, amended to change the corporate name to "Queens Village Day School" and, as so amended, extended until September 13, 2005; and prior to that date, an application for the further extension of such provisional charter or for an absolute charter will be entertained by the Regents, but, in the event that such application is not made, then after September 13, 2005 and upon notice by the Regents, such provisional charter shall terminate and become void and shall be surrendered to the Regents

THE PICOWER GRADUATE SCHOOL OF MOLECULAR MEDICINE. An application having been made by and on behalf of the trustees of The Picower Graduate School of Molecular Medicine, for its provisional charter to be amended and, as so amended, 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 Picower Graduate School of Molecular Medicine, located in Manhasset, county of Nassau, state of New York, which was granted by action of the Board of Regents on June 24, 1994; which provisional charter was extended by Regents action on July 16, 1999 be, and the same hereby is, amended to change the corporate name to "North Shore-LIJ Graduate School of Molecular Medicine"; to restate paragraph 2 (c) of the provisional charter to read:

"To organize and conduct programs for the further and continuing scientific education and training of the physicians, faculty, trainees, other investigators and employees of the North Shore-Long Island Jewish Research Institute and the member hospitals of the North Shore-Long Island Jewish Health System, Inc.";

and to amend paragraph 3 to read: "The North Shore-Long Island Jewish Health System, Inc. shall constitute the sole voting member of the corporation, with power to elect the board of trustees" and, as so amended, the same be, and hereby is, made absolute.

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

Voted, that the absolute charter in the first instance of Bard College, located in the city Red Hook, county of Dutchess and state of New York, which corporation was incorporated pursuant to the provisions of Chapter 89 of the Laws of 1860 under the corporate name "The Trustees of St. Stephen College" on March 20, 1860; which absolute charter was amended pursuant to Chapter 125 of the Laws of 1860; Chapter 254 of the Laws of 1861; Chapter 196 of the Laws of 1865; Chapter 773 of the Laws of 1866; Chapter 206 of the Laws of 1920; Chapter 224 of the Laws of 1927; Chapter 316 of the Laws of 1934; and Chapter 669 of the Laws of 1939, and was amended by action of the Board of Regents on March 15, 1935 to change the corporate name to "Bard College" and on April 29, 1966 to restate the charter in its entirety; which corporation was merged with and absorbed Simon�s Rock Early College, a Massachusetts not-for-profit corporation formed in 1964, pursuant to consent of the Regents granted on August 14, 1984; which absolute charter of such merged corporation was further amended by Regents action on September 14, 1990, May 21, 1993 and September 19, 1997 be, and the same hereby is, amended to add authority for the College to confer the Associate in Arts (A.A.) in Liberal Arts and Sciences in New York City.

BEXLEY HALL. An application having been made by and on behalf of the trustees of Bexley Hall, for an amendment of its charter, it was

Voted, that the absolute charter of Bexley Hall, located in Rochester, county of Monroe, and state of New York, which was granted by action of the Board of Regents on March 29, 1968, which absolute charter was amended by Regents action on June 28, 1974 be, and the same hereby is, amended to authorize the corporation to confer the Master of Arts (M.A.) degree.

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

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

NEW YORK UNIVERSITY. An application having been made by and on behalf of the trustees of New York University, for an amendment of its charter, it was

