SUMMARY OF THE January MEETING

OF THE BOARD OF REGENTS

OF

THE UNIVERSITY OF THE STATE OF NEW YORK




Held at the State Education Building
Albany, New York


January 12, 2004



David Johnson, Secretary
Board of Regents


THE BOARD OF REGENTS

 

            The Board of Regents of The University of the State of New York held two public sessions on Monday, January 12, at 9:00 a.m. and 3:00 p.m. pursuant to a call duly sent to each Regent.

MEETING OF THE FULL BOARD, January 12, 2004, 9:00 a.m.

Board Members in Attendance:

Adelaide L. Sanford
Diane McGivern
Saul B. Cohen
James C. Dawson
Robert M. Johnson
Anthony S. Bottar
Merryl H. Tisch
Geraldine D. Chapey
Arnold B. Gardner
Joseph E. Bowman, Jr.
Lorraine Cortés-Vázquez

            Also present were the President of The University and Commissioner of Education, Richard P. Mills, Chief of Staff and the Counsel and Deputy Commissioner for Legal Affairs, Kathy A. Ahearn, and the Secretary, Board of Regents, David Johnson. Chancellor Robert M. Bennett, Regents Harry Phillips, 3rd, James R. Tallon, Jr. and Milton L. Cofield were absent and excused.

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

ACTION ITEMS

Proposed Amendment to the Rules of the Board of Regents Relating to the Appointment of a Chief of Staff and a Chief Operating Officer

BR (A) 2

          The purpose of the proposed amendment is to provide for the appointment of a chief of staff; to specify the duties of the chief of staff and the chief operating officer; and to designate the chief of staff as the deputy commissioner of education as specified in Education Law section 101, who, in the absence or disability of the Commissioner or when a vacancy exists in the office of Commissioner, shall exercise and perform the functions, powers and duties of the Commissioner.

          MOVED,  that sections 3.8 and 3.9 of the Rules of the Board of Regents be amended, as submitted, effective January 16, 2004, as an emergency action upon a finding by the Board of Regents that such action is necessary for the preservation of the general welfare to ensure that the amendment remains continuously in effect until the effective date of its adoption as a permanent rule, and

 

          MOVED, that sections 3.8 and 3.9 of the Rules of the Board of Regents be amended, as submitted, effective February 5, 2004.

 

Motion by:                        Regent James C. Dawson
Seconded by:                  Regent Joseph E. Bowman, Jr.
Action:                               Motion carried unanimously

                        

Summary of the December 2003 Meeting

BR (A) 3

 

         MOVED,  that the Summary of the December 2003 Meeting of the Board of Regents of The University of the State of New York be approved with the following amendment to the report of the Regents Committee on Higher Education, All Committee members were present except for Regent Arnold B. Gardner, who was excused from the Committee's Executive Session.

 

Motion by:                          Regent Joseph E. Bowman, Jr.
Seconded by:                    Regent Robert M. Johnson
Action:                                 Motion carried unanimously

  

State Education Department December 2003 Fiscal Report

BR (A) 4

          The Board received the December 2003 Fiscal Report for review and acceptance.

 

          General fund and federal accounts are in structural balance.  With one exception, all revenue accounts are in balance, allowing for normal reimbursement delays and the planned use of prior year balances.  The exception is the Office of the Professions where the imbalance this year will be corrected in the next fiscal year through increased fee revenue or reduced expenditures.

         MOVED,  that the Board of Regents accept the December 2003 State Education Department Fiscal Report as presented.

 

 

Motion by:                             Regent Saul B. Cohen
Seconded by:                       Regent Joseph E. Bowman, Jr.
Action:                                    Motion carried unanimously

 

 

DISCUSSION ITEM

Commissioner's Report to the Board of Regents

 

          The Commissioner's written monthly report focused on nine subject areas the Board was scheduled to vote upon or discuss during the monthly meeting:  Schools Under Registration Review (SURR) Report; Implementation of No Child Left Behind Act; Conceptual Framework for Middle-Level Reform Strategy; Key Performance Indicators for VESID; Year IV Standards Implementation Study; New Chartering Standards and Process for Museums and Historical Societies; Statewide Plan for Higher Education; Comprehensive Planning and Shared Decision Making; and, Higher Education Survey.         

 

           

MEETING OF THE FULL BOARD, January 12, 2004, 3:00 p.m.

Board Members in Attendance:

Adelaide L. Sanford
Diane McGivern
Saul B. Cohen
Robert M. Johnson
Anthony S. Bottar
Merryl H. Tisch
Geraldine D. Chapey
Arnold B. Gardner
Joseph E. Bowman, Jr.
Lorraine Cortés-Vázquez

            Also present were the President of The University and Commissioner of Education, Richard P. Mills, Chief of Staff and the Counsel and Deputy Commissioner for Legal Affairs, Kathy A. Ahearn, and the Secretary, Board of Regents, David Johnson. Chancellor Robert M. Bennett, Regents James C. Dawson, Harry Phillips, 3rd, James R. Tallon, Jr. and Milton L. Cofield were absent and excused.

            Vice Chancellor Sanford called the meeting to order at 3:00 p.m.

DISCUSSION ITEMS

Concerns Related to the Implementation of the No Child Left Behind Act (NCLB)

BR (D) 1

          In January 2002, the federal No Child Left Behind (NCLB) Act, reauthorizing the Elementary and Secondary Education Act, was signed into law.  The State has received a number of benefits from NCLB; however, there are also several provisions of the legislation that continue to be of concern to New York and other states.

 

         The Board received a report identifying the concerns and recommended strategies for resolution.  These concerns are related to:  teachers and paraprofessionals; students with disabilities; English language learners; persistently dangerous schools; supplemental educational services; and, accountability system for high schools.

 

Schools Under Registration Review (SURR)

BR (D) 2

          The Board received a report analyzing the performance of current and former SURR schools during the 2002-2003 school year, drawing attention to some of the important trends in SURR schools, and highlighting the strengths of the process and opportunities for improvement.

