Meeting of the Board of Regents | April 2008

THE STATE EDUCATION DEPARTMENT / THE UNIVERSITY OF THE STATE OF NEW YORK / ALBANY, NY 12234

 

TO:
FROM:	David Johnson
SUBJECT:	Summary of the March 2008 Meeting
DATE:	March 27, 2008
STRATEGIC GOAL:	Goal #4
AUTHORIZATION(S):

Executive Summary

 

Issue for Decision

 

              Review of the Summary of the March 2008 Meeting of the Board of Regents.

 

Proposed Handling

 

              Approval of the Summary of the March 2008 meeting.

 

Procedural History

 

              This document summarizes the actions of the Board of Regents during the monthly meeting and is brought before the Board the following month for approval.

 

Recommendation

 

              Approval of the Summary of the March 2008 meeting.

 

Timetable for Implementation

 

              Effective April 15, 2008.

 

VOTED, that the Summary of the March 2008 Meeting of the Board of Regents of The University of the State of New York be approved.

 

 

 

 

 

 

 

 

 

 

 

                           SUMMARY OF THE MARCH MEETING

 

                                OF THE BOARD OF REGENTS

 

                                                    OF

 

                  THE UNIVERSITY OF THE STATE OF NEW YORK

 

 

 

 

 

 

 

                          Held at the State Education Building

Albany, New York

 

 

                                    March


17 and 18, 2008

 

 

 

 

 

 

                                            David Johnson, Secretary

                                                   Board of Regents

THE BOARD OF REGENTS

 

              The Board of Regents of The University of the State of New York held  public sessions on Tuesday, March 18 at 10:45 a.m. and 12:00 p.m. pursuant to a call duly sent to each Regent.

 

MEETING OF THE FULL BOARD, Tuesday, March 18, 10:45 a.m.

 

Board Members in Attendance:

 

Robert M. Bennett, Chancellor

Merryl H. Tisch, Vice Chancellor

Saul B. Cohen

James C. Dawson

Anthony S. Bottar

Geraldine D. Chapey

Arnold B. Gardner

Harry Phillips, 3rd

Joseph E. Bowman, Jr.

James R. Tallon, Jr.

Milton L. Cofield

Roger B. Tilles

Karen Brooks Hopkins

Natalie Gomez-Velez

Charles R. Bendit

Lester W. Young, Jr.

 

 

              Also present were the Commissioner of Education, Richard P. Mills, Counsel and Deputy Commissioner for Legal Affairs, Kathy Ahearn, and the Secretary, Board of Regents, David Johnson. 

 

ACTION ITEM

 

Executive Session Motion

 

              MOVED, that the Board of Regents convene in Executive Session on Tuesday, March 18 at 10:45 a.m. for the purpose of discussing pending litigation and a personnel matter.

 

Motion by:                    Vice Chancellor Merryl H. Tisch

              Seconded by:           Regent Anthony S. Bottar

              Action:                          Motion carried unanimously

 

 

 

 

 

MEETING OF THE FULL BOARD, Tuesday, March 18, 12:00 p.m.

 

Board Members in Attendance:

 

Robert M. Bennett, Chancellor

Merryl H. Tisch, Vice Chancellor

Saul B. Cohen

James C. Dawson

Anthony S. Bottar

Geraldine D. Chapey

Arnold B. Gardner

Harry Phillips, 3rd

Joseph E. Bowman, Jr.

James R. Tallon, Jr.

Roger B. Tilles

Karen Brooks Hopkins

Natalie Gomez-Velez

Charles R. Bendit

Lester W. Young, Jr.

 

 

              Also present were the Commissioner of Education, Richard P. Mills, Counsel and Deputy Commissioner for Legal Affairs, Kathy Ahearn, and the Secretary, Board of Regents, David Johnson.  Regent Milton  L. Cofield was absent and excused.

 

              Chancellor Robert M. Bennett called the meeting to order at 12:00 p.m.

 

ACTION ITEMS

 

.

Charter Applications for March 2008

BR (A) 1

 

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

 

Motion by:                    Regent Anthony S. Bottar

              Seconded by:           Regent Joseph E. Bowman, Jr.

              Action:                          Motion carried unanimously

 

 

 

 

 

 

Summary of the February 2008 Meeting

BR (A) 2

 

              MOVED, that the Summary of the February 2008 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 Joseph E. Bowman, Jr.

              Action:                          Motion carried unanimously

 

 

State Education Department February 2008 Fiscal Report

BR (A) 3

 

              The Board received the February 2008 Fiscal Report for review and acceptance.

 

              All general fund and federal accounts are in structural balance.

 

Revenue accounts are in structural balance, allowing for normal reimbursement delays in the planned use of prior year balances.  After expending prior year funds, the Archives Partnership Trust (APT) will use sufficient revenue from the APT endowment, pursuant to Chapter 399 of the Laws of 1998, to maintain structural balance.

             

              MOVED, that the Board of Regents accept the February 2008 State Education Department Fiscal Report as presented.

 

 

              Motion by:                    Regent Joseph E. Bowman, Jr.

              Seconded by:           Regent Anthony S. Bottar

              Action:                          Motion carried unanimously

 

Supplemental Charter Application

BR (A) 4

 

              MOVED, that the Regents approve the application of the Burchfield-Penney Art Center in accordance with the recommendation contained in the summary.

 

 

Motion by:                    Regent Anthony S. Bottar

              Seconded by:           Regent Joseph E. Bowman, Jr.

              Action:                          Motion carried unanimously

 

 

 

Regents Two-Year Policy Agenda

PII (A) 1

and

Revised Draft 2008-09 Regents Policy Agenda, March 18, 2008

 

              The Board reviewed a revised draft of the 2008-09 Regents Policy Agenda following its review and amendment by the Committee on Policy Integration and Innovation and Standing Program Committees.

 

              MOVED, that the Regents provide provisional approval for the Revised Draft, 2008-09 Regents Policy Agenda.

 

Motion by:                    Regent Saul B. Cohen

              Seconded by:           Regent Joseph E. Bowman, Jr.

              Action:                          Motion carried unanimously 

 

              The document will be presented to the Board in April for final approval.

 

INFORMATION ITEM

 

Commissioner’s Summary

Oral

 

              Commissioner Richard P. Mills summarized the meeting, including actions taken by Standing Committees.  These include: provisional approval of Regents 2008-09 Policy Agenda; preliminary discussion of Student Lending, Accountability, Transparency and Enforcement Act (SLATE), Teacher Tenure, and Homeless Youth regulations; a presentation on student data release; and, a discussion of the charter school formation process.

             

STANDING COMMITTEE REPORTS

 

              MOVED, that the reports from the Regents Standing Committees including HE (CA) 3, referred by the Higher Education Committee for consideration, be approved as submitted.

 

              Motion by:                    Regent Saul B. Cohen           

              Seconded by:           Regent Joseph E. Bowman, Jr.

              Action:                          Motion carried unanimously

 

             

REGENTS COMMITTEE ON POLICY INTEGRATION AND INNOVATION

 

Chancellor Robert M. Bennett, Chair of the Committee on Policy Integration and Innovation, presented on behalf of the Committee the following written report.

 

Your Committee held its scheduled meeting on March 17, 2008.  Vice Chancellor Tisch, and Regents Dawson, Chapey, Bowman, Tallon and Cofield were present. Regents Cohen, Gardner, Phillips, Tilles, Brooks Hopkins, Gomez-Velez, Bendit and Young also attended.  Commissioner Mills was present. 

 

 

 

Your Committee heard a report from the Commissioner on the release of student data and discussed developing an annual schedule for data releases and possible strategies for improving the process for reporting assessment results.  Your Committee suggested that the EMSC Committee comprehensively review the purpose of testing, as well as the use of data, standards and time.  The review should also include ideas for using technology more.

 

Your Committee was informed on the progress of the three consultant projects:

 

 

 

 

Your Committee recommended that the Regents take action on the draft Two-Year Policy Agenda at this month’s Full Board meeting.

 

 

 

 

 

REGENTS COMMITTEE ON ELEMENTARY, MIDDLE, SECONDARY AND CONTINUING EDUCATION

 

Your EMSC Committee held its scheduled meeting on March 17, 2008.  All Committee members were present.  

 

ACTION ITEMS

 

Consent Agenda

 

Your Committee recommends that the Board of Regents hereby give consent to the issuance of bonds and/or bond anticipation notes by the Board of Education of the Little Falls City School District in an amount not to exceed $6,500,000 to reconstruct and renovate various district buildings and the issuance of such bonds and/or bond anticipation notes in excess of the constitutional debt limit of said school district.   [EMSC (CA) 1]

 

Charter Schools

 

Your Committee recommends that the Board of Regents approve and issue the first renewal charter of the Enterprise Charter School as proposed by the Board of Education of the City School District of the City of Buffalo, and that its provisional charter be extended for a term up through and including June 30, 2010.  [EMSC (A) 4]

 

The charter renewals for the Brighter Choice Charter School for Boys and the Brighter Choice Charter School for Girls were postponed until the April Regents meeting.  [EMSC (A) 2] [EMSC (A) 3]

 

Contracts for Excellence

 

              Your Committee discussed changes related to the proposed regulations currently out for public comment.  Further changes may be needed after the public comment period ends.  (In addition, the Regents discussed the possibility that additional changes may be necessary once the 2008-09 State Budget is final.) Some of the changes discussed included the public hearing and complaint process; the inclusion of the visual arts, theatre, music, dance, after-school programs and summer camp programs offering supplemental instruction, tutoring and/or other academic support and enrichment under allowable programs; and the distribution of funding to go to the neediest students/schools. Your Committee recommends that section 100.13 of the Regulations of the Commissioner of Education be added and that paragraph (1) of subdivision (e) of section 170.12  of the Commissioner’s Regulations be amended, as submitted, effective March 22, 2008, as an emergency action upon a finding by the Board of Regents that such action is necessary for the preservation of the general welfare in order to adopt revisions to the rule in response to discussions held with educational advocates and representatives from school boards and school administrators and the Department’s experience in implementing the Contracts for Excellence and to otherwise ensure that the emergency rule that was adopted at the April 2007 Regents meeting, revised and readopted at the June and July 2007 Regents meetings, and readopted at the September and October 2007 and January 2008 Regents meetings, remains continuously in effect until the effective date of its adoption as a permanent rule. 