Voted, that the absolute charter of New York University, located in the city, county, and state of New York, which corporation was incorporated by Special Act of the Legislature pursuant to Chapter 176 of the Laws of 1831 under the corporate name "The University of the City of New York" on April 18, 1831; which absolute charter was amended by the Legislature pursuant to Chapter 270 of the Laws of 1849 on April 7, 1849, by action of the Board of Regents on January 12, 1883, by the Legislature pursuant to Chapter 54 of the Laws of 1893 on February 23, 1893, by Regents action on March 19, 1896 to change the corporate name to "New York University" and November 21, 1947; which corporation was merged by Regents action on November 19, 1948 with the New York Post-Graduate Medical School and Hospital, a domestic not-for-profit corporation, with the surviving corporation being New York University and on November 18, 1949 with the Stuyvesant Square Hospital, a domestic corporation, with the surviving corporation being New York University; which absolute charter of such merged corporation was amended by the Legislature pursuant to Chapter 756 of the Laws of 1950 and by Regents action on December 16, 1955 to restate the charter in its entirety; which corporation was consolidated by Regents action on February 28, 1958 with Town Hall, Inc., a domestic not-for-profit corporation, with the surviving corporation being New York University; which absolute charter of such consolidated corporation was amended by Regents action on March 1, 1963; which corporation was consolidated and merged by Regents action on August 1, 1975 with the Midtown Hospital, a domestic not-for-profit corporation, with the surviving corporation being New York University; which absolute charter of such consolidated corporation was amended by Regents action on September 24, 1976, April 29, 1977, March 27, 1981, October 21, 1983, October 18, 1985, July 17, 1998 and June 8, 1999 be, and the same hereby is, amended to increase the maximum authorized number of trustees from fifty-five to seventy.

NEW YORK INSTITUTE FOR COGNITIVE AND BEHAVIORAL THERAPIES

Voted, that

1. A provisional charter valid for a term of five years is granted incorporating John Winston Bush, Ph.D., Howard D. Eisman, Ph.D., Lisa G. Baron, Ph.D., Inna Pustilnik, Ph.D., Jonathan M. Layton, M.D. and their associates and successors as an education corporation under the corporate name of New York Institute for Cognitive and Behavioral Therapies, located in Brooklyn, county of Queens and state of New York.

2. The purposes for which such corporation is formed are

a. To provide expert training in behavior therapy, cognitive behavior therapy and related applications of cognitive and behavioral psychology to qualified students and professionals in the fields of psychotherapy and substance abuse treatment; and

b. To provide consultative services in behavior therapy and cognitive behavior therapy to health care providers.

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:

John Winston Bush, Ph.D.

207 Berkeley Place

Brooklyn, New York 11217-3801

 

Howard D. Eisman, Ph.D.

2424 Avenue R

Brooklyn, New York 11229

 

Lisa G. Baron, Ph.D.

940 Beth Lane

Woodmere, New York 11598

 

Inna Pustilnik, Ph.D.

25 Central Park West

New York, New York 10023

 

Jonathan M. Layton, M.D.

207 Berkeley Place

Brooklyn, New York 11217-3801

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

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

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

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

9. The mailing address of the corporation shall be 207 Berkeley Place, Brooklyn, New York 11217-3801.

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.

EDUCATIONAL BRAODCASTING CORPORATION. An application having been made by and on behalf of the trustees of the Educational Broadcasting Corporation, located in the city, county and state of New York, which was incorporated pursuant to the provisions of ��216 and 217 of the Education Law, for approval of its amended bylaws, it was

Voted that the amended bylaws of the Educational Broadcasting Corporation, as adopted by the corporation�s board of trustees on May 30, 2002, be approved.

FUNSHINE NURSERY SCHOOL

Voted, that

1. A provisional charter valid for a term of three years is granted incorporating Kathleen D. Triebel, Donald Triebel, William O. Triebel, Eileen Wambach, David J. Triebel and their associates and successors as an education corporation under the corporate name of Funshine Nursery School, located in Red Hook, county of Dutchess and state of New York.

2. The purposes for which such corporation is formed are to operate a nursery school for preschool children from three to five years of age; to operate a six-week summer program for children ages two years, nine months through seven years or entering the third grade in September; and to operate a toddler program for children eighteen months through approximately two and one-half years of age. Nothing contained herein shall otherwise directly or indirectly allow the corporation to establish or operate a daycare center as that term is defined in the Social Services Law

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:

Kathleen D. Triebel

7714 Albany Post Road

Red Hook, New York 12571

 

Donald Triebel

727 Salisbury Turnpike

Rhinebeck, New York 12572

 

William O. Triebel

10 Enderkill Drive

Staatsburg, New York 12580

 

Eileen Wambach

47 Old Post Road

Red Hook, New York 12571

 

David J. Triebel

15 Columbia Avenue

Red Hook, New York 12570

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

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

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

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

9. The mailing address of the corporation shall be 7714 Albany Post Road, Red Hook, New York 12571. The corporation shall operate at St. Christopher�s School, 30 Benner Road, Red Hook, New York 12571 and Linlithgo Fire House, #3, County Route 10, Linlithgo, New York 12526

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.

