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34. Material Misstatement on Application

42 DOS 95 Matter of Hayes - applicant who was previously licensed fails to prove trustworthiness; convicted for sexual abuse, second degree (contact with a minor); material misstatement in application for license; evidence of character must establish reputation; no conditional license for commercial property only; unfavorable inference drawn from failure to call witnesses with knowledge about a material issue

95 DOS 95 Matter of DOS v. I. M. Sharp, Inc., et al. - qualifying experience; consolidation of actions; material misstatement in application; retention of salesperson's listings, Reg. 175.14; license granted

CRC #95-0668, Matter of DOS v. Okeowo - Consent Order - salesperson made material misstatement in application for real estate salesperson’s license; felony conviction; immediate surrender of license, reapplication for license as a salesperson prohibited for 6 months and must provide Certificate of Relief from Disabilities upon reapplication for said conviction

CRC # 95-0464, Matter of Butin - Consent Order - material misstatement on application; applicant unintentionally fails to disclose on application federal conviction which would constitute a misdemeanor in New York; $750.00 fine

290 DOS 97 Matter of DOS v. Balram - proof of qualifying experience; material misstatement on application; failure to cooperate with DOS investigation; RPL §441(3)(a) applies to all renewal applications for a real estate license for any license period commencing November 1, 1995 and thereafter; falsely stating in an application to renew a salesperson’s license that the continuing education requirement has been completed is a material misstatement; applicant’s affirmation on renewal application establishes intent to mislead DOS; DOS fails to prove that licensee had actual or implied knowledge of DOS’s requests for information and fails to establish violation of RPL §442-e(5); licensee failed to timely comply with the real estate salesperson’s continuing education requirement; two months license suspension

291 DOS 97 Matter of DOS v. Bukzin - proof of qualifying experience; material misstatement on application; due process; failure to appear at hearing; ex parte hearing is permissible upon proof of proper notice of hearing; salesperson obtained renewal of license by falsely indicating that she had complied with continuing education requirements of RPL §441(3)(a); license revoked

292 DOS 97 Matter of DOS v. Lambrakos - proof of qualifying experience; material misstatement on application; applicant unaware of requirement to complete and did not complete continuing education course; material misstatement on application by indicating applicant had completing course, albeit as a result of a misunderstanding; RPL §441(3)(a) requires successful completion of continuing education class before license renewal; license revoked

294 DOS 97 Matter of DOS v. Greene - proof of qualifying experience; material misstatement on application; failure to cooperate with DOS investigation; RPL §441(3)(a) applies to all renewal applications for a real estate license for any license period commencing after November 1, 1995; applicant incorrectly stated on renewal application that he had completed required continuing education course as he mistakenly believed that a real estate computer course satisfied the statutory requirement; DOS fails to prove licensee refused or failed to cooperate with an investigation as it fails to prove licensee had actual or implied knowledge of DOS’s requests; applicant failed to comply with the continuing education requirements of RPL §441(3)(a); salesperson’s license revoked

307 DOS 97 Matter of DOS v. Richards - proof of qualifying experience; material misstatement on application;applicant violates RPL §442-e(5) for failure to cooperate with DOS investigation; DOS fails to establish applicant’s failure to comply with continuing education requirement as a result of applicant’s failure to cooperate in answering DOS questions or appearing at hearings; fact that applicant may have been wrongfully licensed for a substantial period of time is taken into consideration in determining penalty; salesperson’s license suspended until such time as proof is submitted that applicant satisfactorily completed the requisite approved continuing education courses; in the event applicant had not completed continuing education requirements timely, license further suspended for a period of time equal to the amount of time prior to the issuance of order of suspension that applicant was improperly licensed plus two months

361 DOS 97 Matter of DOS v. Deyonge - proof of qualifying experience; material misstatement on application; falsely stating on a renewal application that licensee met the continuing education requirement is a material misstatement; licensee did not intentionally make false statement; DOS fails its burden of proof that licensee deliberately made a material false statement; salesperson’s license revoked, decision without prejudice to subsequent application for licensure upon compliance with education requirements