 

          The review has resulted in the identification of opportunities for improvement in the process, including:  accelerating the identification of SURRs; incorporating special schools into the SURR process; strengthening the redesign and closure processes; expanding on-line professional development; utilizing scientifically-based research curriculum models; and, further integration of SURR and NCLB.

 

          In discussion, Board members commented that confidence in the process is undermined when successor schools are identified as SURRs and also that there are additional challenges that will be identified.


STANDING COMMITTEE REPORTS

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

Motion by:
                                Regent Robert M. Johnson
Seconded by:                          Regent Joseph E. Bowman, Jr.
Action:
                                      Motion carried unanimously

          During discussion of the Standing Committee Reports, Regent Arnold B. Gardner submitted two resolutions relating to charter school deliberations for consideration.  The Board agreed that these resolutions, focusing on a statement of the cumulative fiscal impact upon a local school district by an applicant and the establishment of methods of achieving valid methodologies to measure academic progress for students in charter schools and those in the schools of the districts of location, will be discussed in the Elementary, Middle, Secondary and Continuing Education-Vocational and Educational Services for Individuals with Disabilities Committee in February.

 

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


            Your EMSC-VESID Committee held its scheduled meeting on January 12, 2004.  Regent Tallon was absent and excused.

 

ACTION ITEMS

 

Charter Applications

 

 

Charter Schools

 

 

 

MATTERS NOT REQUIRING BOARD ACTION

 

Revision of strategic plan key performance indicators for the Office of Vocational and Educational Services for Individuals with Disabilities  [EMSC-VESID (D) 1]

 

Vice Chancellor Sanford requested more data on the number and trends of classification by categories of disability.

 

Year IV Standards Implementation Study--The Effect of Raising Learning Standards in New York State Public Schools for English Language Arts, Mathematics and Career Development and Occupational Studies  [EMSC-VESID (D) 2]

 

The Committee asked for more detail on the need to help schools integrate Career Development and Occupational Studies standards into core curriculum areas.  The Committee also asked for an interim report on implementation of the Regents policy on career and technical education, prior to the policy review scheduled in November 2004.  Staff will determine when pertinent data will be available so that the interim report can be scheduled.  Vice Chancellor Sanford requested an analysis of parent comments received as part of the study.  The Committee determined that the suggested actions to address the findings of the study should be categorized (implementation issue that deviates from policy direction, consideration in revision to policy, and implication for future policy decision) and that the Board determine in what venue (Quality Committee, Regents retreat, etc.) it will use this information for follow-up discussion.

 

Policy review of comprehensive planning requirements [EMSC-VESID (D) 3]

 

The Committee requested talking points for legislative advocacy on implementation of the Department's recommendations on plan consolidation and mandate relief.

 

Conceptual framework for middle-level reform strategy  [EMSC-VESID (D) 4]

 

The Committee requested that staff develop for the February meeting options with pros and cons of models for implementation of the Regents Policy Statement on Middle-Level Education.  Suggestions for clarifying or expanding the comments received from field input included:  emphasizing the importance of linkages to elementary and high school levels; identifying the role of higher education institutions in providing professional development for teachers; addressing the needs of English language learners beyond just providing intensive English language instruction; more specifically reflecting the comments received from students; and specifying that teachers support non-core subjects being taught in grades 7 and 8, while school administrators support flexibility to provide instruction in the non-core subjects across grades 5-8.  It was suggested that the Regents identify the goal behind driving change to improve performance in the middle grades, determine what is needed to make opportunities available so that an integrated curriculum will become part of middle-level programs, take the time needed to make their decision due to the complexity of issues, address other issues like leadership ability and the preparation of teachers, and consider developing grade-by-grade curriculum in other subject areas besides English language arts and math.  A paper on student comments on middle-level education will be shared with Board members.

 

Public reaction to alternative approaches to implementation of the Regents Policy Statement on Middle-Level Education  [EMSC-VESID (I) 1]

 

Other Item(s):

 

The Committee requested that a report on the status of implementing the student identifier system be added to the February agenda and that information be provided on how districts will be selected to participate in the pilot.

 

 

REGENTS COMMITTEE ON HIGHER EDUCATION AND PROFESSIONAL PRACTICE

 

            Your Committee on Higher Education and Professional Practice held its scheduled meeting on January 12, 2004.  All members of the Committee were present, except Regent Harry Phillips, 3rd, and Regent Milton L. Cofield, who were excused.  Regent Arnold B. Gardner was present during the public session, and was excused from the executive session.   

 

                                                                ACTION ITEMS

 

Professional Discipline Cases

 

            Your Committee recommends that the reports of the Regents Review Committees, including rulings, findings of fact, determinations as to guilt, and recommendations, by unanimous or majority vote, contained in those reports which have been distributed to you, be accepted in 5 cases.  In addition, your Committee recommends, upon the recommendation of the Committee on the Professions, that 25 consent order applications and 5 surrender applications be granted.
 

            These recommendations are made following the review of 35 cases involving seven licensed practical nurses, six registered professional nurses, five dentists, four pharmacists, two certified social workers, two chiropractors, two licensed practical nurses who are also registered professional nurses, two podiatrists, one certified public accountant, one dental professional corporation, and one psychologist.