 

APPENDIX II

REGENTS ACTIONS IN 117 PROFESSIONAL DISCIPLINE CASES

AND 2 RESTORATION PETITIONS

September 12-13, 2002

The Board of Regents announced disciplinary actions resulting in the revocation of 3 licenses, surrender of 14 licenses and 2 certificates, and 68 other disciplinary actions.

  1. REVOCATIONS AND SURRENDERS

Dentistry

Todd M. Blinder; Dentist, Dental Anesthesia; 3130 Jasmine Court, Delray Beach, FL 33483; Lic. No. 033783, Cert. No. 000454; Cal. Nos. 17617, 17618; Application to surrender license to practice as a dentist and to surrender certificate to administer dental anesthesia granted. Summary: Licensee does not contest charges that he practiced dentistry and dental anesthesia while his practice was impaired by physical disability.

Oran W. Atkinson; 3919 Dyre Avenue, Bronx, NY 10466; Lic. No. 033253; Cal. No. 20207; Application to surrender license granted. Summary: Licensee admits to charge of practicing the profession of dentistry fraudulently by submitting false insurance claim forms certifying that work was performed when it was not.

Engineering and Land Surveying

Zayer Abbas Rizvi; Professional Engineer; 78-39 269th Street, New Hyde Park, NY 11040; Lic. No. 069846; Cal. No. 20098; Application to surrender license granted. Summary: Licensee does not contest charge of filing an application and a reconsideration for renovation of premises in Manhattan with the New York City Department of Buildings that did not represent the true condition of the premises at the time of the filing of the aforesaid documents.

Sheldon Lazan; Professional Engineer; 474 Skylark Drive, Cranbury, NJ 08512; Lic. No. 042690; Cal. No. 20342; Application to surrender license granted. Summary: Licensee admits to charge of having been convicted of Attempted Offering of a False Instrument for Filing in the Second Degree.

Massage Therapy

Michael Paul Sanders; 9 Walker Street, Newton, NJ 07860; Lic. No. 010219; Cal. No. 20299; Application to surrender license granted. Summary: Licensee admits to charge of having been convicted of Sexual Abuse in the Third Degree.

Nursing

Carey Ann Creeden; Registered Professional Nurse; 18 Second Street, Manhasset, NY 11030; Lic. No. 379354; Cal. No. 18360; Found guilty of professional misconduct; Penalty: Revocation, $2,000 fine.

Susan Anne Sherman; Registered Professional Nurse; 4 Brunswick Park Drive, Troy, NY 12180-6544; Lic. No. 372266; Cal. No. 19053; Found guilty of professional misconduct; Penalty: Revocation.

Ann M. Filkins; Licensed Practical Nurse; 9053 Main Street, Box 146, Pulteney, NY 14874; Lic. No. 226613; Cal. No. 20000; Application to surrender license granted. Summary: Licensee admits to charge of having been convicted of Grand Larceny in the Fourth Degree, a class E felony.

Thomas John Carroll; Registered Professional Nurse; 118 Syringa Street, Browns Mills, NJ 08015; Lic. No. 451961; Cal. No. 20221; Application to surrender license granted. Summary: Licensee admits to charge of having been convicted of Attempted Criminal Possession of a Controlled Substance in the Seventh Degree.

Ellamary Wyllie a/k/a Ella Mary Wyllie; Registered Professional Nurse, Nurse Practitioner; Lic. No. 113040, Cert. No. 360346; Cal. Nos. 20240, 20241; Application to surrender license and certificate granted. Summary: Licensee does not contest charges that she failed to adequately diagnose and treat a patient.