369 DOS 97 Matter of DOS v. Weimar - proof of qualifying experience; due process; cooperation with DOS investigation; DOS fails its burden of proof; failure to appear at hearing; material misstatement on application; exparte hearing is permissible upon proof of proper notice of hearing; DOS fails to establish licensee failed to cooperate with DOS investigation where licensee responded to audit letter indicating licensee failed to meet the education requirements and licensee thereafter failed to respond or attend meeting requested by DOS to establish of meeting educational requirements (meeting was superfluous and unreasonable as DOS knew from information supplied by licensee that she had not completed the continuing education requirements); salesperson’s license revoked

374 DOS 97 Matter of DOS v. Gonzalez - proof of qualifying experience; due process; failure to appear at hearing; material misstatement on application; ex parte hearing is permissible upon proof of proper notice of hearing; licensee fails to meet continuing education requirements; issue of non-cooperation with investigation is moot; real estate salesperson’s license is revoked

92 DOS 98 Matter of DOS v. Feldman - material misstatement on application; licensee makes material misstatement on application where she indicated that she had completed the mandatory continuing education requirement when she had not based upon fact that she was scheduled to take and complete the requirement prior to her renewal date; licensee completes required course; tribunal considers fact that respondent was wrongfully licensed for a period of nearly 8 months; tribunal considers, in mitigation, that licensee was distracted at the time of application renewal by the serious illness of her daughter; $500 fine

200 DOS 98 Matter of DOS v. Vandewater -- material misstatement on application; prior misconduct; applicant made material misstatement on application when indicated that she had not been convicted of a crime or offense when she had been convicted of a misdemeanor; unlawful conduct committed while employed as a real estate salesperson; 3-month duration since last conviction insufficient to reasonably assess rehabilitation; salesperson’s license revoked

236 DOS 98 Matter of DOS v. Galvez -- material misstatement on application; automatic revocation upon felony conviction; applicant made material misstatement on application by indicating he had not been convicted of any criminal offenses when he had been convicted of a felony and a misdemeanor; applicant has not been granted an executive pardon, a certificate of relief from disabilities, or a certificate of good conduct; real estate broker’s license revoked

CRC #95-0531 Matter of DOS v. Urena, Consent Order -- broker made a material misstatement in her application for renewal of her salesperson’s license when she indicated she had not been convicted of a crime since her last renewal when in fact she had been convicted of wire fraud, a Class D felony; $1,000 fine and applicant required to provide adequate proof she has obtained a certificate of relief from civil disabilities

52 DOS 99 Robinson v. DOS - failure to appear at hearing; proof of qualifying experience; material misstatement on application; ex parte hearing may proceed upon proof of proper service; denial of broker’s license based upon failure to complete education requirements and submitting falsified and altered educational certificates; failure to appear deemed a withdrawal of request for hearing; application for broker’s license denied

121 DOS 99 Matter of DOS v. Swaap - failure to appear at hearing; prior misconduct; material misstatement on application; availing of license; apartment information vendor; licensee’s conviction of a felony (grand larceny in the second degree) is a bar to licensure in the absence of a executive pardon, Certificate of Relief from Disabilities or a Certificate of Good Conduct; licensee fails to establish requisite pardon or Certificate of Relief from Disabilities or Good Conduct; unlicensed operation of Internet business offering to supply listings of apartments available for rent for a fee constitutes unauthorized apartment information vending; broker avails license to salesperson by leaving salesperson in charge of brokerage business with authority to sign bank account while broker is in prison; broker’s license revoked

190 DOS 99 Matter of DOS v. Doshi - material misstatement on application; applicant convicted of felony crime of offering a false instrument for filing in relation to his license to practice dentistry, which was revoked; dissembling testimony; salesperson’s license revoked

