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3. Proof of Qualifying Experience

159 DOS 92 Matter of Wei - normally require documentary evidence (19 NYCRR §175.21[b]); here, records do not exist through no fault of applicant; applicant submits substantial documentation and testifies under oath (re: 3 yrs. experience); and broker testifies in support (records lost when office closed due to broker's hospitalization)

163 DOS 92 Matter of Lorick - unable to produce records because he was not obligated to maintain such records (mortgage consultation initiating new loans) and lacks access to records of former employer; DOS does not dispute that the manner of former employer keeping records makes finding records of applicant's transactions impossible; former employer furnishes affidavit to this effect

106 DOS 93 Matter of DOS v. Jafri - applicant fails burden of proof - although the non-availability of former broker's records and his own records (in his former home, but off limits due to matrimonial order of protection) may not be his fault - he has not presented sufficient substantive evidence; application for brokerage license denied without prejudice to reapplying

107 DOS 93 Matter of DOS v. Skudrna - applicant fails burden of proof - applicant's claim of listing denied by his broker without rebuttal; no proof of claims of renting cooperative apartments; claim of working as sales associate after expiration of his license reflect negatively on applicant's credibility, as does different names on purported leases that in the list of claimed transactions submitted with the application

2 DOS 94 Matter of DOS v. Dickerson - qualifying experience - documentary evidence preferable, but other evidence may be used

12 DOS 94 Matter of DOS v. Cuervo - no credit earned for action taken after termination of salesperson's association with licensed broker or after expiration of salesperson's license. Absent corroborating evidence of applicant's claim of filing change of association forms with new broker a showing that DOS made errors, DOS records are deemed more credible. While former broker has duty to file change of association card, each licensee is obligated to obtain a license and is liable for working when not so licensed

46 DOS 94 Matter of DOS v. Medina - applicant proves requisite experience for licensure as broker; DOS fails to prove untrustworthiness; omission of answer to question on application was explained and is not by itself sufficient evidence of untrustworthiness

48 DOS 94 Matter of DOS v. Pagan - applicant fails to provide sufficient evidence of qualifying experience; lacking documentation of claimed activities or a satisfactory explanation of the lack of such documentation

49 DOS 95 Matter of Leland - point system; no qualifying experience for time spent as sales associate where no listings taken; no sales or rentals made and no financing arranged; hearing held where applicant made defective request for adjournment (which was not granted); applicant fails to appear; decision to deny is final

41 DOS 95 Matter of Klein - Application for certification as a real estate appraiser; applicant need not work full time during two year experience period where he established that he acquired the required 240 experience points during the two year period; certification as a general real estate appraiser granted

243 DOS 97 Matter of Kennedy - qualifying experience; applicant proves requisite experience for licensure as broker

276 DOS 97 Matter of DOS v. Safonte - due process; felony conviction; ex parte proceeding may proceed where proper service is made; DOS retains jurisdiction when disciplinary action is commenced by service of pleadings during the two year period when party is eligible to automatically apply for license renewal (RPL §441(2)); RPL §440(a) prohibits licensure as a real estate broker or real estate salesperson if person is convicted of felony for which the person has not subsequently obtained an executive pardon, certificate of good conduct or a certificate of relief from disabilities; guilty plea to conspiracy to commit arson and mail fraud (Class D felony) constitutes disqualifying felony

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

316 DOS 97 Matter of DOS v. Anderson, Consent Order on Appeal - prior default decision revoking salesperson’s license for failure to complete continuing education requirements vacated; consent order substituted for prior decision; timely administrative appeal; failure to complete continuing education and to appear at hearing did not demonstrate untrustworthiness or willful failure to comply; license surrendered until proof of completion of continuing education requirements

14 DOS 97 Matter of DOS v. Friedman - failure to timely comply with real estate salesperson’s continuing education requirement; licensee rejects DOS settlement offer to complete education within 6 months and pay $500 fine (claiming fine was excessive); salesperson’s license suspended for 8 months 21 days (duration of time for which the salesperson was unlawfully licensed)

319 DOS 97 Matter of Smith - adjournments; due process; failure to appear at hearing; failure to cooperate with DOS investigation; qualifying experience; a request for an adjournment must be received by the hearing tribunal no later than 3 business days prior to the scheduled hearing; an ex parte hearing is permissible upon proof of proper notice of hearing; licensee fails to meet mandatory continuing education requirements; DOS fails to establish failure to cooperate with an investigation where licensee fails to attend requested meeting to discuss education requirements where licensee previously informed DOS that he had not completed the requirements; salesperson’s license revoked

324 DOS 97 Matter of DOS v. Posillico - qualifying experience; failure to cooperate with DOS investigation; salesperson’s application for license renewal for a period commencing on June 25, 1995 was prior to effective date (November 1, 1995) of amended RPL §441(3)(a) and therefore there was no continuing education requirement applicable; licensee failed to cooperate with DOS investigation by failing to respond to DOS’ information request letter and failing to contact investigator until day of scheduled conference when it was too late to reschedule; $250 fine