Richard D. Roll; Licensed Practical Nurse; Lic. No. 222402; Cal. No. 20257; Application to surrender license granted. Summary: Licensee admits to charges that he had been convicted of Use of a Child in a Sexual Performance, a New York class C felony and Sexual Exploitation of Children, a Federal class D felony.

Cecilia Barber Gettmann; Licensed Practical Nurse; 32 Woodlawn Avenue, Massena, NY 13662; Lic. No. 072591; Cal. No. 20270; Application to surrender license granted. Summary: Licensee admits to charge of having been convicted of Grand Larceny in the Fourth Degree, a class E felony.

Stephen A. Anderson; Registered Professional Nurse; 29 Treehaven Drive, Lockport, NY 14095; Lic. No. 383096; Cal. No. 20325; Application to surrender license granted. Summary: Licensee admits to charge of filing a fraudulent application for employment.

Psychology

Phyllis Malka Mendell; 232 Park Avenue, Huntington, NY 11743; Lic. No. 009574; Cal. No. 19080; Found guilty of professional misconduct; Penalty: Revocation.

Kenneth A. Weene; 4850 East Desert Cove Avenue, Scottsdale, AZ 85254; Lic. No. 005492; Cal. No. 19912; Application to surrender license granted. Summary: Licensee does not contest charges of practicing the profession with negligence on more than one occasion as a result of boundary violations.

Public Accountancy

Lawrence Kalkstein; Certified Public Accountant; 40 Albany Post Road, Montrose, NY 10548; Lic. No. 040260; Cal. No. 20354; Application to surrender license granted. Summary: Licensee admits to charges of being convicted of two counts of Grand Larceny in the Second Degree, a class C felony, two counts of Grand Larceny in the Third Degree, a class D felony, and two counts of Attempted Grand Larceny in the Third Degree, a class E felony.

Social Work

Norma J. Feldman; 321 Old Cedar Road, Hartsdale, NY 10530; Lic. No. 020793; Cal. No. 20243; Application to surrender license granted. Summary: Licensee does not contest charges that she, on more than one occasion, made a statement that a client had a blockage because of a demonic entity that had entered her client's body several lifetimes ago, had treated a couple that despite the fact that one of them had been a prior client and student, as well as incorrectly listing on the bill for professional services the number and type of sessions, and finally, putting a diagnosis of adjustment disorder where no diagnosis had been made.

II. OTHER REGENTS DISCIPLINARY ACTIONS

Chiropractic

Michael Joseph Renzulli a/k/a Michael Renzulli; 6 Brittany A, Delray Beach, FL 33446; Lic. No. 006353; Cal. No. 18800; Application for consent order granted; Penalty agreed upon: 5 year suspension, following service of suspension, probation 2 years subject to being reduced from a 2 year period of probation to a 1 year period of probation as set forth in consent order application.

J. Michael McMahon; P.O. Box 318, Esperance, NY 12066; Lic. No. 003233; Cal. No. 20166; Application for consent order granted; Penalty agreed upon: 3 year suspension.

Dentistry

F. James Carberry; 3 Kiley Lane, Queensbury, NY 12804; Lic. No. 043318; Cal. No. 20101; Application for consent order granted; Penalty agreed upon: Suspension until terminated as set forth in consent order application, probation 3 years to commence if and when return to practice, $1,000 fine.

Tamara L. Shvartsman; 35-60 74th Street, Jackson Heights, NY 11372; Lic. No. 038084; Cal. No. 20153; Application for consent order granted; Penalty agreed upon: 1 year suspension, execution of suspension stayed, probation 1 year, $1,000 fine.

Dietetics and Nutrition

Stella Yin; P.O. Box 992, FDR Station, New York, NY 10150; Lic. No. 001789; Cal. No. 19937; Application for consent order granted; Penalty agreed upon: 2 year suspension, execution of suspension stayed, probation 2 years, $2,500 fine, 100 hours of public service.

Engineering and Land Surveying

Neil B. Schmelkin; Professional Engineer; 6 Surrey Road, Great Neck, NY 11020; Lic. No. 068259; Cal. No. 17881; Application for consent order granted; Penalty agreed upon: Censure and Reprimand, $1,000 fine.