264 DOS 99 Matter of DOS v. Fischer - due process; material misstatement on application; ex parte hearing may proceed in the absence of respondent upon proof of proper service; failure to disclose felony conviction for driving a commercial vehicle while intoxicated is material misstatement on application; real estate broker’s license revoked

330 DOS 99 Matter of DOS v. Pope - failure to appear at hearing; material misstatement on application; prior misconduct; notarization; ex parte hearing is permissible upon proper notice; conviction for fraud and failure to make restitution pursuant to plea demonstrates gross untrustworthiness; acknowledgment of deed without signatory being present; broker’s license revoked; notary commission revoked

298 DOS 00 DOS v. Harris - failure to appear at hearing; material misstatement on application; prior misconduct;ex parte hearing may proceed upon proof of proper notice; material misstatement in the application for a sales persons license by failing to disclose prior criminal convictions; salespersons license revoked

321 DOS 00 DOS v. Kerr - deposits; failure to appear at hearing; failure to pay judgment; disclosure of agency relationships; material misstatement on application; failure to cooperate with DOS investigation; ex parte hearing may proceed upon proper notice; broker fails to provide RPL §443 agency disclosure notice to landlord/client prior to entering into listing agreement; broker commits conversion upon exercising unauthorized right of ownership over rental deposits and payments collected on behalf of principal; failure to satisfy judgment is demonstration of untrustworthiness unless broker presents valid evidence of inability to pay; failure to respond to DOS request letter constitutes failure to cooperate; material misstatement on application by denying prior license suspension; broker’s license revoked

341 DOS 01 Matter of DOS v. Clarke - material misstatement on application; proof of qualifying experience; salesperson did not lie on her renewal application where she did not answer the question “have you taken the required continuing education for this period” but where the broker’s secretary, during a change of association, checked “yes” without consulting the applicant; salesperson’s license suspended until submission of proof of compliance with the continuing education requirement

757 DOS 01 Matter of DOS v. Whelan - failure to appear at hearing; material misstatement on application; ex partehearing may proceed upon proof of proper service; application for license as a real estate salesperson contained a material misstatement; applicant failed to disclose felony convictions; salespersons license revoked

260 DOS 02 DOS v. Moreno - failure to appear at hearing; material misstatement on application; ex parte hearing may proceed upon proof of proper service; material misstatements on original and three renewal applications by falsely stating that applicant had not been previously convicted of misdemeanor criminal offenses; real estate salesperson’s license is revoked


518 DOS 02 DOS v. Moreno – material misstatement on application; reopening; matter reopened after salesperson requested an adjournment at initial hearing to obtain legal representation and thereafter failed to appear at rescheduled hearing at which decision was issued; material misstatement on application by failing to disclose two misdemeanor convictions; real estate salespersons license revoked

912 DOS 02 DOS v. Clouden – proof of qualifying experience; material misstatement on application; sanctions; applicant failed to timely complete required continuing education requirement; applicant stated he had completed the required continuing education course believing the question to refer to the course he took prior to licensing, such answer demonstrated untrustworthiness; applicant offered opportunity to plead no contest and offered a fine of $500.00; applicant requested a hearing to object to the amount of the fine; salesperson fined $1,000.00

181 DOS 03 DOS v. Khan – material misstatement on application; proof of qualifying experience; salesperson submitted renewal application in which he falsely stated that he had completed the required continuing education course; salesperson was offered the opportunity to settle the matter by paying a fine of $500 but refused the offer; salesperson fined $1,000

306 DOS 03 DOS v. Munari – material misstatement on application; proof of qualifying experience; salesperson failed to appear after having requested a change of venue to Queens County and having been advised that such a change was not possible; salesperson submitted a renewal application in which she falsely stated that she had completed the required continuing education course; salesperson was offered the opportunity to settle the matter by paying a fine of $500 and submitting proof of completion of the required continuing education course; salesperson accepted DOS’ offer but failed to timely provide proof of completion of the continuing education course until more than 10 months later; salesperson held a license to which she was not entitled for over two years; salesperson’s license revoked