352 DOS 97 Matter of DOS v. Schott - proof of qualifying experience; due process; DOS fails its burden of proof; DOS fails to establish applicant failed to complete the required continuing education courses where DOS did not require proof of such completion be submitted with the license application and where applicant failed to respond to audit or appear at hearing; applicant’s failure to respond to two DOS requests for information constitutes non-cooperation; tribunal considers fact that respondent may have been wrongfully licensed for a substantial period of time; license as a real estate salesperson suspended until such time as applicant submits satisfactory proof of completion of continuing education courses and further suspension for a period equal to amount of time improperly licensed plus 2 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

362 DOS 97 Matter of DOS v. Calle - proof of qualifying experience; due process; failure to cooperate with DOS investigation; ex parte hearing is permissible upon proof of proper notice of hearing; licensee’s failure to respond to education requirement audit letters constitutes failure to cooperate with DOS investigation; DOS fails to prove licensee’s lack of education requirement where licensee fails to answer audit letters and fails to appear at hearing; salesperson’s license is suspended until licensee presents satisfactory proof that he has complied with the continuing education requirements

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

380 DOS 97 Matter of DOS v. Fukutani - due process; failure to appear at hearing; cooperation with DOS investigation; proof of qualifying experience; ex parte hearing is permissible upon proof of proper notice of hearing; licensee fails to cooperate with DOS investigation by failing or refusing to respond to audit letter and attend meeting to establish compliance with continuing education requirements; real estate broker’s license suspended until licensee submits proof of compliance with continuing education requirement

385 DOS 97 Matter of DOS v. Moore - due process; failure to appear at hearing; DOS fails its burden of proof; cooperation with DOS investigation; ex parte hearing is permissible upon proof of proper notice of hearing; licensee fails to cooperate with DOS investigation where licensee fails or refuses to respond to audit letter and to attend meeting to establish continuing education requirements; DOS fails its burden of proof where licensee fails to respond to audit letter, fails to appear at meeting and fails to appear at hearing; real estate salesperson’s license suspended until licensee presents proof of compliance with continuing education requirement

386 DOS 97 Matter of DOS v. Frost - due process; failure to appear at hearing; cooperation with DOS investigation; DOS fails its burden of proof; ex parte hearing is permissible upon proof of proper notice of hearing; licensee fails to cooperate with DOS investigation where licensee fails or refuses to respond to audit letter and to attend meeting to establish education requirements; DOS fails its burden of proof to establish licensee’s non-fulfillment of continuing education requirements where licensee fails to respond to audit letter, fails to attend meeting and fails to appear at hearing; real estate broker’s license suspended until licensee presents proof she has complied with continuing education requirements

387 DOS 97 Matter of DOS v. Pierce - proof of qualifying experience; licensee did not complete minimum continuing education requirements; compliance with continuing education requirement is dictated by law and is not discretionary; real estate salesperson’s license revoked

11 DOS 98 Matter of DOS v. Carlebach - proof of qualifying experience; licensee fails to meet continuing education requirements; license renewal in violation of RPL §441(3)(a) where licensee failed to meet continuing education requirement; salesperson’s license revoked

15 DOS 98 Matter of DOS v. Millien - due process; failure to appear at hearing; proof of qualifying experience; cooperation with DOS investigation; DOS fails its burden of proof; ex parte hearing is permissible upon proof of proper notice of hearing; licensee fails to cooperate with DOS investigation where fails or refuses to respond to audit letter and letter requesting licensee to appear and provide proof of compliance with continuing education requirements; DOS fails its burden of proof to establish non-fulfillment of continuing education requirements whether licensee fails to respond to audit, fails to appear and provide evidence of fulfillment of continuing education requirement and fails to appear at hearing; real estate salesperson’s license is suspended until licensee presents proof of compliance with continuing education requirements

15 DOS 98 Matter of DOS v. Soormaghen - due process; failure to appear at hearing; proof of qualifying experience;ex parte hearing is permissible upon proof of proper notice of hearing; licensee fails to establish compliance with mandatory continuing education requirements; license renewal in violation of RPL §441(3)(a) where licensee had not complied with mandatory continuing education requirements; salesperson’s license revoked

19 DOS 98 Matter of DOS v. Klingelsmith - proof of qualifying experience; inadvertent violation; licensee obtains renewal of license without complying with mandatory continuing education requirements; non-compliance is inadvertent where licensee reasonably relies upon erroneous information; licensee reprimanded but license not suspended or revoked where licensee reasonably relied upon erroneous information and subsequently completed the mandatory continuing education courses

66 DOS 98 Matter of DOS v. England - due process; failure to appear at hearing; proof of qualifying experience; cooperation with DOS investigation; DOS fails its burden of proof; ex parte hearing is permissible upon proof of proper notice of hearing; licensee fails to cooperate with DOS investigation by failing or refusing to respond to audit letter and failing or refusing to appear at conference to establish proof of continuing education requirements; DOS fails its burden of proof that licensee failed to meet its continuing education requirements where licensee fails to respond to audit letter and fails to appear at conference; real estate salesperson’s license is suspended pending proof of completion of continuing education requirements and further suspension for a period of time equal to the amount of time when improperly licensed plus two months