 

Approvals

 

Your committee recommends that section 64.7 of the Regulations of the Commissioner of Education relating to Execution by Registered Professional Nurses on Non-patient Specific Orders to Administer Purified Protein Derivative (PPD) Mantoux Tuberculin Skin Tests be amended, as submitted, effective February 4, 2004.  [HE & PP (A) 1]

 

Approval of Consent Agenda Items

 

      Your Committee recommends that the request for an amendment to the absolute charter of the Institute of Allied Medical Professions be withdrawn.  It will be resubmitted for consideration at a future meeting.  [BR (A) 1]

 

      Your Committee recommends that the Regents approve an amendment to the absolute charter of Medaille College to authorize the college to award the degree of Master of Arts (M.A.) at its branch campus in Brighton, Monroe County.  [BR (A) 1]

 

      Your Committee recommends that the Regents authorize the State University of New York Board of Trustees, effective January 12, 2004, to confer the degree of Bachelor of Fine Arts (B.F.A.) on students successfully completing registered programs at the State University College at Potsdam.  [HE & PP (CA) 1]

 

      Your Committee recommends that the Regents grant permission to The Southern Baptist Theological Seminary, Louisville, Kentucky, to offer courses from its Master of Divinity (M.Div.) program, effective January 12, 2004, and ending on January 31, 2009.  [HE & PP (CA) 2]

 

      Your Committee recommends that the Regents authorize The City University of New York Board of Trustees, effective January 12, 2004, to confer the Bachelor of Science (B.S.) degree in health services administration on students successfully completing the registered program at New York City College of Technology.  [HE & PP (CA) 3]

 

      Your Committee recommends that the Regents approve the Report of the Committee on the Professions regarding Licensing Petitions  [HE & PP (CA) 4)]

 

 

MATTERS NOT REQUIRING BOARD ACTION

 

·        Recommendations from the Math A Panel Relating to Teacher Pre-Service and In-Service Education  [HE & PP (D) 1]

 

The Committee discussed with staff the recommendations relating to teacher pre-service and in-service education in mathematics made by the Independent Panel on Math A at the September 2003 meeting of the Board of Regents.  Staff described how the Math A panel recommendations complement the work of the Regents Task Force on Teaching.  An independent research project to measure student outcomes of teachers prepared under new Regents policy will assist the Department in evaluating the effectiveness of this policy.  Staff also described how the Math A panel recommendations have been shared with the field and suggested next steps for considering these recommendations.

 

·        Statewide Plan for Higher Education, 2004-2012: Next Steps  [HE & PP (D) 2]

 

The Committee was provided an update on what has been developed to date relating to the Statewide Plan for Higher Education and the remaining steps that need to be completed, along with a projected timetable for completion.

 

·        Results of the 2003 Survey of the Higher Education Community  [HE & PP (D) 3]

 

The Committee discussed the results of the 2003 Survey of the Higher Education Community that revealed that the field responded well to the work of the Board of Regents and the Department over the past year.

 

·    Gamla College

 

Deputy Counsel gave a quick update on the status of the Gamla College appeal regarding institutional accreditation.

 


REGENTS COMMITTEE ON CULTURAL EDUCATION

 

            Regent James C. Dawson, Chair of the Committee on Cultural Education, presented on behalf of the Committee the following written report:

 

            Your Committee on Cultural Education had its scheduled meeting on January 12, 2004 in Room 146, State Education Building.  Regent Bowman and Regent Johnson were present.  Regent Cortés-Vázquez and Regent Tallon were absent.

 

ACTION ITEMS

 

            Your Committee reviewed the summary recommendations with respect to charter applications.  Items listed under Cultural Education were recommended for approval.

 

  

MATTERS NOT REQUIRING BOARD ACTION

 

Proposed Standards for Chartering Museums and Historical Societies.  The Director of the Museum Association of New York (MANY), Anne Ackerson and Board President, Nick Westbrook, led the discussion.  Kristen Herron from the New York Council on the Arts (NYSCA) participated via conference phone and indicated her pleasure at the collaboration among NYSCA, Office of Cultural Education and MANY.  Ms. Ackerson gave an overview of the draft standards for chartering museums and historical societies that fall into six categories:

·        Organization;

·        Mission;

·        Governance;

·        Administration, Human Resources, Finance and Facilities;

·        Collections Stewardship; and

·        Education, Interpretation and Presentation.

 

This initiative includes:  Standards Development; Trustee Training; Peer Review; Data Collection and Dissemination; and, the Chartering Program. 

 

Major highlights of the discussion included:

·        Your committee's conceptual agreement with the document.

·        Concern that Regulations need to be both general (i.e., similar to executive summary of the document) and sufficiently specific to be applied when necessary.

 

Other items discussed included:

·        Statutory authority to accommodate new standards especially as they relate to institutions already having an absolute charter.

·        Staffing of both Cultural Education and Office of Counsel to provide necessary services for this initiative.

·        Implications for those institutions currently holding provisional charters for many years.

 

Next steps include:

·        Draft Regulations based on the standards

·        Garner feedback from the field

·        post on SED website for comments

·        invite Regents to New York State Historical Society conference in April to discuss draft standards with conference participants

·        elicit comments from institutions currently holding provisional charters

·        Return to CE Committee in June

·        Re-post on SED website for further public comment

·        Return to Full Board in September for approval

 

Regents Advocacy Plan for Libraries.  Janet Welch distributed Regents talking points for use in advocacy efforts for New Century Libraries.  Your committee discussed the importance of focusing on the link among libraries, school equity and student performance.  Members of your committee commended staff for the excellent talking points.  They suggested staff provide access to research studies that support the data.  Committee members discussed ways of integrating the New Century Library initiatives with the Regents overall advocacy plan.

 

         Regent Dawson announced Judith Rubin's resignation from the Board of Regents effective December 31, 2003.  Regent Dawson will send a note to Regent Rubin thanking her for her service as Vice-Chair to the Committee.



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 January 12, 2004. Vice Chair Cortés-Vázquez and Regent Bowman were present.  Vice Chancellor Sanford also attended.

 

ACTION ITEMS

 

No items were recommended for formal approval by the Regents.

 

MATTERS NOT REQUIRING BOARD ACTION

 

The Committee discussed two items:

 

l      Your Committee continued its conversation about the creation of the USNY Technology Policy and Practices Council.  The Committee:

 

ü      Underscored the importance of keeping the charge highly focused on the original goals outlined for the Council; that is, mapping the technology assets of USNY institutions and recommending strategies for using those assets to accelerate closing the performance gap in student achievement.