715 DOS 03 DOS v. Stokes - material misstatement on application; prior misconduct; on application for license renewal, applicant answered “no” to the question, have you been convicted of a crime or offense since your last renewal; applicant plead guilty to a felony, interstate travel to promote unlawful activity; applicant is not eligible to apply either for a Certificate of Relief from Disabilities or for a Certificate of Good Conduct and will remain ineligible until discharged from probation; RPL §440-a proscribes that a person shall not be entitled to a license as a real estate salesperson if convicted of a felony for which the person has not subsequently obtained an Executive Pardon, a Certificate of Good Conduct, or a Certificate of Relief from Disabilities; salesperson’s license revoked

815 DOS 03 Finley v. DOS - failure to cooperate with DOS investigation; material misstatement on application; applicant for license renewal made material misstatement on application by answering “no” to question that inquired about revocation of any license, permit, commission or registration or application when applicant had pistol license suspended and thereafter revoked; applicant’s credible testimony proves that he did not deliberately lie on application as he misinterpreted or misunderstood the question as not relating to real estate activity; nevertheless, applicant signed application and affirmed same under the penalties of perjury; applicant failed to cooperate with DOS investigation when after DOS asked for specific information regarding pistol license revocation and for an affidavit explaining his application, applicant failed to provide any documents, referring DOS to the courts to obtain the documents itself, and stating that he couldn’t provide any further information and therefore would not provide an affidavit; application for brokers license denied

925 DOS 03 Matter of Kennedy - DOS fails its burden of proof; material misstatement on application; suspension; DOS fails to prove that applicant made material misstatement on application by answering “no” to the question regarding revocations and denials of licenses (not about suspensions) where applicant had previously had a salespersons license suspended (721 DOS 02); DOS failed to prove that prior decision was served upon applicant; application for renewal of salespersons license granted, subject to the terms of the continuing suspension of the license pursuant to prior DOS matter as prior decision is now served upon applicant

1086 DOS 03 Matter of Kiss - material misstatement on application; proof of qualifying experience; applicant disclosed conviction of three felonies on license renewal application but failed to disclose conviction of three misdemeanors; omission was material and deliberate; applicant statutorily barred from licensure as Certificate of Relief from Disabilities issued by County Court is beyond scope of power of that court; application for brokers license denied

482 DOS 04 DOS v. Nesbitt - prior misconduct; proof of qualifying experience; failure to appear at hearing; material misstatement on application; ex parte hearing may proceed upon proof of proper service; applicant was convicted of felony criminal possession of a weapon, possession of stolen property, grand larceny and attempted grand larceny; applicant answered “no” on his real estate salesperson and broker applications that he had not been convicted of a felony or misdemeanor; applicant statutorily barred from licensure as he has not obtained an Executive Pardon, a Certificate of Good Conduct or a Certificate of Relief from Disabilities; broker’s license revoked

589 DOS 05 DOS v. Duval - appraisers; prior misconduct; failure to cooperate with DOS investigation; material misstatement on application; attorneys; broker failed to disclose on renewal application that he was disbarred from the practice of law; broker, as certified residential real estate appraiser, prepared appraisal reports which were inaccurate and misleading; DOS fails to prove failure to cooperate as charges of failure to cooperate related to broker’s conduct as a real estate appraiser and there are no equivalent provisions in the Executive Law, Article 6-e which govern the licensure and registration of real estate appraisers requiring such cooperation; broker’s license and certification as a residential real estate appraiser revoked

701 DOS 05 DOS v. Rose - prior misconduct; jurisdiction; material misstatement on application; surrender of license; broker fails to disclose on two applications for licensure convictions for distributing or possessing controlled dangerous substances within 1,000 feet of school property or bus and cruelty and neglect of children; surrender of license does not divest tribunal of jurisdiction as the acts of misconduct occurred and the proceedings were commenced while the respondent was licensed; jurisdiction would continue even had license expired of its own terms; broker’s conduct demonstrated a lack of trustworthiness; broker’s license revoked.