 

 

MOTION FOR ACTION BY FULL BOARD

                           

              Mr. Chancellor and Colleagues:  Your EMSC Committee recommends, and I move, that the Board of Regents act affirmatively upon each recommendation in the written report of the Committee's deliberations at its meeting on March 17, 2008, copies of which have been distributed to each Regent.

 

 

MATTERS NOT REQUIRING BOARD ACTION

 

Standards Review Committee meetings on February 27 and March 12 – Regent Saul Cohen reported to the Committee on the discussions at the February 27 and March 12 meetings of the Standards Review Committee.  He spoke about the many talented experts from the field who are part of the Steering Committee and the work being done with other organizations.  The first stage of the ESL/ELA Standards will be ready for review in June.  Statewide panels are being formed and District Superintendents will play a role in identifying panelists. 

 

Growth Model Committee meeting on February 28 – Regent Bottar reported on the discussions from the February 28 EMSC Committee meeting on the Growth Model held in Syracuse.   He thanked all of the outside experts and invited guests for making the meeting so valuable.  He also spoke about the Value-Added Model which builds upon the Growth Model and he stated that New York is among the leaders on this initiative.

 

Regents Two-Year Policy Agenda – The Committee discussed the Regents two-year policy agenda that will go before the full Board for action.   The Committee asked questions and discussed the items on the policy agenda and asked that staff come back and provide a brief description on the nature of each item and the action required.  Regent Tallon mentioned the need for a State Aid Subcommittee meeting in May.  Regent Bowman would like to add an item on the Technology Workgroup.  [PII (A) 1]

 

CharterSchoolReport – The Committee discussed general information on charter schools and in particular, their impact on small cities.  The Committee asked for further information on accountability, data reporting, academic performance and achievement, special education and ELL students, ethnic composition, and school environment and  space acquisition (especially in New York City).  The Department is exploring the possibility of contracting with an outside researcher to collect data and report on these issues.  Staff will come back at a future date to discuss this further with the Committee   [EMSC (D) 3]

 

Proposed Regulations relating to the definition of Unaccompanied Youth – The Committee discussed proposed amendments to regulations to comply with the federal definition of unaccompanied youth. The proposed amendments also include a statement that an unaccompanied youth shall not include a child or youth who is residing with someone other than a parent or legal guardian for the sole purpose of taking advantage of a better school district.  These proposed amendments will be brought back to the Regents for action in May.  [EMSC (D) 1]

 

Proposed Regulations relating to Costs for School Quality Review and Joint Intervention Teams and Distinguished Educators – The Committee discussed proposed amendments relating to the reasonable and necessary costs associated with School Quality Review Teams, Joint Intervention Teams and Distinguished Educators.  The regulations define what constitutes “reasonable and necessary costs” (i.e. travel, meals, etc.) so that districts will be able to plan for future budgetary needs related to this work.  These regulations will be brought back to the Regents for action in June. [EMSC (D) 2]

 

             

REGENTS COMMITTEE ON VOCATIONAL AND EDUCATIONAL SERVICES FOR INDIVIDUALS WITH DISABILITIES

 

Your VESID Committee held its scheduled meeting on March 17, 2008.   All

members were present, with the exception of Regent Gomez-Velez, who was excused.  Regents Brooks Hopkins, Phillips and Young also attended.

 

MATTERS NOT REQUIRING BOARD ACTION

 

              Staff reported on the development of the Regent’s departmental legislation that has been shared with the legislature and that, if passed, would authorize school districts to provide services to students with disabilities who are being home schooled.

 

The Committee discussed proposed plans for the April regional meeting on Autism scheduled for April 10, 2008 and provided direction to staff in order for them to move forward in completing preparations for the meeting.

 

              The Committee was provided an overview of Vocational Rehabilitation’s scope and responsibilities.  Regents were informed of the various services and programs VESID offers, the VR process, the policy related to the Individualized Plan for employment, and the accomplishments achieved through interagency collaborations.  Also addressed were Designing our Future Initiatives and Budget Initiatives. 

 

              The report on Vocational Rehabilitation’s Quality Assurance and Monitoring Unit was deferred until the May meeting.

 

              The discussion on the proposed regulations that will come before the Board in May relating to the provision of special education services for parentally placed nonpublic school students was also deferred. 

              The Committee discussed the Regents Policy Agenda and were in agreement with the topics noted on the calendar as being those related to major policy reviews, discussions and decision points.

 

 

                                 REGENTS COMMITTEE ON HIGHER EDUCATION

 

              Your Higher Education Committee held its scheduled meeting on March 17, 2008. All members were present, except for Regent Bottar who was excused.

 

Consent Agenda Items

 

Your Committee recommends that the Board of Regents approve the amendment to the master plan of Briarcliffe College authorizing its Patchogue Campus to offer the Bachelor of Fine Arts (B.F.A.) degree in Graphic Design.  This amendment would be effective until March 18, 2009, unless the program is registered by the Department prior to that date, in which case master plan amendment shall be without term.   [HE (CA) 1]

 

              Your Committee recommends that the Board of Regents authorize the College of Westchester to award the Bachelor of Business Administration (B.B.A.) degree and approve a master plan amendment authorizing the College to offer the Bachelor of Business Administration degree program in Management.  This amendment will be effective until March 18, 2009, unless the program is registered by the Department prior to that date, in which case master plan amendment shall be without term.  [HE (CA) 2]

 

              Coded item [HE (CA) 3] authorizing the SUNY Health Science Center at Brooklyn to confer the Doctor of Public Health degree on duly qualified students successfully completing registered D.P.H. programs at the SUNY Health Science Center at Brooklyn was removed from the Committee agenda. 

 

 

MOTION FOR ACTION BY FULL BOARD

 

              Mr. Chancellor and Colleagues:  Your Higher Education Committee recommends, and I move, that the Board of Regents act affirmatively upon each recommendation in the written report of the Committee's deliberations at its meeting on March 17, 2008, copies of which have been distributed to each Regent.

 

 

                                      MATTERS NOT REQUIRING BOARD ACTION

 

              Your Committee discussed several topics of interest, including:

 

Student Lending, Accountability, Transparency and Enforcement Act (SLATE).  The Committee discussed the preliminary draft regulations to implement the new law resulting from the Attorney General’s investigation into the abuses in the student loan industry.  The regulations implementing SLATE will provide further guidance to the field on what constitutes a “gift” from a lender to an educational institution, identify what needs to be disclosed to a student taking out a loan, and further clarifies who can and who cannot serve on boards of lending institutions.  The regulation also establishes due process and hearing procedures when the Department uncovers violations to the law or regulation.  The Committee discussed the need to reach out to parents and students for input; how lending institutions were regulated previously and the fact that the Department played no role in this area in the past.  A great deal of discussion took place about the lack of resources necessary to implement the statutory requirements of SLATE, the fact that these are all new responsibilities for which SED has no expertise or experience, and the critical need for resources in order to implement these new regulations when they become final.  [HE (D) 1]

 

Structure and Content of Students with Disabilities Teacher Certification – The Committee discussed a refined version of the proposal discussed in December 2007.  The plan consolidates the 45 current titles into 3 titles:  one for Birth to Grade 3, one for Grades 1-6 and a single interdisciplinary credential for grades 7-12 (in place of the current 43 middle childhood and adolescence special education titles).   [HE (D) 2]

 

Implementation of New Law on Teacher Tenure Determinations – The Committee was updated on the progress made since the December 2007 discussion on the preparation of the rules for tenure determinations.  Regent Gardner suggested that revisions to the tenure processes should be discussed within the context of addressing teaching as a profession and Regent Cohen raised the possibility of including minimum standards for tenure determinations.   Staff will proceed to seek official public comment on the draft rule and bring the proposed amendment back in to the Regents in April.  [HE (D) 3]

 

Regents Two-Year Policy Agenda – The Committee discussed the Regents two-year policy agenda that will go before the full Board for action   The Committee asked that staff come back with a revised agenda that re-orders the various items on teaching and also provides a brief description on the nature of the item and the action required.  [PII (A) 1]

 

 

REGENTS COMMITTEE ON PROFESSIONAL PRACTICE

 

              Your Professional Practice Committee held its scheduled meeting on March 18, 2008.   All Committee members were present.  Regent Lester W. Young, Jr. was also present, but did not vote on any case or action.  

 

ACTION ITEMS

 

Professional Discipline Cases

 

              Your Committee recommends that the reports of the Regents Review Committees, including rulings, findings of fact, determinations as to guilt, and recommendations, by unanimous or majority vote, contained in those reports which have been distributed to you, be accepted in 4 cases, and modified in two cases as hereafter set forth.  In addition, your Committee recommends, upon the recommendation of the Committee on the Professions, that 31 consent order applications and 13 surrender applications be granted, with four members of the committee voting acceptance of the consent application in the case of Amy M. Wilson, registered professional nurse, Calendar No. 23667 and with Vice Chancellor Merryl H. Tisch, Regent Saul B. Cohen and Regent Arnold B. Gardner voting in opposition to the application in said case.

 

              These recommendations are made following the review of 50 cases involving 12 licensed practical nurses, nine registered professional nurses, six certified public accountants, five pharmacists, four licensed practical nurses who are also registered professional nurses, one architect, two dentists, one clinical laboratory technologist, one licensed master social worker, one massage therapist, one pharmacy, one professional engineer, one psychologist, and one veterinarian.

 

              In the case of Jacob Ade Onanuga, licensed practical nurse and registered professional nurse, Calendar Nos. 23609 and 23610, we take a more serious view of the misconduct, and we recommend that the recommendation of the Regents Review Committee as to the penalty to be imposed be modified; and we recommend that the respondent’s license to practice as a licensed practical nurse in the State of New York and his license to practice as a registered professional nurse in the State of New York each be revoked.  