 

ü      Agreed that the Council’s charge should include specific deliverables that are produced by summer or early fall 2004.  Completing its work within this timeframe will permit the USNY Convocation planners to incorporate the Council’s results into the agenda for the November 2004 event.

 

ü      Asked that Regent Bowman and Department staff compile a list of potential Council members.  This list would be shared with all Regents, along with a revised statement of the Council’s charge, before the next Board meeting. Individual Regents may then offer additional names for consideration.   In February, the Quality Committee will ask the full Board to take action on both the charge and the membership roster.

 

ü      Supported the proposal to convene a small group of technology experts to assist the Department in defining the scope of, and the most appropriate design for, the survey of USNY technology assets.  This group may also be invited to help the Department refine the charge of the Council.

 

 

l      Your Committee reviewed the status report on soliciting membership for the Convocation Planning Committee. Based on this discussion, your Committee recommends the following:

 

ü      Staff should contact additional potential Committee members to ensure that the diversity of USNY institutions be represented fully. 

 

ü      The Committee Chair and Co-Chair should work with Department staff to identify promptly the appropriate Co-Chairs for the Planning Committee. The Co-Chairs should have demonstrated success in working across institutional boundaries within USNY and are skillful in bringing together groups with diverse memberships.

 

ü      Staff should plan to provide Planning Committee members with briefing materials prior to the first meeting.   These materials could include:  paper on the history of USNY, the Commissioner’s pamphlet on the potential of the University, and a summary of the Regents vision for the Convocation.

 

ü      The convocation planners should discuss various methods for disseminating the Convocation proceedings including broadcasting on public television, cable television, or on the internet.

 



APPENDIX I

 

NEW YORK STATE BOARD OF REGENTS

CHARTER ACTIONS

JANUARY 12, 2004


PRATTSBURGH FREE LIBRARY
.  An application having been made by and on behalf of the trustees of Prattsburgh Free Library, for its provisional charter to be extended, it was

            Voted, that the provisional charter of Prattsburgh Free Library, an association library located in Prattsburgh, and serving the town of Prattsburgh, county of Steuben, state of New York, which was granted by action of the Board of Regents on July 28, 1978; which provisional charter was extended by Regents action on January 18, 1989 and September 20, 1996 be, and the same hereby is, extended until January 12, 2009; 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 January 12, 2009 and upon notice by the Regents, such provisional charter shall terminate and become void and shall be surrendered to the Regents.

 

LONG BEACH ISLAND LANDMARKS ASSOCIATION

            Voted, that

            1.         A certificate of incorporation is granted incorporating Joseph Marron, Alexandra Karafinas, Martha Ross, Phillipa Gerstenblett, Carolyn Alvarado and their associates and successors as an education corporation under the corporate name of Long Beach Island Landmarks Association, located in Long Beach, county of Nassau, state of New York.

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

a.         To encourage the suitable marking of places of historic interest on Long Beach Island;

b.         To acquire endangered structures and sites;

c.         To list sites and structures on the National Register of Historic Places;

d.         To establish appropriate historic districts;

e.         To sponsor educational programs to encourage individuals and others to landmark their property;

f.          To preserve and protect the built environment of Long Beach Island, including historic neighborhoods, landmarked buildings, structures, parks, streetscapes, and sites;

g.         To raise public awareness and promote the preservation and appreciation of the built environment through research and scholarship, organized cultural activities, public programs, events and lectures, membership and design technical assistance services;

h.         To coordinate programs and events within the City of Long Beach with the Long Beach Historical and Preservation Society; and

i.          To promote and foster cooperation among other societies.

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:

                                    Joseph Marron

730 East Olive Street

Long Beach, New York 11561

 

Alexandra Karafinas

84 East Olive Street

Long Beach, New York 11561

 

Martha Ross

151 West Penn Street

Long Beach, New York 11561

 

Phillipa Gerstenblett

111 Wilson Avenue

Long Beach, New York 11561

 

Carolyn Alvarado

257 West Olive Street

Long Beach, New York 11561

 

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

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

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

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

            9.         The principal office of the corporation shall be located at 151 West Penn Street, Long Beach, New York 11561.

            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.

 

CATHERINE MCAULEY HIGH SCHOOL.  An application having been made by and on behalf of the trustees of Catherine McAuley High 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 Catherine McAuley High School, located in Brooklyn, county of Kings, state of New York, which was granted by action of the Board of Regents on December 15, 2000; which provisional charter was amended on March 19, 2002 be, and the same hereby is, amended to delete authority to operate grades seven and eight and, as so amended, the same be, and hereby is, made absolute.

 

BIG APPLE EDUCATIONAL CENTER.  An application having been made by and on behalf of the trustees of the Big Apple Educational Center, for its provisional charter to be amended, it was

            Voted, that the provisional charter of the Big Apple Educational Center, located in Brooklyn, county of Kings, state of New York, which was granted by action of the Board of Regents on September 17, 1999; which provisional charter was amended and extended on November 9, 2001 and further amended on April 23, 2002 be, and the same hereby is, amended to add authority for the corporation to also operate at 503-507 Lake Street, Brooklyn, New York 11223.

 

HIGH MEADOW SCHOOL.  An application having been made by and on behalf of the trustees of the High Meadow School, for its absolute charter to be amended, it was

            Voted, that the provisional charter of the High Meadow School, located in Stone Ridge, county of Ulster, state of New York, which was granted by action of the Board of Regents on February 26, 1988; which provisional charter was amended by Regents action on July 19, 1996 and, as so amended, made absolute be, and the same hereby is, amended to add authority for the corporation to also operate grades seven and eight.

OHR TORAH INSTITUTE.  An application having been made by and on behalf of the trustees of the Ohr Torah Institute, for its absolute charter to be amended, it was

            Voted, that the provisional charter of the Ohr Torah Institute, located in Forest Hills, county of Queens, state of New York, which was granted by action of the Board of Regents on June 25, 1982; which provisional charter was made absolute by Regents action on April 22, 1988 be, and the same hereby is, amended to change the corporate address to 100 Lakeville Road, New Hyde Park, New York 11040 and to change the corporate name to “Yeshiva Or Chadash.”