Frank Rapant, Jr.; Professional Engineer, Land Surveyor; 2104 Helderberg Avenue, Schenectady, NY 12306; Lic. Nos. 032135, 032135; Cal. Nos. 20051, 20052; Application for consent order granted; Penalty agreed upon: 2 year suspension, execution of suspension stayed, probation 2 years, $2,000 fine.

Nursing

Mary E. O�Brien; Registered Professional Nurse; 216 7th Street, St. James, NY 11780; Lic. No. 277518; Cal. No. 19072; Dismissed.

Deanna L. Butler; Licensed Practical Nurse; 6 Gordon Parkway, Syracuse, NY 13219; Lic. No. 258462; Cal. No. 19341; Found guilty of professional misconduct; Penalty: 3 year suspension, execution of last 2 years of suspension stayed, probation 2 years.

Marie L. Montina; Licensed Practical Nurse, Registered Professional Nurse; 1290 Ocean Avenue, Brooklyn, NY 11230; Lic. Nos. 183716, 475754; Cal. Nos. 19743, 19742; Found guilty of professional misconduct; Penalty: Licensed Practical Nurse - Censure and Reprimand, 2 month suspension, execution of suspension stayed; Registered Professional Nurse - No penalty be imposed.

Marie Louise Huther; Registered Professional Nurse; 3647 Tanner Road, Syracuse, NY 13215; 63 East Utica Street, Oswego, NY 13126; Lic. No. 401627; Cal. No. 19921; Found guilty of professional misconduct; Penalty: Suspension for at least 3 months and until terminated as set forth in Regents Review Committee report � upon termination of suspension, probation 2 years to commence if and when return to practice.

Maryann Frey; Licensed Practical Nurse, Registered Professional Nurse; P.O. Box 936, Hunter, NY 12442; Lic. Nos. 158637, 379650; Cal. Nos. 20290, 20291; Application for reconsideration granted; prior determination of Board of Regents, dated November 10, 2000 and Order of Deputy Commissioner for the Professions, dated November 10, 2000 each be vacated and the statement of charges in the disciplinary proceeding under Calendar numbers 18377 and 18378 be dismissed.

Crystal Marie Folsom a/k/a Crystal Amo; Registered Professional Nurse; 215 Montgomery Street, Ogdensburg, NY 13669; Lic. No. 479455; Cal. No. 18217; Application for consent order granted; Penalty agreed upon: 2 year suspension, execution of last 18 months of suspension stayed, probation 2 years, $2,500 fine.

John Charles Simonelli; Registered Professional Nurse; 127 Kimberly Anne Drive, Rochester, NY 14606; Lic. No. 462494; Cal. No. 19398; Application for consent order granted; Penalty agreed upon: Suspension for no less than 6 months and until terminated as set forth in consent order application � upon termination of suspension, probation 2 years to commence upon return to practice, $500 fine.

Varnaie Keturah Ferguson; Licensed Practical Nurse, Registered Professional Nurse; 308 East 176th Street, Bronx, NY 10457; Lic. Nos. 157353, 366941; Cal. Nos. 19506, 19505; Application for consent order granted; Penalty agreed upon: Censure and Reprimand, probation 1 year, $500 fine.

Marilyn Wagner; Registered Professional Nurse, Nurse Practitioner; P.O. Box 325, Syracuse, NY 13201; Lic. No. 290639, Cert. No. 380796; Cal. Nos. 19690, 20165; Application for consent order granted; Penalty agreed upon: 2 year suspension, execution of last 21 months of suspension stayed, probation 24 months, $500 fine.

Irene Olker Cashmore; Licensed Practical Nurse; 652 West End Drive, Medford, NY 11763; Lic. No. 191051; Cal. No. 19700; Application for consent order granted; Penalty agreed upon: Suspension until terminated as set forth in consent order application - upon termination of suspension, probation 2 years.

Karen Ann D�Angelo; Registered Professional Nurse; 319 Exchange Street, Endicott, NY 13760; Lic. No. 313905; Cal. No. 19902; Application for consent order granted; Penalty agreed upon: 2 year suspension, execution of suspension stayed, probation 2 years, $500 fine.