758 DOS 05 DOS v. Cho – material misstatement on application; salesperson affirmed on his application for renewal of his real estate salesperson’s license that he had fulfilled the continuing education requirement when he had not; applicant’s testimony that he did not read the on-line application and instructions thoroughly and was unaware of the continuing education requirement does not excuse the misstatement; real estate salesperson’s license revoked.

859 DOS 05 DOS v. Taylor – material misstatement on application; prior misconduct; broker, on at least one application, submitted an application containing a material misstatement regarding his social security number and his record of criminal convictions where broker was convicted of grand larceny in the 4th degree, a class E felony; broker’s license revoked.

23 DOS 06 DOS v. Hernandez – prior misconduct; automatic revocation upon felony conviction; material misstatement on application; failure to appear at hearing; ex parte hearing may proceed upon proof of proper service; salesperson pled guilty to felony charges of conspiracy to launder money and conspiracy to distribute cocaine; salesperson stated on on-line application for renewal of her license that she had not been convicted of a crime; no evidence presented to show salesperson was granted an Executive Pardon, Certificate of Good Conduct or Certificate of Relief from Disabilities; salesperson’s license revoked.

27 DOS 06 DOS v. Rust- failure to cooperate with DOS investigation; material misstatement on application; proof of qualifying experience; salesperson failed to respond to DOS’s offer of settlement, including option to complete the continuing education requirement by a stated date and pay a fine of $1,000.00; salesperson falsely stated on renewal application that he had completed the mandatory continuing education requirement; salesperson’s license revoked

64 DOS 06 DOS v. Caputo- material misstatement on application; proof of qualifying experience; DOS fails its burden of proof; salesperson failed to provide proof that she completed the mandatory continuing education requirement after twice being a given the opportunity to do so; salesperson failed to appear at hearing; DOS failed to produce proof that salesperson failed to comply with the continuing education requirement and lied about it on her application and such charges are dismissed; salesperson’s license is suspended until such time as she shall have provided proof of compliance with the continuing education requirement

76 DOS 06 DOS v. Kuo- proof of qualifying experience; material misstatement on application; salesperson affirmed that she had completed the continuing education requirement or that she was exempt from that requirement; salesperson was under the mistaken impression that she was exempt because she had been licensed for at least fifteen consecutive years; salesperson promptly completed the required course upon learning that she was not exempt; salesperson reprimanded

78 DOS 06 DOS v. Varughese- proof of qualifying experience; material misstatement on application; salesperson affirmed on renewal application that he had completed the mandatory continuing education requirement when he had not yet done so; continuing education courses subsequently completed; considering evasive and inconsistent testimony, maximum monetary penalty assessed; salesperson fined $1,000.00

79 DOS 06 DOS v. Barrows- proof of qualifying experience; material misstatement on application; DOS fails its burden of proof; salesperson affirmed on his license renewal application that he had completed the mandatory continuing education requirement; salesperson failed to provide proof of completion of continuing education requirement although given two opportunities to do so and offered an opportunity to pay a fine and complete the continuing education courses; DOS failed to prove that salesperson failed to comply with the continuing education requirement as salesperson failed to appear at hearing and failed to respond to DOS’s requests; salesperson suspended until proof of completion of continuing education provided

80 DOS 06 DOS v. Ramcharran- proof of qualifying experience; material misstatement on application; DOS fails its burden of proof; salesperson affirmed on his license renewal application that he had completed the mandatory continuing education requirement; salesperson failed to provide proof of completion of continuing education requirement although given two opportunities to do so and offered an opportunity to pay a fine and complete the continuing education courses; DOS has failed to prove that salesperson failed to comply with the continuing education requirement as salesperson failed to appear at hearing and failed to respond to DOS’s requests; salesperson suspended until proof of completion of continuing education provided