 

STEIN YESHIVA OF LINCOLN PARK.  An application having been made by and on behalf of the trustees of Stein Yeshiva of Lincoln Park, for its absolute charter to be amended, it was

            Voted, that the provisional charter of the Stein Yeshiva of Lincoln Park, located in Yonkers, county of Westchester, state of New York, which was granted by action of the Board of Regents under the corporate name “Hebrew Day School” on February 21, 1986; which provisional charter was amended by Regents action on October 21, 1988 to change the corporate name to “Yeshiva Day School of Lincoln Park” and to add authority for the School to operate a grade two through eight program and, as amended, extended and was made absolute by Regents action on March 26, 1993; which absolute charter was amended by Regents action on April 15, 1994 to change the corporate name to “Yeshiva of Lincoln Park” and on June 12, 1997 to change the corporate name to “Stein Yeshiva of Lincoln Park” be, and the same hereby is, amended to revise paragraph 2. of the absolute charter to read as follows:

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

a.         to operate and maintain a school for the instruction of children in nursery school, kindergarten and grades one through eight.  The corporation shall operate an educational facility for children ages infants through the eighth grade for more than three hours a day at its main facility at 287 Central Park Ave., Yonkers, NY 10704 and an additional facility for kindergarten through eighth grade at 311 Central Park Ave., Yonkers NY 10704;

b.       to establish and operate day care centers within the State of New York, provided however, before each such facility shall be established and opened, the prior written approval of the New York State Office of Children and Family Services shall be obtained.  No merger, consolidation, amendment, or dissolution shall be permitted without the prior written approval of the New York State Office of Children and Family Services.

 

AL-IMAN SCHOOL

            Voted, that

            1.         A provisional charter valid for a term of three years is granted incorporating Fadhel Al-Sahlani, Maan Kamel Mohamad Jwad, Fazleabbas Pirmohammed, Shaaina Remtulla, Mohammed I. Razvi and their associates and successors as an education corporation under the corporate name of Al-Iman School, located in Jamaica, county of Queens, state of New York.

               2.      The purposes for which such corporation is formed are to operate a pre-kindergarten, a kindergarten and a grade one through twelve school emphasizing, in addition to a rigorous academic curriculum, a strong Islamic atmosphere.

            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:                                                                    

                                                Fadhel Al-Sahlani

137-33 90th Avenue

Jamaica, New York 11435

 

Maan Kamel Mohamad Jwad

137-33 90th Avenue

Jamaica, New York 11435

 

Fazleabbas Pirmohammed

11 Audrey Avenue

Elmont, New York 11003

 

Shaaina Remtulla

100 East Maple Street

Valley Stream, New York 11580

 

Mohammed I. Razvi

113-12 Myrtle Avenue

Richmond Hills, New York 11418

 

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

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

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

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

9.          The institution of the corporation shall be located at 89-89 Van Wyck Expressway, Jamaica, New York 11435.

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.

 

CHILDREN AT PLAY EARLY INTERVENTION CENTER

            Voted, that

            1.         A provisional charter valid for a term of three years is granted incorporating Egon Salmon, Henry Salmon, Linda Salmon, Zoltan Kemeny, Rein Eichinger and their associates and successors as an education corporation under the corporate name of Children at Play Early Intervention Center, located in Staten Island, county of Richmond, state of New York.

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

a.         To operate and maintain special education and ancillary educational programs and services for pre-school and school-age children with disabilities which may include the operation of a nursery school, and in support of and to supplement pre-school and school-age general education curriculum, provided that any such program meets the standards of the appropriate regulating agency;

b.         To provide early intervention, special instruction and therapeutic services to infants and toddlers with disabilities, and their families;

c.         To provide instructional and enrichment services to pre-school children and their families;

d.         To provide instruction and therapeutic and clinical interventions in support of the physical, cognitive, social and behavioral development of young children with disabilities

e.         To establish and operate day care centers within New York State, initially within Richmond County, provided however, before each such facility shall be established and operated, the prior written approval of the New York State Office of Children and Family Services (OCFS) or the New York City Department of Health, for those corporations located within New York City, will be obtained; provided further, that no certificate of amendment, merger, consolidation, or dissolution shall be filed without the prior written approval of the New York State Office of Children and Family Services;

f.          To research and design both individualized and group programs to help facilitate the growth, development, and learning of children with disabilities and their non-disabled peers;

g.         To furnish those children with disabilities who are home bound with programs and services of the school within the home;

h.         To involve parents in their children’s development as participants and facilitators in the programs of the school;

i.          To engage in the training of staff to aid in the growth, development and learning of such children with and without disabilities;

j.          To provide information and materials to the public relating to the programs developed by the corporation, the results of activities conducted by the corporation and the problems of such children with disabilities and for such other instruction, education and guidance as may be determined from time to time by the board of trustees of the corporation to be necessary or appropriate to carry out the charitable and educational mission of the corporation; and

k.         To directly or indirectly, either alone or in conjunction with others, to do any and all lawful acts and things and to engage in any and all lawful activities which may be necessary, useful, suitable, desirable, or proper for the furtherance, accomplishment, fostering, or attainment of any or all of the purposes for which the corporation is organized, and to aid or assist other organizations to attain any such purpose, but not for the pecuniary profit or financial gain of its members, directors or officers.