Anders Johnson Barlow; Licensed Practical Nurse; 240 Euclid Avenue, Kenmore, NY 14217; Lic. No. 231498; Cal. No. 19946; Application for consent order granted; Penalty agreed upon: 2 year suspension, execution of suspension stayed, probation 2 years to commence upon return to practice, $500 fine.

Joanne McMahon; Licensed Practical Nurse; 574 Sixth Avenue, Troy, NY 12182; Lic. No. 257990; Cal. No. 19986; Application for consent order granted; Penalty agreed upon: 2 year suspension, execution of suspension stayed, probation 2 years, $500 fine.

Theresa Bickell; Licensed Practical Nurse; 1795 Osborne Avenue, Riverhead, NY 11901; Lic. No. 237771; Cal. No. 20011; Application for consent order granted; Penalty agreed upon: 2 year suspension, execution of suspension stayed, probation 2 years, $500 fine.

Diane Sarel Warner; Registered Professional Nurse; 256-08 Hillside Avenue, Floral Park, NY 11004; Lic. No. 372093; Cal. No. 20061; Application for consent order granted; Penalty agreed upon: 2 year suspension, execution of suspension stayed, probation 2 years, $500 fine.

Barbara Ruth Cherlin; Licensed Practical Nurse, Registered Professional Nurse; 205 East 95th Street, New York, NY 10128; Lic. Nos. 134569, 328288; Cal. Nos. 20081, 19904; Application for consent order granted; Penalty agreed upon: 2 year suspension, execution of suspension stayed, probation 2 years, $2,500 fine.

Deborah Michelle Rollerson; Licensed Practical Nurse; 120 Menahan Street, Brooklyn, NY 11221; Lic. No. 255876; Cal. No. 20093; Application for consent order granted; Penalty agreed upon: 2 year suspension, execution of suspension stayed, probation 2 years, $250 fine.

Maria Denise Murphy; Registered Professional Nurse; 22 Entress Drive, Rochester, NY 14624; Lic. No. 460670; Cal. No. 20102; Application for consent order granted; Penalty agreed upon: Suspension until terminated as set forth in consent order application � upon termination of suspension, probation 2 years to commence upon return to practice, $750 fine.

Jane Gobaton Menke; Registered Professional Nurse; 53 Bell Street, Valley Stream, NY 11580; Lic. No. 475450; Cal. No. 20103; Application for consent order granted; Penalty agreed upon: Censure and Reprimand, probation 1 year.

Linda Jane Cota a/k/a Linda Zolan Cota; Licensed Practical Nurse, Registered Professional Nurse; 2086 Grove Street, Baldwin, NY 11510; Lic. Nos. 059501, 459721; Cal. Nos. 20118, 20119; Application for consent order granted; Penalty agreed upon: 2 year suspension, execution of suspension stayed, probation 2 years, $500 fine.

Shelly L. Garcia; Licensed Practical Nurse; 580 Twilight Trail, Deming, NM 88030; Lic. No. 206530; Cal. No. 20152; Application for consent order granted; Penalty agreed upon: 2 year suspension, execution of last 23 months of suspension stayed, probation 2 years to commence upon return to practice, $250 fine.

Judith Nussbaum; Registered Professional Nurse; 84 Jockey Hill Road, Kingston, NY 12401; Lic. No. 151199; Cal. No. 20160; Application for consent order granted; Penalty agreed upon: 2 year suspension, execution of suspension stayed, probation 2 years, $500 fine.

Suzanne Carroll Mason; Licensed Practical Nurse; 163 Baxton Circle, Rochester, NY 14625; Lic. No. 078940; Cal. No. 20164; Application for consent order granted; Penalty agreed upon: 1 year suspension, execution of suspension stayed, probation 1 year, $250 fine.