 

Restoration Petitions

 

              Voted, that the Board of Regents deny the application of Manzoor H. Jaffery to restore his license to practice as a pharmacist in the State of New York.  [PPC EXS (A) 4]

 

              Voted, that the Board of Regents deny the application of Carol A. Redding to restore her license to practice as a registered professional nurse in the State of New York.  [PPC EXS (A) 5]

 

              Voted, that the Board of Regents grant the application of William Wright, Jr. to restore his license to practice as a physician in the State of New York.  [PPC EXS (A) 6]

Consent Agenda Approvals

 

              Your Committee recommends that the Board of Regents approve the recommendations of the Committee on the Professions regarding licensing petitions.  [PPC (CA) 1]

 

              Your Committee recommends that the Board of Regents approve the appointments of members to the State boards for the professions; and appointments and reappointment of extended members to the State boards for the professions for service on licensure disciplinary and/or licensure restoration and moral character panels.  [PPC (CA) 2]

MOTION FOR ACTION BY FULL BOARD

 

              Mr. Chancellor and Colleagues:  Your Professional Practice Committee recommends, and I move, that the Board of Regents act affirmatively upon each recommendation in the written report of the Committee's deliberations at its meeting on March 18, 2008, copies of which have been distributed to each Regent.

 

MATTERS NOT REQUIRING BOARD ACTION

 

              Your Committee discussed several topics of interest, including:

 

• Associate Commissioner’s Report - This report was a continued discussion from the February meeting providing the Professions Committee with updates on a range of topics that relate to the work of that committee.  [PPC (D) 3]

 

• Clinical Laboratory Technology – This was an update on the implementation of the Clinical Laboratory Technology law, and the many discussions and legislative and budget proposals related to necessary revisions.  The Regents were also provided an update on the proposals for educational licensing standards.  [PPC (D) 4]

 

• Professional Discipline Update - This report was held over from the February meeting.  The Director of the Office of Professional Discipline shared information and provided statistical data on all OPD activity for the last three years, including a discussion of the cases which are resolved without the need for Regents action. Information was also provided on the renewed use of summary suspension procedures and on the status of the implementation of the illegal practice law. [PPC (D) 2]

 

• Concept Discussion on Upcoming Regents’ Rules – This discussion will be tabled until the April meeting.  [PPC (D) 1]

 

• 24-Month Calendar and Policy Agenda – The Office of the Professions policy agenda was discussed and items were accepted and incorporated into the Regents 24-month calendar. 

 

REGENTS COMMITTEE ON CULTURAL EDUCATION

 

Your Committee on Cultural Education had its scheduled meeting on March 17, 2008.  Regents Dawson, Tilles, Phillips, and Bowman Regent Brooks Hopkins attended.  Regent Gardner was absent.

 

 

ITEMS FOR DISCUSSION

 

Chairs’ Remarks: Regent Dawson greeted everyone and opened the meeting.  Regent Dawson presented to the Committee the Office of Cultural Education’s Two-Year Policy Agenda for review/approval.

 

Deputy’s Report: Deputy Commissioner Jeffrey Cannell greeted everyone and presented an update and handout on the newly hired State Historian.  Robert Weible will join SED on March 20, 2008.  Prior to the meeting, Mr. Cannell had provided the CE Committee members with a multi-page Deputy’s Report and made copies of the following bulleted items available to members and guests. 

• The week of March 10 was indeed "library week" in Albany!  The New York Library Association's Library Legislative Day on Tuesday March 11 was a great success.  A record turnout of 1,008 advocates and 88 legislators attended.  During a noontime rally of library supporters, Senator Hugh Farley, Chair of the Senate Subcommittee on Libraries announced that the Senate has restored the $5 million in library aid that was not included in the 2008-2009 Executive Budget.  Assemblywoman Amy Paulen also announced that the Assembly has restored the $5 million in the Assembly's one house budget. While this is good news, the Executive must still approve the added funds and the Senate and Assembly must agree on how to pay for it.  We will continue meeting with key staff and leadership in the Legislature in the next few weeks to discuss your budget proposals.

 

• On March 13, Commissioner Mills, Janet Welch and I met with members of the Senate Subcommittee on Libraries, including Senators Farley, Leibell, Seward and others to thank the Senate for adding the $5 million in library aid, and to thank them for their visionary leadership in providing $14 million in capital funds for public library construction in 2006-07 and again in 2007-08.  The Executive has included another $14 million for 2008-2009. The Commissioner also discussed the need for some start up monies in 2008-2009 for your Statewide Internet Library proposal.

 

• Other important library activities this week included meetings on Monday with each of the library system leadership groups (public library systems, school library systems and reference and research library resources systems) and a special daylong meeting on March 12 sponsored by the State Library for central library leaders to discuss a vision for the future of central library services in New York State.

 

• In addition, State Librarian Janet M. Welch provided information to legislators on the 2007-2008 $14 million public library construction grant awards so the legislators could announce the 177 awards to their local libraries. Information on the 2007-2008 construction grant awards is posted on the State Library's website at: http://www.nysl.nysed.gov/libdev/construc/index.html

 

• Library staff continued to work in collaboration with Archives staff, and with investigators in the Attorney General’s Office in preparing the case against Archives staff member, Daniel Lorello, accused of the January 17 theft of materials from the Manuscripts and Special Collections department of the library and from the Archives.  A review of collections recovered from Mr. Lorello’s home has been completed.  A total of 1865 items were reviewed, out of which 1048 were identified as belonging to the Library, 301 were identified as belonging to the Archives and 516 were of “uncertain” status.  In addition, items returned from eBay purchasers responding to letters from the AG’s office were reviewed.  Purchasers holding state property were authorized for repayment.  To date 15 individuals have responded by returning items.  The AG’s office continued to examine contents of Daniel Lorello’s office and computer files and followed leads involving auction houses or sales other than on eBay as indicated by information contained in these, especially if such items were deemed missing in our collections.  On February 24, a Times Union article on the theft and security in cultural collections generally in the capital district elicited a few more returns of items from local citizens who believed the items were stolen from the state’s collections.  Collections in the Attorney General’s offices will remain there until the case is disposed, to safeguard them as evidence should they be needed.  Thereafter the materials will be returned to us.  We have been asked to prepare a victim’s impact statement.

 

• The State Library and State Archives continue to tighten security measures and monitor compliance with security policies and procedures.  Compliance to the new “buddy system” for the 11th Floor stacks is reviewed weekly by examining card key logs for the access doors to the stacks and other vulnerable areas.  A volunteer worker policy has been developed to bring volunteers under stricter security.  All staff members are being reviewed for their card key access rights, throughout the Library and Archives.  An internal inventory audit is about to begin with the help of SED internal audit and control staff.  The planned installation of cameras has been fast-tracked.  Planning for a Security Review Survey and panel of experts is currently being expedited and engagement of a cultural materials security consultant is being explored. 

 

• Digitization of our vast collections continues. With more demand than current resources can meet, priority setting is critical.  The Library has also been working with museum staff in selecting specific resources to support the Empire State Exhibit, the 1609 exhibit, and other renewal projects.  We have been offered a collection of Bowne Family papers from the Bowne House Foundation in Flushing, NY for the purposes of digitization.  The Library, along with the Archives are partners in a national digitization archiving project (PeDALS) led by Arizona.  We are preparing the second edition of the Sir William Johnson Papers on CD with enhanced searching and additions that will be distributed at the New York State History conference this spring.  The Library has joined the Archives’ discussions with Ancestry.com to digitize New York records and documents, which are especially relevant to genealogy research nationwide.

 

• Library and OCE IT staff have been working with RPI’s School of Humanities and Social Sciences and with RPI’s computing researchers in semantic web technology to collaborate on a pilot project to demonstrate new technologies in accessing cultural resources that would facilitate new research across collections of different formats and origins.

 

• The State Archives had the honor of hosting First Lady Silda Wall Spitzer on February 26.  The visit offered an opportunity to discuss the official records of the First Lady and to urge consideration for the future of gubernatorial records, which are not automatically transferred to the Archives at the end of an administration.  Mrs. Spitzer and her staff viewed a sampling of archival records spanning the Dutch colonial era to today and the conservation lab, where they witnessed a demonstration of conservation techniques.  We also showed her a sampling of our efforts to bring historical documents into the classroom, including the innovative “Throughout the Ages” web site.  As a result of this visit, we are setting up meetings with the First Lady's Office to discuss OCE collaboration on the Rockefeller Centennial and H-F-C Quadricentennial activities, including the 1609 exhibit in the Museum.

 

• The New York State Archives and New York State Thruway Authority unveiled the eighth and newest History Happened Here kiosk on February 25, at the Thruway’s Oneida Travel Plaza.  The dedication ceremony included remarks from Richard Garrabrant, Division Director, New York State Thruway Authority and Chris Ward, State Archivist. Representatives from cosponsoring organizations also spoke: Frederick E. Miller, Executive Director of the Mohawk Valley Heritage Corridor Commission and Debbie Conway, Superintendent of the Ft. Stanwix National Monument, National Park Service.  The kiosks provide information on the history of the region in which they are located, including facsimiles of historical records from repositories within a 25-mile radius of the travel plaza.  The kiosks are very popular and we receive lots of good feedback from people who encounter the kiosks in their travels.

 

• The Archives is involved in several initiatives to strengthen disaster preparedness programs across the state for government records and other cultural materials.  We are working with NY’s SEMO through SED.  In February, Maria Holden went to Syracuse to give a presentation at the New York State Emergency Management Association's Winter Conference.  She spoke about State Archives emergency services to state and local government agencies, including training, advisory services, on-site consultations, and grants.  She also discussed lessons learned by archivists from Hurricane Katrina and the New York floods of 2006, and the importance of intergovernmental and inter-professional collaboration in protecting essential records.  FEMA has granted $2.5M to the CoSA for the Intergovernmental Preparedness for Essential Records project (IPER), which will develop and deliver training for emergency managers and records managers at every level of government.  Maria was instrumental in crafting that project and NY state and local governments will benefit significantly from this program.  We are also involved with the State Library, State Museum and partners throughout the state in a statewide planning project funded by the IMLS, called “Partnership for NY’s Cultural Heritage” which will survey cultural repositories and develop a statewide preservation plan.  Tomorrow, we will participate in a conference call sponsored by FEMA and NARA with state archivists from the NE region of the country.  Also on the call will be emergency management personnel and staff from the CIO’s offices in the states involved.  We will be talking about coordinated regional approaches to disasters involving federal, state and local government records.