            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:                                                                    

Egon Salmon

69 Harwood Road

Jamesburg, New Jersey 08831

 

Henry Salmon

13 Devon Road

Edison, New Jersey 08820

 

Linda Salmon

13 Devon Road

Edison, New Jersey 08820

 

                                                Zoltan Kemeny

35 N. 6th Avenue

Highland Park, New Jersey 08904

 

Rein Eichinger

230 Locust Drive

Yardville, New Jersey 08620

 

            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.         Nothing herein shall authorize the corporation:

a.         To establish, operate, construct, lease or maintain a hospital or to provide hospital service or health related service or to operate a home care services agency, a hospice or a health maintenance organization, or to provide a comprehensive health services plan, as defined in and covered by Articles 28, 36, 40 and 44, respectively, of Public Health Law, or to solicit, collect, or otherwise raise or obtain any funds, contributions or grants from any source for the establishment or operation of any hospital in New York State. In addition, the corporation’s purposes do not authorize the corporation to establish, operate or maintain an adult home, residence for adults or enriched housing program as provided by Article 7 of the Social Services Law, or to solicit contributions for any such purposes, nor to operate a facility or service as defined in Article 28 of the Public Health Law or Article 31 of the Mental Hygiene Law.

b.         To provide Early Intervention services without obtaining all approvals required by Title II-A of Article 25 of the Public Health Law, Title 10 of the Codes, Rules and Regulations of the state of New York or any other applicable law or regulation.

c.         To provide professional training leading to licensure in the profession of medicine or any other profession required by Title VII of the Education Law; or

d.         To operate or maintain a charter school or secondary  school.

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

10.        The principal office of the corporation shall be located at 40 Merrill Avenue, Staten Island, New York 10314.

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.

 

JAMAICA MONTESSORI ASSOCIATES

            Voted, that

            1.         A provisional charter valid for a term of three years is granted incorporating Sallie Phelps, Job Kyler, Malvena Bovell, Larry Desvigens, Marc D. Combs and their associates and successors as an education corporation under the corporate name of Jamaica Montessori Associates, located in Jamaica, county of Queens, state of New York.

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

a.         To operate and maintain special education and ancillary educational programs and services for pre-school and school-age children with disabilities which may include the operation of a nursery school, and in support of pre-school and school-age general education curriculum, provided that any such programs meets the standards of the appropriate regulating agency;

b.         To provide early intervention, special instruction and therapeutic services to infants and toddlers with disabilities, and their families;

c.         To provide instructional and enrichment services to pre-school children and their families;

d.         To provide instruction and therapeutic and clinical interventions in support of the physical, cognitive, social and behavioral development of young children with disabilities;

e.         To establish and operate day care centers within New York State, initially within Queens County, provided however, before each such facility shall be established and opened, the prior written approval of the New York State Office of Children and Family Services (OCFS) or the New York City Department of Health, for those corporations located within New York City, will be obtained, and for other such instruction, education and guidance as may be determined from time to time by the board of trustees of the corporation to be necessary or appropriate to carry out the charitable and educational mission of the corporation; and

f.          To directly or indirectly, either alone or in conjunction with others, to do any and all lawful acts and things and to engage in any and all lawful activities which may be necessary, useful, suitable, desirable, or proper for the furtherance, accomplishment, fostering, or attainment of any or all of the purposes for which the corporation is organized, and to aid or assist other organizations to attain any such purpose, but not for the pecuniary profit or financial gain of its members, directors or officers.

            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:                                                                    

Sallie Phelps

71-15 Beach Channel Drive

#4A

Far Rockaway, New York  11692

 

Job Kyler

10 Irving Avenue

Freeport New York 11520

 

Malvena Bovell

104-40 165 Street

Jamaica, New York 11433

 

Larry Desvigens

420 Beach 65th Street

Far Rockaway, New York 11692

 

Marc D. Combs

206-20 46 Road

Bayside, New York 11361

 

            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.         Nothing herein shall authorize the corporation:

a.         To establish, operate, construct, lease or maintain a hospital or to provide hospital service or health related service or to operate a home care services agency, a hospice or a health maintenance organization, or to provide a comprehensive health services plan, as defined in and covered by Articles 28, 36, 40 and 44, respectively, of Public Health Law, or to solicit, collect, or otherwise raise or obtain any funds, contributions or grants from any source for the establishment or operation of any hospital in New York State. In addition, the corporation’s purposes do not authorize the corporation to establish, operate or maintain an adult home, residence for adults or enriched housing program as provided for by Article 7 of the Social Services Law, or to solicit contributions for any such purposes;

b.         To provide Early Intervention services without obtaining all approvals required by Title II-A of Article 25 of the Public Health Law, Title 10 of the Codes, Rules and Regulations of the state of New York or any other applicable law or regulation; or

c.         To provide professional training leading to licensure in the profession of medicine or any other profession required to be licensed by Title VIII of the Education Law.

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

10.        The principal office of the corporation shall be located at 90-01 Merrick Boulevard, Jamaica, New York 11432.

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.

 

FIRST NURSERY SCHOOL OF UTICA.  An application having been made by and on behalf of the trustees of First Nursery School of Utica, for its provisional charter to be extended, it was

            Voted, that the provisional charter of First Nursery School of Utica, located in Utica, county of Oneida, state of New York, which was granted by action of the Board of Regents on November 10, 2000 be, and the same hereby is, extended until January 12, 2007; 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 January 12, 2007 and upon notice by the Regents, such provisional charter shall terminate and become void and shall be surrendered to the Regents.

 

TREY WHITFIELD SCHOOL.  An application having been made by and on behalf of the trustees of Trey Whitfield School, for its provisional charter to be extended, it was

            Voted, that the provisional charter of Trey Whitfield School, located in Brooklyn, county of Kings, state of New York, which was granted by action of the Board of Regents on November 10, 2000 be, and the same hereby is, extended until January 12, 2007; 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 January 12, 2007 and upon notice by the Regents, such provisional charter shall terminate and become void and shall be surrendered to the Regents.