97 DOS 06 DOS v. Choi- proof of qualifying experience; material misstatement on application; salesperson affirmed on license renewal application that she had completed the mandatory continuing education requirement when she had not; salesperson offered a fine of $1,000.00 and refused; salesperson fined $1,000.00

98 DOS 06 DOS v. Corrado- proof of qualifying experience; material misstatement on application; salesperson affirmed on license renewal application that she had completed the mandatory continuing education requirement when she had not; salesperson offered a fine of $1,000.00 and refused; salesperson fined $1,000.00

99 DOS 06 DOS v. Iuzzini- proof of qualifying experience; material misstatement on application; salesperson falsely stated on license renewal application that she had completed the mandatory continuing education requirement when she had not; salesperson offered to settle the matter and pay a fine of $500.00 and refused the offer; salesperson fined $1,000.00

100 DOS 06 DOS v. Maher- proof of qualifying experience; material misstatement on application; salesperson affirmed on license renewal application that she had completed the mandatory continuing education requirement when she had not; salesperson offered a fine of $1,000.00 and refused; salesperson fined $1,000.00

485 DOS 06 Matter of Golding- material misstatement on application; failure to comply with terms an administrative determination suspending previously held license; broker’s license suspended in prior decision (1130 DOS 03) for depositing client’s check in his general operating account and converting such funds to his own use; broker’s license previously suspended for one year and until he presents proof that he refunded the converted deposit plus interest; broker still has not paid any of the converted deposit, and answered “no” on his license renewal application that any license had been revoked, suspended or denied by any state agency; condition under prior order is still reasonable as applicant should not have commingled funds and converted same; applicant made a material misstatement on his application by failure to disclose his prior suspension; application for real estate brokers license denied

546 DOS 06 DOS v. Brickell- proof of qualifying experience; material misstatement on application; failure to appear at hearing; ex parte hearing permissible upon proof of proper service; salesperson affirmed on his renewal application that he had completed the required continuing education; in response to DOS requests for proof of completion of continuing education requirement, applicant stated in letter to DOS that he believed that he had completed the continuing education requirement and was contacting the school to obtain a record thereof; applicant failed to provide proof of completion of the continuing education requirement; license as a real estate salesperson revoked

547 DOS 06 DOS v. Barrese- proof of qualifying experience; material misstatement on application; failure to appear at hearing; ex parte hearing may proceed upon proof of proper service; applicant failed to provide proof that she had completed the mandatory continuing education requirements upon DOS’s request; license as a real estate salesperson revoked

548 DOS 06 DOS v. Meritz- proof of qualifying experience; material misstatement on application; failure to appear at hearing; ex parte hearing may proceed upon proof of proper service; applicant failed to provide proof that she had completed the mandatory continuing education requirements upon DOS’s request; license as a real estate salesperson revoked

695 DOS 06 DOS v. Bazon- proof of qualifying experience; material misstatement on application; salesperson never signed her application renewal which contained an affirmation that she had completed the required continuing education for the applicable period; applicant’s sponsoring broker signed the renewal application and broker and salesperson claimed that the application was to be held until such time as salesperson completed the continuing education requirements; broker and salesperson claimed that broker’s assistant submitted the application prematurely; tribunal finds that explanation is not a correct recitation of the facts; salesperson demonstrated incompetency and fined $1,000.00

712 DOS 06 DOS v. Egan- proof of qualifying experience; material misstatement on application; salesperson affirmed on her application for renewal of her license as a real estate salesperson that she had completed the 22 ½ hours of continuing education within the requisite period; applicant had completed 21 hours and expected to complete the final component by the actual renewal date of her license but failed to finish the courses as soon as she anticipated because she had just moved and it was the holiday season; fact that applicant failed to comply with the continuing education requirement mitigated by the fact that she had nearly finished the required courses when she submitted her application, anticipated that she would do so before the renewal date of her license and has completed them; salesperson fined $250.00