 

CE (D) 3 New YorkState Universal Broadband Access Grant Program

Janet Welch, State Librarian and Assistant Commissioner for the Library, presented a brief introduction to this Item and introduced Mary Linda Todd of Library Development.  Ms. Todd reported on and updated the Cultural Education Committee on the status of the New York State (NYS) Universal Broadband Access Grant Program and libraries.

The NYS Library is requesting $1.25 million through the NYS Universal Broadband Access Grant Program for a statewide project entitled Bringing Broadband to New York’s Libraries that targets identified rural and urban pubic libraries serving high need communities.  Under the management of the NYS Library, staff will be working with 23 public library systems that contain 1,100 member libraries and their branches, and the New York Library Association will collaborate in a statewide partnership to work with 421 of their member public libraries that have been identified as having a minimum 10% poverty level in their service areas - $1million will be designated for public libraries for the purpose of creating or upgrading their broadband access and $250,000 will be used to provide such libraries with the resources to create Community Technology Centers

 

Bringing Broadband to New York’s Libraries has the following goals:

GOAL #1: Providing broadband access to public libraries serving identified high need rural and urban communities currently lacking any kind of reliable internet access;

GOAL #2: Upgrading broadband access (including voice service and wireless access) to public libraries serving identified rural and urban high need communities; and

 

GOAL #3: Providing funds so rural and urban public libraries in high need communities can offer digital literacy training according to state-prescribed standards and identified best practices, thereby becoming Community Technology Centers.

 

The State Library can provide a larger than the requested 4:1 match ratio.  Matching funds will include the $6.1m value of the Gates Foundation Opportunity Online Hardware Grant. Using a combination of state, federal, and private funding, the State Library can show evidence of a five-year sustainability effort beyond the grant period.  Federal E-Rate funds and Library Service and Technology (LSTA) funds will be used to show the majority of sustainability funding.  The impact will be shown through the employment of an evaluation process that will show beyond statistical methods community impact.  However, we are confident that the grant will have an impact in the following areas:

• Funding initiative: New York State lags behind many other states in providing broadband access funding for their libraries.  The latest example is California, in 2007, they were providing $100 million over a two-year period.  Funding this grant proposal would provide the beginning of a similar program.

 

• Smaller libraries, not just the larger metropolitan libraries like New York Public, will be able to offer their patrons quality broadband access services.  This grant targets the 421 libraries identified by the Gates Foundation Opportunity Online Hardware grant program.  The majority of these libraries are small, rural libraries.

 

• Connectivity Needs:  2007 ALA-FSU survey targeted the connectivity needs of these 421 libraries - over 95 % do not have adequate broadband access; 41% reported bandwidth speeds lower than 1mbps (less than T-1 service); and, 67% reported they have had to add wireless services to meet consumer needs and that has put an additional burden on their available bandwidth.

 

• Costs: Broadband access costs are expensive and can vary widely.  An American Library Association recent survey found that simple T1 service (1.5mbps) per second can cost $1,000 per month and the Metiri Report, published in 2007, reported that 20 mbps per second – the 2015 goal stated in the Broadband Access RFP was currently costing approximately $2,500 per month.

 

• E-Government Services: With more NY libraries having increased connectivity, more NY residents will be able to take advantage of business resources, career advancement tools, the Food Stamp Program, unemployment benefits, motor-vehicle services, and other E-Government services.

 

• Technology Training:  More NY library users will benefit from better trained library staff as $250,000 of the grant funds are designated to create Community Technology Centers in many libraries, with staff that are trained to instruct their local communities in using Internet searching tools, social networking software, etc.

 

• Statewide Internet Library:  More NY residents in their local libraries will be able to take advantage of  NOVELny, the pilot for the Statewide Internet Library.

 

• Partnerships:  Everyone wants to see these libraries participating in the grant to be able to sustain their connectivity costs beyond the duration of the grant period and not just for the five years mentioned in the Broadband Access RFP.

Part of the State Library’s role in this grant program is not merely to manage the funds and seeing they get paid out appropriately, but to work with the library systems and the individual libraries in facilitating stronger partnerships with each other and also with their local communities and local broadband providers. 

 

Through the State Library-sponsored Gates Hardware grant program, all of these participating libraries must take part in a mandated advocacy workshop, which will show them Best Practices for reaching out into their communities.

 

Discussion followed including question and answers.

 

(CE) (D) 2  Impactof Chartering Standards and Regulation on Museums, Historical Societies and Cultural Agencies

Regents amended §§3.27 and 3.30 of Regents Rules for chartering, incorporation and registration of museums, historical societies and cultural agencies effective March 9, 2006.

 

Clifford Siegfried, Assistant Commissioner for the Museum, provided a brief background on the Item and introduced David Palmquest who delivered the presentation and provided a handout on this topic.  Museums in New York are an important, growing and dynamic group of institutions.  The 1,400 Regents-chartered or incorporated institutions include: 644 museums, 761 historical societies, over 15,000 volunteer trustees, and millions of artifacts in art, science, natural history and history as well as millions of visitors and millions of dollars in income and expenditures.

 

The Regents created these education corporations through the charter process and are the regulators, and the ultimate trustees and guardians of these institutions, their finances, assets and collections.

 

Major Areas of Amendment: The amended regulation makes explicit the requirements that apply to all institutions, and provides clear requirements for qualifying for Regents registration and an absolute charter.  Specifically, the Rule:

• Provides new definitions of “museum,” “collection” and “cultural agency”
• Requires a mission statement, code of ethics, and IRS tax-exempt status
• Allows not more than 1/3 of board members to be related to each other
• Allows no more than 1/3 overlap of a board with another related board
• Allows a small museum to be staffed by qualified unpaid, volunteer personnel
• Requires a Board-constituted auditing committee, and requires larger institutions to have formal audits
• Provides new protections for facilities such as a working alarm system and a written disaster plan
• Requires accessibility to individuals with disabilities to the extent required by law
• Requires that larger, better funded, museums be open to the public a minimum of 1,000 hours/year
• Provides protections for collections, forbids use of collections as collateral for a loan, and requires collections not be capitalized
• Requires that trustees conduct financial affairs so as to not jeopardize the ownership or integrity of collections
• Requires that any school programs be based on State learning standards
• Allows historical societies without collections to exchange a charter for a Regents certificate of incorporation.

 

Procedural History: A brief regulation was first promulgated in March 1971

• The Regents added collections management and deaccessioning requirements in 1998
• The March 2006 amendment greatly expanded the requirements
• The regulation now needs technical amendments to:
• 1. narrow the number of institutions covered by the definition of “cultural agency” to eliminate “associations of teachers, students, graduates of educational institutions”
  2. include a statement that only those institutions that have collecting as a stated purpose in their charter or certificate of incorporation shall hold collections
  3. include “planetarium” in the definition of “museum”
  4. make clear that the requirement to be open 1,000 hours/year applies to an institution with a museum or exhibit facility
  5. make minor numbering and typographical corrections.

 

What Has Been Done To Implement The Regulation?

• State Museum staff mailed the regulation to constituents, presented at professional conferences, and made announcements on web sites and by e-mail.
• Staff plans to provide more guidance by mailing a memo on suggested implementation and by installing sources for help on the State Museum web site.
• Staff has revised documents used by constituents such as a sample constitution and bylaws, questionnaire, boilerplate forms and cover letters.

 

Impact of The Amendment:

• Staff implemented some changes immediately, such as the 1/3 rule on related trustees
• Institutions will need more time to implement other requirements
• Staff will recommend an Absolute charter only in cases where the regulation is fully met.

 

Setting A Benchmark:

• To ascertain existing conditions, the State Museum will expand its 2007 annual report form to ask questions of all institutions as to implementation of the new requirements.  Responses will establish a baseline measure and allow the State Museum to determine which requirements are problematic for institutions.

 

Museum Concerns:

Museums seek to:

• Be relevant in their communities
• Interact with schools and students
• Contribute to P-16 efforts
• Develop research in natural history and the sciences
• Preserve the artifacts of our legacy in history, art, anthropology and culture
• Be part of economic development and tourism initiatives
• Develop increased sources of funding and support
• Cope with a recession economy.

 

What museums face:

• Lack of SED Categorical Aid
• Funding issues
• Struggle to stay open
• Aging infrastructures. 

 

In a recession economy, museums see:

• Endowment and investment income drop
• Private contributions decline
• Utilities, staff and other costs increase
• Higher gas prices = fewer out-of-area visitors
• Higher admission prices and cuts in hours = declining attendance and support

 

What Still Needs To Be Done?

The Regents, SED and the State Museum need to:

• Provide reimbursement for educational programs for P-16 (Cultural and Museum Education Act)
• Expand the trustee workshop series
• Be sure school districts work cooperatively with local museums and historical societies in P-16 student programs
• Increase staff capacity in the Chartering office and promptly turn around charter actions
• Use annual report data to identify institutions running deficits
• Investigate ethical complaints promptly and effectively
• Launch a successful peer review project
• Inaugurate a regular printed quarterly newsletter
• Increase other mailings to and contact with the field
• Provide for electronic filing of the annual report form
• Start an electronic listserv using constituent’s e-mail and the State Museum web site
• Install a click-on state map on the State Museum web site to provide links to existing museum information and web sites
• Install annual report date (program and financial) on the web site for all chartered institutions for public inspection.

 

Discussion followed including question and answers.

 

(CE) D 3  Expansionof State Records Center – (The Governor’s proposed budget includes $12,585,000 for a capital project to expand the state records center.)

 

Chris Ward, Assistant Commission for the Archives provided a brief overview and noted the State Records Center is full and the plans are now focused on expanding the State Records Center that is located on the Harriman State Office Campus (in building 21).  Ms. Ward introduced Kathleen Roe who presented the report on this Item.  Ms. Roe reported on the $12.585 million capital project to double the capacity of the State Records Center. This important expansion of the records center will allow the Archives to store even more state government inactive records at prices much cheaper than possible through commercial vendors, thus saving the state hundreds of thousands of dollars and increasing revenue for the Archives’ state agency services program.