 

            BABIES PREP SCHOOL.  An application having been made by and on behalf of the trustees of Babies Prep School, for its charter to be dissolved, and for approval of the transfer of the student records and the distribution of its remaining corporate assets to Graham-Windham, and it appearing from the petition that all taxes payable by the corporation have been paid, it was

            Voted, that the provisional charter of the Babies Prep School, located in the city, county, and state of New York, which was granted by action of the Board of Regents on February 3, 1995 to operate a center-based and home-based preschool for disabled children from birth to five years of age; to apply the science and technology of behavior analysis to the assessment, instruction and evaluation of each child’s skills in each domain; and to reduce the social isolation of disabled and health-impaired infants and toddlers and their families; which corporation was consolidated by Regents action on February 3, 1995 with the Babies Prep School for Health-Education-Research, Inc., a domestic not-for-profit corporation incorporated under §402 of the Not-For-Profit Corporation Law (NPCL) on October 12, 1993, with the surviving corporation being the Babies Prep School; which provisional charter was amended on July 16, 1999 to change the corporate address and to add authority for the school to also operate a special education itinerant teacher program 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 transfer of the students’ records and the distribution of the corporation’s remaining assets to Graham-Windham be, and the same hereby is, approved.

 

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

            Voted, that the absolute charter in the first instance of Medaille College, located in the city of Buffalo, county of Erie, and state of New York, which was granted by action of the Board of Regents on October 25, 1968; which charter was amended on June 27, 1975, April 29, 1976, June 14, 1996, July 18, 1997, September 18, 1998, July 19, 2001 and February 11, 2003 be, and the same hereby is, amended to add authority for the corporation to confer, at its branch campus at Brighton, the degree of Master of Arts (M.A.).

 




APPENDIX II

REGENTS ACTIONS IN 36 PROFESSIONAL DISCIPLINE CASES

 

January 12, 2004

 

            The Board of Regents announced disciplinary actions resulting in the revocation of 3 licenses, surrender of 5 licenses, and 27 other disciplinary actions.

 

I.                     REVOCATIONS AND SURRENDERS

 

Dentistry

 

            Edwin Andrews; 16372 Ravens Roost Drive, Rogers, AZ 72756; Lic. No. 023886; Cal. No. 21268; Application to surrender license granted.  Summary: Licensee admitted to the charge of having been found guilty by the duly authorized professional disciplinary agency of another state of overprescribing controlled substances for non-dental reasons.

 

Nursing

 

            Lynne E. Clough; Licensed Practical Nurse; 2004 Eastern Parkway, Schenectady, NY 12309; Lic. No. 161531; Cal. No. 20718; Found guilty of professional misconduct; Penalty: Revocation.

 

            Samuel Monroe; Licensed Practical Nurse, Registered Professional Nurse; P.O. Box 6098, Virginia Beach, VA 23456; Lic. Nos. 057766, 237046; Cal. Nos. 21071, 21072; Application to surrender licenses granted.  Summary: Licensee admitted to the charge of having been convicted of Bankruptcy Fraud and Making a False Statement.

 

            Therese Williams; Registered Professional Nurse; 1311 Bastogne Court, Fort Wainwright, Fairbanks, AK 99703; Lic. No. 471432; Cal. No. 21265; Application to surrender license granted.  Summary: Licensee admitted to the charge of having been found guilty by the duly authorized professional disciplinary agency of another state of repeatedly obtaining controlled substances by fraud.

 

Pharmacy

 

            Clunie Bernard; 247 Harris Road, Bedford, NY 10507; 11 Depew Avenue, Yonkers, NY 10710; Lic. No. 038410; Cal. No. 20643; Found guilty of professional misconduct; Penalty: Revocation.

Psychology

 

            Melvin I. Fishman; 98 Cuttermill Road, Great Neck, NY 11021; Lic. No. 001448; Cal. No. 21182; Application to surrender license granted.  Summary: Licensee did not contest the charge of negligent handling of the transference and counter transference between the licensee and patient.

 

Public Accountancy

 

            Harry Stern a/k/a Harry L. Stern; Certified Public Accountant; 91A West Carlton Road, Suffern, NY 10901; Lic. No. 037375; Cal. No. 20588; Found guilty of professional misconduct; Penalty: Revocation.

 

 

II.                   OTHER REGENTS DISCIPLINARY ACTIONS

 

Chiropractic

 

            Gary N. Olson; 285-10 Commack Road, Commack, NY 11725; Lic. No. 009393; Cal. No. 21153; Application for consent order granted; Penalty agreed upon: 2 year suspension, execution of suspension stayed, probation 2 years, $750 fine.

 

            Michael Christopher Shaffer; P.O. Box 39, 7 Maple Avenue, Philmont, NY 12565; Lic. No. 003671; Cal. No. 21190; Application for consent order granted; Penalty agreed upon: 2 year suspension, execution of suspension stayed, probation 2 years, $1,500 fine.

 

Dentistry

 

            John A. Behrmann; P.O. Box 1096, Clifton Park, NY 12065; Lic. No. 022679; Cal. No. 20427; Application for consent order granted; Penalty agreed upon: Suspension for no less than 1 year and until terminated as set forth in consent order application – upon termination of suspension, probation 2 years to commence upon return to practice.

 

            Michael Eugene Novy; 20 Waterside Plaza, New York, NY 10010; Lic. No. 048016; Cal. No. 21086; Application for consent order granted; Penalty agreed upon: 1 year suspension, execution of suspension stayed, probation 1 year, $500 fine.

 

            Robert Tallering; 433 Route 9W – P.O. Box 1534; Highland, NY 12528; Lic. No. 034582; Cal. No. 21149; Application for consent order granted; Penalty agreed upon: 2 year suspension, execution of suspension stayed, probation 2 years, $7,500 fine.

 

            Robert J. Tallering, D.D.S., P.C.; 433 Route 9W – P.O. Box 1534; Highland, NY 12528; Cal. No. 21154; Application for consent order granted; Penalty agreed upon: 2 year suspension, execution of suspension stayed, probation 2 years.

 

            Scott Turkewitz; 316 Commercial Avenue, Clifton Forge, VA 24422; Lic. No. 043290; Cal. No. 21162; Application for consent order granted; Penalty agreed upon: 24 month suspension, execution of last 21 months of suspension stayed, probation 2 years.