Pamela Jane Rathburn a/k/a Pamela Rathburn-Ray; Licensed Practical Nurse, Registered Professional Nurse, Nurse Practitioner; 89 Landing Road, Miller Place, NY 11764; Lic. Nos. 168447, 371749, Cert. No. 360369; Cal. Nos. 20226, 20227, 20068; Application for consent order granted; Penalty agreed upon: 2 year suspension, execution of suspension stayed, probation 2 years, $750 fine.

Debra Lynn Panek; Registered Professional Nurse; 2180 Hobblebush Lane, Lake View, NY 14085; Lic. No. 308472; Cal. No. 20246; Application for consent order granted; Penalty agreed upon: 24 month suspension, execution of last 23 months of suspension stayed, partial suspension in certain area until terminated as set forth in consent order application, probation 2 years.

Joselyne Louissaint; Licensed Practical Nurse; 390 East 18th Street, Brooklyn, NY 11226; Lic. No. 150489; Cal. No. 19122; Application for consent order granted; Penalty agreed upon: 24 month suspension, execution of last 21 months of suspension stayed, probation 2 years.

Claudette Laguerre; Licensed Practical Nurse; 145-84 224th Street, Rosedale, NY 11413; Lic. No. 226062; Cal. No. 19128; Application for consent order granted; Penalty agreed upon: 24 month suspension, execution of last 21 months of suspension stayed, probation 2 years.

Antonia Jean-Paul a/k/a Antonia Morinville; Licensed Practical Nurse; 1216 East 84th Street, Brooklyn, NY 11236; Lic. No. 232513; Cal. No. 19129; Application for consent order granted; Penalty agreed upon: 24 month suspension, execution of last 21 months of suspension stayed, probation 2 years.

Yolette Claude a/k/a Yolette Dessources a/k/a Yolette Olophrene; Licensed Practical Nurse, Registered Professional Nurse; 63 Glenmalure Street, Amityville, NY 11701; Lic. Nos. 203702, 503784; Cal. Nos. 19210, 20082; Applications for consent orders granted; Penalties agreed upon: Licensed Practical Nurse - 24 month suspension, execution of last 21 months of suspension stayed, probation 2 years; Registered Professional Nurse - Annulment of registered professional nurse license.

Pharmacy

Chettra B. Thapa; 42 Chardonnay Drive, Fairport, NY 14450; Lic. No. 037329; Cal. No. 19518; Application for consent order granted; Penalty agreed upon: Censure and Reprimand, $1,000 fine.

William George Jarzyna; 6055 Margaret Ann, Lakeview, NY 14085; Lic. No. 042887; Cal. No. 19538; Application for consent order granted; Penalty agreed upon: Censure and Reprimand, $1,000 fine.

Robert Michael Wojton; 10395 Bergtold Road, Clarence, NY 14031; Lic. No. 040073; Cal. No. 19539; Application for consent order granted; Penalty agreed upon: Censure and Reprimand, $1,000 fine.

Michael Anthony Panasci; 2316 East Lake Road, Skaneateles, NY 13152; Lic. No. 042328; Cal. No. 19542; Application for consent order granted; Penalty agreed upon: Censure and Reprimand, $2,500 fine.

Patricia Marie Inserra; 455 North Summerhaven Drive, East Syracuse, NY 13057; Lic. No. 038707; Cal. No. 19543; Application for consent order granted; Penalty agreed upon: Censure and Reprimand, $2,500 fine.

NCS Healthcare of New York, Inc. d/b/a NCS Healthcare; Pharmacy; 4 British American Boulevard, Latham, NY 12110; Reg. No. 023595; Cal. No. 19551; Application for consent order granted; Penalty agreed upon: 1 year suspension, execution of suspension stayed, $30,000 fine.

Arthur Melvyn Weinstein; 1016 Bellview Road, McLean, VA 22102; Lic. No. 025686; Cal. No. 19842; Application for consent order granted; Penalty agreed upon: 18 month suspension.

NCS Healthcare of New York, Inc. d/b/a NCS Healthcare, Buffalo; Pharmacy; 2470 Walden Avenue, Buffalo, NY 14255; Reg. No. 023590; Cal. No. 19949; Application for consent order granted; Penalty agreed upon: 1 year suspension, execution of suspension stayed, $15,000 fine.