 

The State Records Center provides storage and services to State government agencies for their inactive records. This function was assumed by the State Archives in 1987 from the Office of General Services.  Agencies need to retain some records for legal, fiscal or administrative purposes for anywhere from five to twenty-five or more years.  However, most can be destroyed and in some cases are transferred to the custody of the State Archives. 

 

The State Records Center currently manages 253,490 cubic feet (of records).  Because we had been at capacity for literally years, last year was granted permission to open a satellite facility rented from a commercial vendor in Albany.

 

The Governor’s proposed budget includes $12,585,000 for a capital project to double the size of the Records Center, with construction beginning next year, completed by 2011.  It expands the current site (on the outer ring, which is not part of the planned repurposing of the campus) and doubles the space available including:

• Additional storage for inactive records (cost-effective storage space for agencies—much less expensive than commercial storage and better storage conditions)
• Storage for 60,000 cu ft of archival records
• Space for electronic records vaults/server farm (note that the project does not include funds for this purpose; at this point, we expect we will need $4 million to provide the infrastructure; will plan to request in capitol budget next year)

 

 

 Why we need this:

• Have been over capacity, with continued demand for more space from agencies, for over 8 years.  Estimate over 607,000 cubic feet of inactive state agency records are NOT in the State Records Center.  Instead, agencies are using either office space, their own warehouses, or more expensive commercial alternatives.
• In State Record Center (SRC) business plan, determined that the cost of running an expanded SRC with room for about 450,000 cubic feet of records would be only about $3 million—annually $1.7 million less than the cost of paying for storage of records with a commercial vendor.  Over a 20 year period, for which costs for the RC expansion would be bonded, savings would be over $35 million

 

 Issues related to this:

• Need to have a viable fee for storage if we are to ensure appropriate fiscal management of this service.  Outsourcing this function is very expensive.  Commercial storage runs from $8.09 per box to $14.85. 
• Records Center fee per box has been $2.20 since the 1980s.  Division of the Budget has agreed to raise the fee to $2.90 per box beginning in April 2009.   May require regular increases in the future to ensure that the revenue matches the costs as they change over time.
• Will need continued support and advocacy from the Regents to ensure that we are not caught between changes in costs and a fixed fee structure.

 

Discussion followed including question and answers.

 

(CE) Cultural Education Security Update

Kathleen Roe, provided an update on the status of the security review that is being conducted as the result of a recent arrest of a staff member for theft of collections and security continues to tighten.  (A packet of information was provided to each Regent.) Kathi Stanley was also present and provided information as well.

 

The State Library and State Archives have taken immediate steps to upgrade security on the 11th Floor of the Cultural Education building.  A panel of security experts is being convened to conduct a review of security in the Library, Archives and Museum.  A collections inventory controls audit is being conducted by SED.  Assessment reports should be completed by October 2008.  It is recommended that based on those reports, the Regents should work with SED to ensure that the necessary resources are available and practices implemented to further secure the collections of the Library, Archives and Museum.

 

The Cultural Education Committee discussed the need for increased security in the Archives, Library and Museum including questions and answers.  Mr. Cannell stated that the Cultural Education Staff are cooperating with the Attorney General’s office in identifying stolen property and recovering it.  In addition, weekly reports have been provided to the Commissioner of Education. 

 

 

REGENTS SUBCOMMITTEE ON AUDITS

 

 

Your Regents Subcommittee on Audits met yesterday morning.

 

Staff presented information on another audit trend that has been identified through the audits of school districts. The audit findings were in the area of Information Technology (IT) Controls in school districts. The audits conducted by the Office of the State Comptroller (OSC) identified numerous findings related to IT controls including a lack of a disaster recovery plan, inappropriate or undocumented access rights, and a lack of policy and procedures. We discussed the capability of all districts to fully implement the necessary controls and the possibility of centralizing these functions at the BOCES or county level. A multi-office work group will be convened to address some of the issues and report back to the subcommittee.    

 

Audit staff also described the process used for reviewing financial statements and identifying districts that may be in some fiscal stress. We discussed the possible correlation between fiscally stressed districts and poor academic performance as well as fiscal stress and small city districts. We also discussed the need for continuous monitoring of such districts.

 

We were presented with 17 audits that were issued by the Office of the State Comptroller. The Internal Audit Work Group, which is comprised of Deputy Commissioners’ Ahearn and Savo, Coordinator Charles Szuberla, Audit Director James Conway, and other staff from Counsel’s Office and Audit, identified 4 of the audits for more specific follow-up. Audits presented to the Subcommitee identified findings in the areas of procurement, claims processing, payroll, cash, financial reporting, information technology, segregation of duties, and budgeting. We discussed concerns with the use of Reserves and with the procurement of professional services   in school districts. Staff will follow-up on those particular areas. 

 

The following audits were presented for our review.

Office of the State Comptroller

 

              Adirondack Central School District

Amagansett Union Free School District

Bridgehampton Union Free School District

Canisteo-Greenwood Central School District

Capital Region BOCES

Clinton Central School District

Fire Island Union Free School District

Great Neck Union Free School District

Greenport Union Free School District

Madrid-Waddington Central School District

New Suffolk Common School District

Newcomb Central School District

Onteora Central School District

Pine Bush Central School District

Remsenbury-Speonk Union Free School District

Roosevelt Union Free School District

Sagaponack Common School District

 

 

We concluded the meeting by discussing the development of policy recommendations based on the trend information and any other information that had been provided to the Subcommittee.  This item has been added to the Regents Policy Agenda.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Appendix I

NEW YORK
STATE BOARD OF REGENTS CHARTER ACTION

 

CULTURAL EDUCATION

 

 

AMENDMENT OF CHARTERS

 

MOUNTAINSIDE FREE LIBRARY

Queensbury, Warren County

 

A provisional charter was granted to this corporation by action of the Board of Regents on July 5, 1894 to operate a library.  Such provisional charter was made absolute by Regents action on October 16, 1912.  The board of trustees has applied for an amendment to the absolute charter to change the corporate name to “Friends of Mountainside” and to restate the corporate purposes to authorize the corporation to preserve the building on New York State Route 9L in the Town of Queensbury, Warren County, New York, which was built to house the Mountainside Free Library; to preserve the contents of the aforesaid building; to encourage literacy and promote reading among the residents of and to preserve the heritage of, the North Queensbury community.  The Office of Cultural Education recommends that the absolute charter be amended accordingly.

 

UTICA
PUBLIC LIBRARY

Utica
, Oneida County

 

An absolute charter in the first instance was granted to this corporation by action of the Board of Regents on June 21, 1893 to operate a public library.  Such absolute charter was amended by Regents action on July 28, 1978, May 20, 1983 and September 15, 2000. The board of trustees has applied for an amendment to the absolute charter to change the term of office of the trustees to be three years with a maximum of three consecutive terms, with the terms of the trustee adjusted so that a substantially equal number of trustee terms expire in 2008, 2009 and 2010, with the individual terms to be determined by drawing lots.  The Office of Cultural Education recommends that the absolute charter be amended accordingly.

 

PROVISIONAL CHARTERS

 

THE CARLISLE HISTORICAL SOCIETY

Carlisle, Schoharie County

 

The board of trustees has petitioned the Board of Regents to form a corporation to encourage and disseminate a greater knowledge of the history of the State of New York and particularly the Town of Carlisle, County of Schoharie, and surrounding area; to promote history and original historical research, and educate and nurture the community’s interest in its history and historical resources; to gather, collect, own, hold, preserve, display and make available for study original appropriate historical documents, artifacts, books, manuscripts, papers, photographs, and other records and materials; to encourage the suitable marking of places of historic interest; to acquire by purchase, gift, devise, or otherwise the title to or the custody and control of historic sites and structures, and preserve and maintain such sites and structures; to bring together those people interested in history, encourage public interest in history, sponsor historical meetings, programs and field trips, sponsor exhibits, and issue publications in any format; to cooperate with county and state officials and historical organizations to collect and preserve materials of countywide and statewide significance.  The Office of Cultural Education recommends that a provisional charter be granted for a period of five years.

 

DELHI
HISTORICAL SOCIETY

Delhi
, Delaware
County

 

The board of trustees has petitioned the Board of Regents to form a corporation to promote history and historical research; to disseminate and encourage a greater knowledge relative to the history of the Town of Delhi, Delaware County, New York and the surrounding area; to collect, own, preserve, display, and make available for study appropriate historical artifacts, books, manuscripts, papers, photographs, and other records and materials; to encourage the suitable marking of places of historic interest; to bring together adults and children interested in history, encourage public interest in history, sponsor historical meetings, programs, and events, sponsor exhibits, and issue publications in any format; to cooperate with Delaware County Historical Association in projects and activities of local/mutual interest; to acquire by purchase, gift, or otherwise the title to or the custody and control of historic sites and structures, and preserve and maintain such sites and structures.   The Office of Cultural Education recommends that a provisional charter be granted for a period of five years.

 

THE EAST END AFRICAN AMERICAN MUSEUM AND CENTER FOR EXCELLENCE

Southampton, Suffolk County

 

The board of trustees has petitioned the Board of Regents to form a corporation to establish and maintain a history museum relating to African-American and African history, and in particular the African-American heritage of the East End of Long Island; to collect, own, hold, maintain, preserve, and make available appropriate historical objects and artifacts; to build understanding among all people; to increase community-wide appreciation of African-American history and the contributions of African-American people; to arrange, create, maintain and promote appropriate historical exhibits and displays; to encourage the suitable marking of appropriate places of historic interest; to acquire by purchase, gift, devise, or otherwise the title to or the custody and control of appropriate historic sites and structures, and preserve and maintain such sites and structures; to establish and maintain an historical research collections and archives; to highlight the rich African-American historical legacy, bring together those people interested in history, encourage public interest in history, sponsor historical meetings, cultural activities, programs and events, and issue publications in any format; to cooperate with other appropriate museums and historical societies in projects and activities of mutual interest; to cooperate with county and state officials and historical organizations to collect and preserve materials of countywide and statewide significance. The Office of Cultural Education recommends that a provisional charter be granted for a period of five years.