 

Nursing

 

            Leslie A. Dudek; Licensed Practical Nurse; 174½ Fulton Avenue, Rochester, NY 14613; Lic. No. 254916; Cal. No. 20352; Found guilty of professional misconduct; Penalty: 24 month suspension, execution of last 23 months of suspension stayed, probation 23 months to commence upon return to practice.

 

            Anita J. Popluhar; Licensed Practical Nurse; 7750 Black Creek Road, Kirkville, NY 13082; Lic. No. 205570; Cal. No. 20545; Application for consent order granted; Penalty agreed upon: Partial suspension in certain area until terminated as set forth in consent order application, probation 1 year, $500 fine.

 

            Audra Lynne VanDusen a/k/a Audra Lynne Ennett; Licensed Practical Nurse; 7664 Kilborne Road, Rome, NY 13440; Lic. No. 261487; Cal. No. 20855; Application for consent order granted; Penalty agreed upon: 2 year suspension, execution of suspension stayed, probation 2 years, $750 fine.

 

            Kathleen V. Summers; Registered Professional Nurse; 5721 Jerry Road, Marcy, NY 13403; Lic. No. 256414; Cal. No. 20875; Application for consent order granted; Penalty agreed upon: 1 year suspension, execution of last 9 months of suspension stayed, probation 1 year, $500 fine.

 

            Robin A. Curtis; Registered Professional Nurse; 173 Worthington Road, Rochester, NY 14622; Lic. No. 315104; Cal. No. 20942; Application for consent order granted; Penalty agreed upon: Suspension until terminated as set forth in consent order application – upon termination of suspension, probation 1 year to commence upon return to practice.

 

            Frank Joseph Gilberti; Registered Professional Nurse; 225 Hacadam Road, Sauquoit, NY 13456; Lic. No. 401390; Cal. No. 21073; Application for consent order granted; Penalty agreed upon: 2 year suspension, execution of last 16 months of suspension stayed, probation 2 years to commence upon return to practice, $1,000 fine.

 

            Sharon McCaffrey; Registered Professional Nurse; 3770 New York Avenue, Seaford, NY 11783; Lic. No. 265781; Cal. No. 21095; Application for consent order granted; Penalty agreed upon: 2 year suspension, execution of suspension stayed, probation 2 years, $500 fine.

 

            Marilyn Cheree Peters-Burton; Licensed Practical Nurse; 514 Michigan Avenue, Mobile, AL 36604; Lic. No. 267967; Cal. No. 21111; Application for consent order granted; Penalty agreed upon: 1 year suspension, execution of suspension stayed, probation 1 year to commence upon return to practice, $250 fine.

 

            Ellen Elizabeth Torrey-Blair; Licensed Practical Nurse, Registered Professional Nurse; 2471 Gunther Avenue, Bronx, NY 10469; Lic. Nos. 082811, 463268; Cal. Nos. 21125, 21126; Application for consent order granted; Penalty agreed upon: 1 year suspension, execution of suspension stayed, probation 1 year, $500 fine.

 

            Yvette Jasnith Henry; Registered Professional Nurse; 858 East 216th Street, Bronx, NY 10467; Lic. No. 434710; Cal. No. 21127; Application for consent order granted; Penalty agreed upon: 1 year suspension, execution of suspension stayed, probation 1 year, $1,000 fine.

 

            Kimm C. Riesel; Licensed Practical Nurse; 160 Summit Street, Mohawk, NY 13407; Lic. No. 237211; Cal. No. 21177; Application for consent order granted; Penalty agreed upon: 1 year suspension, execution of suspension stayed, probation 1 year, $250 fine.

 

            Sophia Abraham David; Licensed Practical Nurse; 72-57 Little Neck Parkway, Glen Oaks, NY 11004; Lic. No. 244729; Cal. No. 21183; Application for consent order granted; Penalty agreed upon: 2 year suspension, execution of last 22 months of suspension stayed, probation 2 years, $1,000 fine.

 

Pharmacy

 

            David Michael Wickers; 985 Ocean Avenue, Brooklyn, NY 11226; Lic. No. 036634; Cal. No. 20670; Found guilty of professional misconduct; Penalty: Suspension until terminated as set forth in Regents Review Committee report – upon termination of suspension, probation 2 years.

 

            Bruce E. Martin; 4082 Sesame Path, Liverpool, NY 13090; Lic. No. 034831; Cal. No. 21131; Application for consent order granted; Penalty agreed upon: Censure and Reprimand, probation 1 year, $500 fine.

 

            Jeffrey Stein; 110 Artist Lake Drive, Middle Island, NY 11953; Lic. No. 029690; Cal. No. 21267; Application for consent order granted; Penalty agreed upon: Suspension, but in no event for less than 1 year and until terminated as set forth in consent order application – upon termination of suspension, probation 2 years to commence upon return to practice.

 

Podiatry

 

            Daniel D. Semko; 3923 Chester Boulevard, Richmond, IN 47374; Lic. No. 003517; Cal. No. 21221; Application for consent order granted; Penalty agreed upon: 1 year suspension, probation 2 years.

 

            Suzanne Haritatos-Semko; 3923 Chester Boulevard, Richmond, IN 47374; Lic. No. 003652; Cal. No. 21222; Application for consent order granted; Penalty agreed upon: 1 year suspension, probation 2 years.

 

Social Work

 

            Katherine F. Robert; 400 Plaza Drive, Vestal, NY 13850; Lic. No. 060298; Cal. No. 20978; Application for consent order granted; Penalty agreed upon: 1 year suspension, execution of last 6 months of suspension stayed, probation 2 years to commence upon return to practice, $500 fine.

 

            Todd Patrick Kennedy; 927 Edgecreek Trail, Rochester, NY 14609; Lic. No. 058568; Cal. No. 21112; Application for consent order granted; Penalty agreed upon: 24 month suspension, execution for the last 21 months of suspension stayed, probation 3 years, $2,500 fine.