NCS Healthcare of New York, Inc. d/b/a NCS Healthcare, Syracuse; Pharmacy; 621 East Brighton Avenue, Syracuse, NY 13205; Reg. No. 023592; Cal. No. 19950; Application for consent order granted; Penalty agreed upon: 1 year suspension, execution of suspension stayed, $15,000 fine.

Jeffrey D. Sears; 9463 Sessions Road, Sauquoit, NY 13456; Lic. No. 038919; Cal. No. 19951; Application for consent order granted; Penalty agreed upon: 1 year suspension, execution of suspension stayed, $2,500 fine.

NCS Healthcare of New York, Inc. d/b/a NCS Healthcare, Hartford; Pharmacy; 8378 Seneca Turnpike, New Hartford, NY 13413; Reg. No. 023591; Cal. No. 19953; Application for consent order granted; Penalty agreed upon: 1 year suspension, execution of suspension stayed, $15,000 fine.

Richard K. McCann; 17 Sixth Street, Hudson Falls, NY 12839; Lic. No. 031434; Cal. No. 19968; Application for consent order granted; Penalty agreed upon: 3 year suspension, execution of last 2 years of suspension stayed, probation 3 years, $2,500 fine.

McCann Drug Co. Inc.; Pharmacy; 166 Main Street, Hudson Falls, NY 12839; Reg. No. 014729; Cal. No. 19969; Application for consent order granted; Penalty agreed upon: $2,500 fine, probation 3 years.

Bart Robert Psaila; 2 Greenwood Park, Pittsford, NY 14534; Lic. No. 021716; Cal. No. 20146; Application for consent order granted; Penalty agreed upon: 24 month suspension, execution of last 12 months of suspension stayed, probation 2 years, $1,000 fine.

Irina Abrams; 27 East 65th Street, New York, NY 10021; Lic. No. 044648; Cal. No. 20213; Application for consent order granted; Penalty agreed upon: 2 year suspension, execution of last 12 months of suspension stayed, probation 2 years, $10,000 fine.

Diane R. Mussalli a/k/a Diane R. Miltakis; 199-22 28th Avenue, Auburndale, NY 11358; Lic. No. 046158; Cal. No. 20233; Application for consent order granted; Penalty agreed upon: $1,500 fine, probation 2 years.

Podiatry

William R. Pennamacoor; 2 Willett Street, Fort Plain, NY 13339; Lic. No. 003111; Cal. No. 19889; Application for consent order granted; Penalty agreed upon: 1 year suspension, probation 2 years to commence upon return to practice, $1,000 fine.

Psychology

Vera Ann Olson; 41 West 74th Street, New York, NY 10023; Lic. No. 010661; Cal. No. 20194; Application for consent order granted; Penalty agreed upon: 1 month suspension, $5,000 fine, the Order to issued in this matter is independent of and shall not supersede Order No. 17855 as set forth in consent order application.

Public Accountancy

Sklar, Heyman & Company, LLP, Public Accountancy Partnership; 500 Bedford Avenue, Bellmore, NY 11710; Reg. No. 46249; Cal. No. 19927; Application for consent order granted; Penalty agreed upon: $10,000 fine.

Social Work

Sharon Anne Delconte; 114 Kristin Road, North Syracuse, NY 13212; Lic. No. 026379; Cal. No. 19770; Application for consent order granted; Penalty agreed upon: Censure and Reprimand, probation 1 year, $1,500 fine.

Kelly Ann Eulner; 96 Rocklyn Avenue, Lynbrook, NY 11563; Lic. No. 049111; Cal. No. 20026; Application for consent order granted; Penalty agreed upon: 24 month suspension, execution of last 21 months of suspension stayed, probation 2 years.

Veterinary Medicine

Michael J. Halstead; 291 Scarawan Road, Stone Ridge, NY 12484; Lic. No. 006885; Cal. No. 20124; Application for consent order granted; Penalty agreed upon: 1 year suspension, execution of suspension stayed, probation 1 year, $1,000 fine.