 

GREENE ARBORETUM

Cornwallville
, Greene County

 

The board of trustees has petitioned the Board of Regents to form a corporation to establish and maintain an arboretum of hardy woody plants from around the world, in Cornwallville, County of Greene, open and accessible to the public; to collect, own, hold, maintain, preserve, and make available a botanically diverse array of landscape plants; to arrange, create, maintain and promote appropriate exhibits and displays; to illustrate to the public how such a landscape can be cultivated with both ecological sensitivity and artistry; to encourage a deeper public understanding and appreciation of nature and the importance of practicing sustainable land stewardship; to promote and support research and scholarship, issue publications in any format, and organize appropriate activities, workshops, tours, programs and events for the public, including   opportunities for hands-on experience. The Office of Cultural Education recommends that a provisional charter be granted for a period of five years.

 

HISTORICAL ASSOCIATION OF VIENNA

North Bay
, Oneida County

 

The board of trustees has petitioned the Board of Regents to form a corporation to encourage and disseminate a knowledge of the greater Vienna community in the County of Oneida, State of New York to promote original historic research in said community; to gather, collect, own, hold, preserve, display and make available for study appropriate historical artifacts, books, manuscripts, papers, photographs, and other such records and materials as the Historical Association of Vienna might have; to bring together and encourage those people interested in history, sponsor historical meetings, programs and events, sponsor exhibits, and issue publications in any format; to encourage the documentation of current history and culture; to cooperate with county and state officials and historical organizations to collect and preserve materials of county and statewide significance.  The Office of Cultural Education recommends that a provisional charter be granted for a period of five years.

 

LANSING
COMMUNITY LIBRARY

Lansing
, Tompkins County

 

The board of trustees has petitioned the Board of Regents to form a corporation to provide public library services to the residents of the Lansing Central School District in Tompkins County.  The Office of Cultural Education recommends that a provisional charter be granted for a period of five years.

 

 

LEE
YOUNG HEE MUSEUM
OF KOREAN CULTURE

New York City
, New York
County

 

The board of trustees has petitioned the Board of Regents to form a corporation to establish and maintain a museum relating to Korean culture; to collect, own, hold, maintain, preserve, and make available appropriate objects and artifacts of Korean traditional clothing, costumes, personal ornaments and accessories, furniture, books, domestic items, art, and similar items reflecting Korean culture; to arrange, create, maintain and promote appropriate exhibits; to promote and support research and scholarship, issue publications in any format, and organize cultural activities, programs and events for the public relating to Korean culture, including, but not limited to, costumes, traditional ceremonies and literature. The Office of Cultural Education recommends that a provisional charter be granted for a period of five years.

 

LIBERTY
MUSEUM AND ARTS CENTER

Liberty
, Sullivan County

 

The board of trustees has petitioned the Board of Regents to form a corporation to establish and maintain a museum of history, art and culture in the Village of Liberty, County of Sullivan to encourage, promote and disseminate a greater knowledge of the history, arts and culture of the State of New York and particularly the Town and Village of Liberty, County of Sullivan, and surrounding area; to collect, own, hold, maintain, preserve, and make available appropriate historical artifacts and works of art; to arrange, create, maintain and promote appropriate history and art exhibits, including permanent, traveling and temporary exhibits; to bring together those people interested in history, art and culture; to encourage the suitable marking of places of historic interest, and to acquire by purchase, gift, devise, or otherwise the title to or the custody and control of historic sites and structures, and preserve and maintain such sites and structures; to establish and maintain an historical research center and archives; to organize historical, artistic and cultural activities, meetings, programs and events for the public; to promote and support historical research and scholarship, and issue publications in any format.  The Office of Cultural Education recommends that a provisional charter be granted for a period of five years.

 

PINE BUSH AREA PUBLIC LIBRARY DISTRICT

Pine Bush, Orange County

 

The board of trustees has petitioned the Board of Regents to form a corporation to provide public library services to the residents of the library district comprised of the town of Crawford in Orange County and that portion of the town of Shawangunk which lies within the Pine Bush Central School District in Ulster County.  The Office of Cultural Education recommends that a provisional charter be granted for a period of five years.

 

 

 

 

EXTENSION OF CHARTERS

 

DORIS DUKE FOUNDATION FOR ISLAMIC ART

New York City
, New York
County

 

A provisional charter was granted to this corporation by action of the Board of Regents on July 18, 2002 to promote the study and understanding of Middle Eastern art and culture and to preserve Islamic art.  The board of trustees has applied for an extension of the provisional charter. The Office of Cultural Education recommends that the provisional charter be extended for a period of five years to allow the corporation additional time to develop its programs and otherwise demonstrate that it can meet the requirements for an absolute charter.

 

THE PEOPLE’S MUSEUM

Astoria
, Queens County

 

A provisional charter was granted to this corporation by action of the Board of Regents on December 15, 2000 to operate a museum.  The board of trustees has applied for an extension of the provisional charter.  The Office of Cultural Education recommends that the provisional charter be extended for a period of five years to allow the corporation additional time to develop its programs and otherwise demonstrate that it can meet the requirements for an absolute charter.

 

ORDER OF CONSOLIDATION

 

LIBERTY
MUSEUM AND ARTS CENTER and LIBERTY HISTORY & ART CENTER, INC.

Liberty
, Sullivan County

 

The board of trustees and the board of directors have petitioned the Board of Regents, pursuant to Education Law §223, for an order of consolidation of Liberty Museum and Arts Center and Liberty History & Art Center, Inc.  The Liberty Museum and Arts Center has petitioned the Board of Regents for a provisional charter.  Liberty History & Art Center, Inc. was incorporated under §402 of the Not-For-Profit Corporation Law (NPCL) on August 31, 1995.  Upon the effective date of the consolidation of Liberty Museum and Arts Center and Liberty History & Art Center, Inc., Liberty Museum and Arts Center will assume all the assets, liabilities and responsibilities of both organizations. The consolidated corporation will operate under the provisional charter granted to Liberty Museum and Arts Center.  The Office of Cultural Education recommends that an order of consolidation of Liberty Museum and Arts Center and Liberty History & Art Center, Inc., be granted, forming Liberty Museum and Arts Center.

 

CERTIFICATES OF INCORPORATION

 

THE HARLEM CULTURAL ARCHIVES

New York City
, New York
County

 

The board of trustees has petitioned the Board of Regents to form a corporation to encourage and disseminate a greater knowledge of the history of the State of New York and particularly Harlem and surrounding neighborhoods; to promote the study of persons and institutions critical to the understanding of the Harlem community; to promote history and original historical research; to sponsor oral history projects in any media, and create, disseminate, publish and issue products and publications in any format; to maintain a historical reference collection and appropriate research files and documentation; to bring together those people interested in history, encourage public interest in history, and sponsor historical meetings, programs, events and exhibits; to refer to other appropriate museums or historical societies the donation or ownership of any artifacts; to cooperate with city, borough and state officials and historical organizations to help them collect and preserve materials of citywide and statewide significance.  The corporation is not authorized to operate or maintain a museum, or to own or hold collections. The Office of Cultural Education recommends that a certificate of incorporation be issued.

 

THE JAMES FENIMORE COOPER SOCIETY

Oneonta, Otsego County

 

The board of trustees has petitioned the Board of Regents to  encourage appreciation of and scholarship in the works of James Fenimore Cooper and Susan Fenimore Cooper; to promote public awareness of the lives, writings and significance of James Fenimore Cooper and Susan Fenimore Cooper; to hold meetings promoting research on these American authors; to publish research about these authors; to provide information and educational programs for schools, colleges, non-profit organizations, and the public. The Corporation will not be authorized to own or hold collections in connection herewith.  The Office of Cultural Education recommends that a certificate of incorporation be issued.

 

 

ELEMENTARY, MIDDLE, SECONDARY AND CONTINUING EDUCATION

 

AMENDMENT OF CHARTER

 

TIFERES
MIRIAM HIGH SCHOOL
FOR GIRLS

Brooklyn, Kings County

 

A provisional charter was granted to this corporation by action of the Board of Regents on July 26, 1992 to operate a grades nine through twelve secondary school for girls.  The board of trustees has applied for an amendment to the provisional charter to change the corporate name to “Congregation Tiferes Miriam”, to add authority to also operate grades six through eight and, as so amended, be extended. The Office of Nonpublic School Services recommends that the provisional charter be amended accordingly and, as so amended, extended for a period of three years to allow the corporation additional time to develop its programs and otherwise demonstrate that it can meet the requirements for an absolute charter.

 

PROVISIONAL CHARTERS

 

COVENANT
ACADEMY

Tonawanda
, Erie County

 

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

 

LOURDES
ACADEMY

Brooklyn, Kings County

 

The board of trustees has petitioned the Board of Regents to form a corporation to operate a grades nine through twelve high school.  The Office of Nonpublic School Services recommends that a provisional charter be granted for a period of three years.

 

EXTENSION  OF
CHARTERS

 

BNOS
MENACHEM SCHOOL
FOR GIRLS

Brooklyn, Kings County

 

A provisional charter was granted to this corporation by action of the Board of Regents on April 23, 2002 to operate a preschool, kindergarten, and a grades one through twelve school.  The board of trustees has petitioned for an extension of the provisional charter. The Office of Nonpublic School Services recommends that the provisional charter be extended for a period of three years to allow the corporation additional time to develop its programs and otherwise demonstrate that it can meet the requirements for an absolute charter.

 

MDQ
ACADEMY

Bay Shore, Suffolk County

 

A provisional charter was granted to this corporation by action of the Board of Regents on February 14, 2006 to operate a nursery school and a kindergarten through grade six elementary school.  The board of trustees has petitioned for an extension of the provisional charter. The Office of Nonpublic School Services recommends that the provisional charter be extended for a period of three years to allow the corporation additional time to develop its programs and otherwise demonstrate that it can meet the requirements for an absolute charter.

 

 

 

THE MESORAH SCHOOL

Brooklyn, Kings County

 

A provisional charter was granted to this corporation by action of the Board of Regents on November 19, 1993 to operate a grades one through eight elementary school for children with disabilities. The board of trustees has petitioned for an extension of the provisional charter. The Office of Vocational and Educational Services for Individuals with Disabilities (VESID) has been provided with an opportunity to review this action and the trustees have been advised that the granting of any amendments thereof or extensions thereof does not constitute approval for state funding for programs and services under the jurisdiction of VESID. The Office of Nonpublic School Services recommends that the provisional charter be extended for a period of three years to allow the corporation additional time to develop its programs and otherwise demonstrate that it can meet the requirements for an absolute charter.