843 DOS 06 DOS v. Rubino- proof of qualifying experience; material misstatement on application; failure to appear at hearing; ex parte hearing may proceed upon proof of proper service; salesperson affirmed on his renewal application for license as a real estate salesperson that he had completed the requisite continuing education; salesperson failed to respond to DOS request letters to provide proof of compliance with the continuing education requirements; salesperson failed to submit proof of compliance with the continuing education requirement and may not properly be allowed to retain his license until he does so; in the absence of an appearance by salesperson or a response by him to its correspondence, DOS has failed to provide proof that the respondent failed to comply with the continuing education requirement and lied about it on his application and that charge is dismissed; salesperson’s license revoked

13 DOS 07 Matter of Brannen [supersedes 538 DOS 06]– appraiser assistant, continuing education, non-malicious, false statement, 3-month suspension

15 DOS 07 Matter of Bittan—appraiser assistant, continuing education, false statement, revocation

52 DOS 17 Matter of Miah- Appraisers- appraisal assistant, failure to provide proof of continuing education; opportunity to settle, revocation

87 DOS 07 Matter of Clarke- Appraisers, appraisal assistant, false statement regarding continuing education; mitigating factors of spinal surgery and serious financial hardship, two months suspension

88 DOS 07 Matter of Davison- salesperson, false statement regarding continuing education; opportunity to settle, failure to cooperate is severe and prevented DOS from ascertaining whether or not respondent is in compliance, revocation

123 DOS 07 Matter of Sergio- Appraiser, appraiser assistant, motion to reconsider penalty in light of totality of respondent’s conduct and effect of suspension upon ability to support family; mistake as to timing of continuing education course; proof of completion of course; suspension vacated; reprimand

128 DOS 07 Matter of Martin- broker, license renewal, prior misconduct, inadvertent cease and desist violation; commission checks written after suspension, but no requirement to be licensed in order to write checks; inadvertent violation of continuing education requirement due to negligent signing of application; renewal granted

999 DOS 07 Matter of Stacy- Salesperson; duty to cooperate; DOS fails burden of proof as to failure to complete continuing education and false statement, as no appearance by respondent; fine of $1,000 and suspension until fine paid and proof of compliance with continuing education requirements is filed

1039 DOS 07 Matter of Gordienko- Salesperson; claim of false statement dismissed in interest of justice where false answer due to clinical depression and applicant financially unable to pay fine

1059 DOS 07 Matter of Fraser- Appraiser Assistant; false affirmation of continuing education; refusal of settlement offer of paying fine; two months suspension

1163 DOS 07 Matter of Posa- Broker; fraudulent advertisement; false statement on renewal; failure to reveal revocation of insurance license; false advertisement stating a NYS broker is associated with ads without broker consent; fraudulent inducement to make deposits; failure to refund deposits; failure to pay judgment; commingling funds; untrustworthy action as insurance broker; tends to establish unfitness; revocation and requirement to pay judgment if ever reapplies for real estate license

1439 DOS 07 Matter of Li- Salesperson; material misstatement in renewal application; prior discipline; denial of renewal

313 DOS 08 Matter of Kutscher – appraiser assistant; continuing education; false statement; revocation

325 DOS 08 Matter of Genao – salesperson renewal; continuing education; false statement; subsequent fulfillment; $1,000 fine

352 DOS 08 Matter of Urciuoli – salesperson, material misstatements in renewal application; license suspension and child support arrears; revocation

430 DOS 08 Matter of Marzocco – appraiser assistant; continuing education; false statement; qualify for hardship extension; reprimand

449 DOS 08 Matter of Trotman – appraiser assistant; continuing education; false statement; misunderstanding; one-month suspension

462 DOS 08 Matter of Drakes – broker; false statement on renewal application; suspension from practice of law; revocation

1492 DOS 08 ­Matter of Wysocka – salesperson; CE; material misstatement; failure to provide proof of compliance; revocation

291 DOS 09 Matter of Martini – appraiser; misleading application; revocation

618 DOS 09 Matter of Robinson – criminal conviction; false statement on application; revocation

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