 

MILESTONES CHILDREN’S CENTER

Watertown
, Jefferson County

 

A provisional charter was granted to this corporation by action of the Board of Regents on March 15, 2005 to operate and maintain special education and ancillary educational programs and services for pre-school and school age children with disabilities.  The board of trustees has petitioned for an extension of the provisional charter.  The Office of Vocational and Educational Services for Individuals with Disabilities (VESID) has been provided with an opportunity to review this action and the trustees have been advised that the granting of any amendments thereof or extensions thereof does not constitute approval for state funding for programs and services under the jurisdiction of VESID. The Office of Nonpublic School Services recommends that the provisional charter be extended for a period of three years to allow the corporation additional time to develop its programs and otherwise demonstrate that it can meet the requirements for an absolute charter.

 

WEST
END DAY SCHOOL

New York City
, New York
County

 

A provisional charter was granted to this corporation by action of the Board of Regents on December 7, 2004 to operate a kindergarten and a grades one through six elementary school, which serves children with social, emotional and/or learning disabilities. The board of trustees has petitioned for an extension of the provisional charter. The Office of Vocational and Educational Services for Individuals with Disabilities (VESID) has been provided with an opportunity to review this action and the trustees have been advised that the granting of any amendments thereof or extensions thereof does not constitute approval for state funding for programs and services under the jurisdiction of VESID. The Office of Nonpublic School Services recommends that the provisional charter be extended for a period of three years to allow the corporation additional time to develop its programs and otherwise demonstrate that it can meet the requirements for an absolute charter.

 

 

 

APPLICATION FOR REGENTS CONSENT TO FILE A CERTIFICATE OF ASSUMED NAME

 

ANDERSON
CENTER
FOR AUTISM

Hyde Park, Dutchess County

 

A provisional charter was granted to this corporation under the corporate name “Anderson School” by action of the Board of Regents on January 25, 1978 to conduct and operate a private secondary school for pupils in grades seven through twelve.  Such provisional charter was amended by Regents action on January 24, 1979 and June 21, 1979 and was made absolute by Regents action on September 25, 1981.  Such absolute charter was amended by Regents action on April 26, 1985, July 22, 1986, November 9, 2001 and amended on September 11, 2006 to change the corporate name to “Anderson Center for Autism.”  The corporation obtained the Board of Regents consent on March 19, 2007 to use the assumed names “Anderson Children’s Services,” “Anderson Adult Services,” “Anderson Center Consulting Services,” and “Anderson School.”   The board of trustees has requested that the Board of Regents consent to the filing of a certificate of assumed name pursuant to General Business Law §130 to authorize the corporation to use the assumed names “ACA,” “Anderson Center,” and “Anderson Preschool Services.”  The Office of Nonpublic School Services recommends that the consent of the Board of Regents to the filing of such certificates of assumed names be granted.

 

LURIA
ACADEMY OF BROOKLYN

Brooklyn, Kings County

 

A provisional charter was granted to this corporation by action of the Board of Regents on July 25, 2007 to operate a day care center, preschool, kindergarten and a grades one through six elementary school.  The board of trustees has requested that the Board of Regents consent to the filing of a certificate of assumed name pursuant to General Business Law §130 to authorize the corporation to use the assumed name “Torah Research Academy.”  The Office of Nonpublic School Services recommends that the consent of the Board of Regents to the filing of such certificate of assumed name be granted.

 

 

HIGHER AND PROFESSIONAL EDUCATION

 

 

ABSOLUTE CHARTER

 

LOUIS V. GERSTNER, JR. GRADUATE SCHOOL OF BIOMEDICAL SCIENCES, MEMORIAL SLOAN-KETTERING CANCER CENTER

New York City
, New York
County

 

A provisional charter was granted to this corporation by action of the Board of Regents on September 10, 2004 to form a corporation to provide one or more courses of study, which shall include scientific research as well as academic instruction, leading to the earned degrees of Master of Science (M.S.) and Doctor of Philosophy (Ph.D.) and the honorary degree of Doctor of Science (Sci.D.).  Such provisional charter was amended by Regents action on January 11, 2005 to change the corporate name to “Louis V. Gerstner, Jr. Graduate School of Biomedical Sciences, Memorial Sloan-Kettering Cancer Center.”  The board of trustees has applied for an absolute charter.  The Office of Professions recommends that the provisional charter be made absolute.

 

 

                                                       

Supplemental Charter Application

 

EXTENSION OF CHARTER

 

BURCHFIELD-PENNEY
ART CENTER

Buffalo
, Erie County

 

A provisional charter was granted to this corporation by action of the Board of Regents on November 10, 2000 to collect, conserve, exhibit, and interpret the artist works of distinguished artists and architects who live or have lived in Western New York, most notably Charles E. Burchfield.  The board of trustees has applied for an extension of the provisional charter.  The Office of Cultural Education recommends that the provisional charter be extended for a period of five years to allow the corporation additional time to develop its programs and otherwise demonstrate that it can meet the requirements for

 

 

 

 

 

 

 

 

 

 

 

 

 

Appendix II

REGENTS ACTIONS IN 50 PROFESSIONAL DISCIPLINE CASES

AND 3 RESTORATION PETITIONS

 

March 17-18, 2008

 

              The Board of Regents announced disciplinary actions resulting in the revocation of 4 licenses, surrender of 13 licenses, and 33 other disciplinary actions.  The penalty indicated for each case relates solely to the misconduct set forth in that particular case.  In addition, the Board acted upon 3 restoration petitions.

 

 

Dentistry

 

              Theresa M. Capasso a/k/a Theresa Mello; 61-01 81st Street, Middle Village, NY 11379; Lic. No. 045982; Cal. No. 23834; Application to surrender license granted.  Summary:  Licensee did not contest the charge that while employed and on duty as a dentist, she asked a fellow employee dentist to fill out and sign a prescription for 10 tablets of Tylenol III and falsely stated to said colleague that the prescription was for an unnamed patient in the waiting area of the practice. Said colleague did so and thereafter, without the authorization of said colleague, licensee filled in her birth name as the patient, knowing that said colleague had not treated her; changed the number of prescribed tablets to 16; and thereafter filled said prescription.

 

Massage Therapy

 

              Nan Suk Clark; 65-14 Woodside Avenue, Woodside, NY 11377; Lic. No. 014576; Cal. No. 23700; Application to surrender license granted.Summary:  Licensee pled guilty to charges of having been convicted of Promoting Prostitution in the 4th Degree and willfully filing a false report.

 

Nursing

 

              Jessika Meyer; Licensed Practical Nurse; 25789 Lyndale Road, Renner, SD 57055; Lic.No. 267646; Cal. No. 23256; Found guilty of professional misconduct; Penalty: Revocation.

 

              Jacob Ade Onanuga; Licensed Practical Nurse, Registered Professional Nurse; 26 Clyde Avenue, Hempstead, NY 11550; Lic. Nos. 223339, 540994; Cal. Nos. 23609, 23610; Found guilty of professional misconduct; Penalty: Revocation.

 

              Rosann Michele Silvia; Registered Professional Nurse; 144 Colony Drive, Holbrook, NY 11741-2894; Lic. No. 339203; Cal. No. 23752; Application to surrender license granted.Summary: Licensee did not contest charges of diverting the controlled substance Dilaudid and Morphine from the supplies of her nursing employers for her own use.

 

              Claudette Doreen Davis; Licensed Practical Nurse; 802 John’s Pointe Drive, Oakland, FL 34787; Lic. No. 151232; Cal. No. 23797; Application to surrender license granted.Summary:  Licensee admitted to the charge of having been convicted of Grand Larceny in the 3rd Degree, a class D felony.

 

              Renee Fulmer; Licensed Practical Nurse; P.O. Box 14, Willet, NY 13863; Lic. No. 245257; Cal. No. 23865; Application to surrender license granted.Summary:  Licensee admitted to charges of having been convicted of Willful Violation of Health Laws and Falsifying Business Records in the 2nd Degree.

 

              Sue A. McDade; Registered Professional Nurse; 67 Celeste Drive, Rensselaer, NY 12144; Lic. No. 318115; Cal. No. 23896; Application to surrender license granted. Summary:  Licensee admitted to charges of having been convicted of  Rape, 2nd Degree; Sexual Abuse, 2nd Degree; and Endangering the Welfare of an Incompetent or Physically Disabled Person.

 

Pharmacy

 

              Robert Allen Horlocher, Jr.; 39 Pinehurst Drive, Mt. Sinai, NY 11766; Lic. No. 048209; Cal. No. 23587; Application to surrender license granted. Summary: Licensee did not contest the charge of being dependent on, or a habitual user of, the prescription-required, controlled narcotic drug hydrocodone.

 

              Howard Topchik a/k/a Sheldon H. Topchik; 242 Merrick Road, Oceanside, NY 11572; Lic. No. 021317; Cal. No. 23887; Application to surrender license granted. Summary:  Licensee admitted to the charge of practicing the profession of pharmacy fraudently.

 

Psychology

 

              Marvin A. Conan; 320 West 86th Street, New York, NY 10024; Lic. No. 004653; Cal. No. 23869; Application to surrender license granted.  Summary:  Licensee admitted to the charge of committing conduct in the practice of psychology evincing moral unfitness to practice that profession in that he engaged in a sexual relationship with a patient.

 

Public Accountancy

 

              David J. Zwibel a/k/a Joseph David a/k/a John D. Miller; Certified Public Accountant; 114 Lakeside Drive East, Lawrence, NY 11559; Lic. No. 046460; Cal. No. 23220; Application to surrender license granted.  Summary:  Licensee admitted to charges of having been convicted of Attempted Criminal possession of a Forged Instrument in the 2nd Degree and Scheme to Defraud in the 1st Degree, both class E felonies.

 

              David Alan Kaplan; Certified Public Accountant; 120 Raspberry Court, Melville, NY 11747; Lic. No. 064657; Cal. No. 23769; Application to surrender license granted. Summary:  Licensee admitted to charges of having been convicted of Conspiracy to Commit Securities Fraud and Conspiracy to Obstruct Justice, both felonies.

 

              Lloyd Howard Silverstein; Certified Public Accountant; 21 Blueberry Court, Melville, NY 11747; Lic. No. 055639; Cal. No. 23799; Application to surrender license granted.Summary:  Licensee admitted to the charge of having been convicted of Conspiracy to Obstruct Justice, a felony.

 

              David Paul Rivard; Certified Public Accountant; 77 Saddle Rock Road, East Setauket, NY 11733; Lic. No. 067369; Cal. No. 23827; Application to surrender license granted.  Summary:  Licensee admitted to the charge of having been convicted of Conspiracy to Commit Securities Fraud and Conspiracy to Obstruct Justice, both felonies.

 

Social Work

 

              Carrie Lee Virginia Wilson-Rhodes; Licensed Master Social Worker; 59 Parkway Avenue, P.O. Box 483, Amityville, NY 11701-0483; Lic. No. 057139; Cal. No. 23710; Found guilty of professional misconduct; Penalty: Revocation, $10,000 fine.

 

 

II. OTHER REGENTS DISCIPLINARY ACTIONS

 

Architecture

 

              Anthony J. Morali; 100 William Street, New York, NY 10038; Lic. No. 017683; Cal. No. 23696; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $10,000 fine.

 

Clinical Laboratory Practitioner

 

              Milena Halfin; Clinical Laboratory Technologist; 7145 Perri Lane, Brooklyn, NY 11234-5734; Lic. No. 008283; Cal. No. 23704; Application for consent order granted; Penalty agreed upon: Annulment of license to practice as a clinical laboratory technologist.

 

Dentistry

 

              Stephen Yen; 9 East 45th Street, New York, NY 10017; Lic. No. 035521; Cal. No. 23482; Application for consent order granted; Penalty agreed upon: Indefinite actual suspension for not less than 12 months and until fit to practice, upon termination of suspension 2 years probation to commence if and when return to practice.

 

Engineering and Land Surveying

 

              John H. Fink; Professional Engineer; Box 203, Callicoon, NY 12723-0203; Lic. No. 054074; Cal. No. 23748; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation.

 

Nursing

 

              Beris May Ming Harper; Registered Professional Nurse; 3140 Kingsland Avenue, Bronx, NY 10469-3117; Lic. No. 211019; Cal. No. 23272; Application for consent order granted; Penalty agreed upon: 3 month actual suspension, 21 month stayed suspension, 2 years probation.

 

              Jane Helen Cochran; Registered Professional Nurse; County Route 12, Andover, NY 14806; Lic. No. 540625; Cal. No. 23280; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $500 fine.

 

              George Chmielewski; Licensed Practical Nurse; 145 Mappa Avenue, Barneveld, NY 13304-2420; 9642 Main Street, P.O. Box 508, Remsen, NY 13488; Lic. No. 266199; Cal. No. 23489; Found guilty of professional misconduct; Penalty: 2 year suspension, execution of suspension stayed, $2,500 fine.

 

              Frances B. Hafner; Licensed Practical Nurse; 75 Rusty Lane, Rochester, NY 14626; Lic. No. 093983; Cal. No. 23592; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $250 fine.

 

              Lavern Angella Pryce; Licensed Practical Nurse, Registered Professional Nurse; 189-16 Pineville Lane, Springfield Gardens, NY 11413; Lic. Nos. 248980, 495177; Cal. Nos. 23624, 23625; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $500 fine.

 

              Rosanne Ficarra; Registered Professional Nurse; 24 Lakeview Drive, Mastic Beach, NY 11951; Lic. No. 454613; Cal. No. 23632; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $1,500 fine, 50 hours public service.

 

              Patricia Bernadette Walegir; Registered Professional Nurse; 43-45 Murray Street, Flushing, NY 11355-1327; Lic. No. 237505; Cal. No. 23634; Application for consent order granted; Penalty agreed upon: Indefinite actual suspension for not less than 3 months and until fit to practice, upon termination of suspension 2 years probation to commence if and when return to practice, $500 fine.

 

              AfiaAgyarkwaah Kyei-Anti; Registered Professional Nurse; 11 Sportsman Drive, Shirley, NY 11967; Lic. No. 520335; Cal. No. 23638; Application for consent order granted; Penalty agreed upon: 6 month actual suspension, 18 month stayed suspension, 2 years probation, $1,500 fine.

 

              Amy M. Willson; Registered Professional Nurse; 11330 Big Tree Road, East Aurora, NY 14052; Lic. No. 515696; Cal. No. 23667; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $750 fine.

 

              Renee M. Durant; Licensed Practical Nurse; 1222 East 225th Street, Bronx, NY 10466; Lic. No. 265031; Cal. No. 23673; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $500 fine.

 

              Diane Louise Lamphere; Licensed Practical Nurse; P.O. Box 217, Parish, NY 13131; Lic. No. 225012; Cal. No. 23708; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $250 fine.

 

              Jacqueline Jorgensen Fuzessery; Licensed Practical Nurse; 27 Hillcrest Avenue, Ossining, NY 10562; Lic. No. 244505; Cal. No. 23714; Application for consent order granted; Penalty agreed upon: Indefinite actual suspension until successfully participate in course of therapy and treatment and until fit to practice, upon termination of suspension 2 years probation, $500 fine.

 

              Gail Diane Tobin a/k/a Gail Grab; Licensed Practical Nurse, Registered Professional Nurse; 17 Johnson Road, LaGrangeville, NY 12540; Lic. Nos. 111289, 291281; Cal. Nos. 23716, 23717; Application for consent order granted; Penalty agreed upon: Indefinite actual suspension until successfully participate in course of therapy and treatment and until fit to practice, upon termination of suspension 2 years probation, $500 fine.

 

              Marilyn Frances Lenardon a/k/a Marilyn Muller Lenardon; Licensed Practical Nurse, Registered Professional Nurse; 529 East 235th Street, Bronx, NY 10470-2402; Lic. Nos. 069704, 488983; Cal. Nos. 23720, 23721; Application for consent order granted; Penalty agreed upon: 1 month actual suspension, 11 month stayed suspension, 1 year probation, $500 fine.

 

              Tammy L. Gebo; Licensed Practical Nurse; 270 Mullin Street, Watertown, NY 13601; Lic. No. 274479; Cal. No. 23725; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $250 fine.

 

              Laura A. Peters; Licensed Practical Nurse; P.O. Box 534, Manorville, NY 11980; Lic. No. 249038; Cal. No. 23734; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $500 fine.

 

              Keri Lynn Mazzella; Licensed Practical Nurse; 215 Milton Crossroads, Highland, NY 12528-2256; Lic. No. 273627; Cal. No. 23739; Found guilty of professional misconduct; Penalty: 2 year suspension, execution of suspension stayed.

 

              Sarah Ann Simmons; Registered Professional Nurse; P.O. Box 73, Millerton, NY 12546; Lic. No. 500065; Cal. No. 23747 ; Application for consent order granted; Penalty agreed upon: Indefinite actual suspension until successfully participate in course of therapy and treatment and until fit to practice, upon termination of suspension 2 years probation.

 

              Karen L. Milton; Licensed Practical Nurse; 2701 W. Belfort Street, Houston, TX 77054; Lic. No. 257972; Cal. No. 23805; Application for consent order granted; Penalty agreed upon: 3 month actual suspension, 9 month stayed suspension, 1 year probation to commence if and when return to practice in State of New York, $250 fine payable within 6 months.

 

Pharmacy

 

              Vito F. Lavango; 5005 Crescent Circle, Canandaigua, NY 14424; Lic. No. 042910; Cal. No. 23249; Application for consent order granted; Penalty agreed upon: 6 month actual suspension, 18 month stayed suspension, 2 years probation to commence if and when return to practice, $500 fine payable within 6 months.

 

              Daniel Lewis; 64 Lumur Drive, Sayville, NY 11782; Lic. No. 042413; Cal. No. 23627; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $1,500 fine.

 

              ShahabUddin Ahmed; 5 Pironi Court, Woodbury, NY 11797; Lic. No. 033930; Cal. No. 23743; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $10,000 fine.

 

              M. and S. Drugs Inc. d/b/a Long Island City Chemists; Pharmacy; 30-12 36th Avenue, Long Island City, NY 11106; Reg. No. 018640; Cal. No. 23744; Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $10,000 fine.

 

Public Accountancy

 

              Vincent Michael Labbate; Certified Public Accountant; 343 Linden Street, Massapequa Park, NY 11762-1132; Lic. No. 082475; Cal. No. 23079; Application for consent order granted; Penalty agreed upon: 3 month actual suspension, 21 month stayed suspension, 2 years probation, $2,500 fine.

 

              Bruce Danoff; Certified Public Accountant; 225 East 57th Street, New York, NY 10022; Lic. No. 042642; Cal. No. 23645; Application for consent order granted; Penalty agreed upon: Indefinite actual suspension in certain area for no less than 1 year and until terminated as set forth in application, upon termination of suspension 2 years probation, $7,500 fine.

 

Veterinary Medicine

 

 

              Chantal A. Mohr; 96 Fifth Avenue, New York, NY 10011; Lic. No. 009705; Cal. No. 23692; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation to commence if and when return to practice, $500 fine payable within 60 days.

 

 

 

              The Board of Regents voted on March 18, 2008 to deny the petition for restoration of the pharmacist license of Manzoor H. Jaffery, 20 Weed Hill Avenue, Stamford, CT 06907. Mr. Jaffery’s license was originally revoked effective March 5, 1990.

 

The Board of Regents voted on March 18, 2008 to deny the petition for restoration of the registered professional nurse license of Carol A. Redding (a/k/a Carol A. Havens), 31 Neal Path, South Setauket, NY 11720. Ms. Redding’s license was originally surrendered effective June 19, 1990.

 

              The Board of Regents voted on March 18, 2008 to grant the petition for restoration of the physician license of William Wright, Jr., 828 Glenview Street, Philadelphia, PA 19111. Dr. Wright’s license was originally revoked effective December 22, 1994.