67 DOS 98 Matter of DOS v. Palermo - due process; failure to appear at hearing; proof of qualifying experience; cooperation with DOS investigation; ex parte hearing is permissible upon proof of proper notice of hearing; licensee’s renewal application indicated she had not met the mandatory continuing education requirements; whether respondent failed to cooperate with DOS investigation is moot where licensee indicated on her application that she had not met the continuing education requirements; salesperson’s license revoked

84 DOS 98 Matter of DOS v. Lowe - due process; failure to appear at hearing; proof of qualifying experience; cooperation with DOS investigation; DOS fails its burden of proof; ex parte hearing is permissible upon proof of proper notice of hearing; licensee failed to cooperate with DOS investigation by failing or refusing to respond to audit letter and request for conference to establish continuing education requirements; DOS fails its burden of proof where licensee fails to respond to audit letter, fails to appear at conference to establish continuing education requirements and fails to appear at hearing; real estate salesperson’s license is suspended until licensee presents proof of compliance with continuing education requirement

88 DOS 98 Matter of DOS v. Sayag - proof of qualifying experience; licensee indicated on her renewal application that she failed to meet the mandatory continuing education requirements; real estate salesperson’s license suspended until licensee produces proof she has met the continuing education requirement

108 DOS 98 Matter of DOS v. Nwozuzu - due process; failure to appear at hearing; proof of qualifying experience; cooperation with DOS investigation; DOS fails its burden of proof; licensee fails to cooperate with DOS investigation by failing or refusing to respond to audit letter and failing or refusing to attend conference to establish proof of continuing education requirements; DOS fails its burden of proof to establish licensee failed to meet his mandatory continuing education requirement as licensee failed to respond to audit letter, failed to attend conference and failed to appear at hearing; real estate salesperson’s license suspended until licensee establishes completion of continuing education requirement and further suspension for a period equal to amount of time unlawfully licensed plus two months

183 DOS 98 Matter of DOS v. Owolodun -- due process; prior misconduct; proof of qualifying experience; ex partehearing may proceed upon evidence of proper service; statutory bar from holding license as a real estate salesperson where licensee convicted of a crime which is the equivalent of a felony under New York law and where licensee has not subsequently received an executive pardon, a certificate of relief from disabilities, or a certificate of good conduct; salesperson’s license revoked

189 DOS 98 Matter of DOS v. Gilbride -- qualifying experience; DOS improperly renewed salespersons license after licensee indicated on his renewal application that he had not completed the required continuing education; licensee subsequently completes course; complaint dismissed

190 DOS 98 Matter of DOS v. Annunziata -- due process; DOS fails its burden of proof; failure to appear at hearing; failure to cooperate with DOS investigation; proof of qualifying experience; ex parte hearing may proceed upon proof of proper service; DOS fails its burden of proof that licensee failed to meet continuing education requirement where licensee’s renewal application indicated that the requirement was met and licensee failed to appear at hearing; licensee failed to cooperate with DOS investigation by failing to respond to audit letter and to appear and provide proof of continuing education requirements; salesperson’s license suspended until such time as proof submitted of satisfactory completion of continuing education requirements; additional suspension equal to the amount of time, if any, improperly licensed plus two months

195 DOS 98 Matter of DOS v. Naraine -- proof of qualifying experience; DOS fails its burden of proof; licensee improperly obtained renewal of license by making false statement on application regarding; continuing education requirements; false statements made mistakenly as applicant believed he was exempt and, in any case, met the requirement by taking courses which were not approved; DOS fails to establish that licensee failed to cooperate; $500 fine

209 DOS 98 Matter of DOS v. Velardi -- due process; failure to appear at hearing; failure to cooperate with DOS investigation; proof of qualifying experience; ex parte hearing permissible upon proof of proper service; licensee failed to cooperate with DOS investigation by failing or refusing to provide material information regarding continuing education requirements; salesperson’s license suspended until proof presented of satisfactory completion of continuing education requirements

208 DOS 98 Matter of DOS v. LaBella -- failure to appear at hearing; failure to cooperate with DOS investigation; proof of qualifying experience; licensee failed to cooperate with DOS investigation by not responding to demands to prove continuing education requirements met; salesperson’s license suspended until licensee presents proof of compliance with continuing education requirements

210 DOS 98 Matter of DOS v. Renna -- due process; failure to appear at hearing; failure to cooperate with DOS investigation; proof of qualifying experience; ex parte hearing permissible upon proof of proper service; licensee failed to cooperate with DOS investigation by failing or refusing to provide material information regarding continuing education requirements; salesperson’s license suspended until proof presented of satisfactory completion of continuing education requirements

211 DOS 98 Matter of DOS v. Mallery -- due process; failure to appear at hearing; proof of qualifying experience; ex parte hearing may be held upon proof of proper service; salesperson’s license improperly renewed when applicant stated she had not met the continuing education requirements; applicant fails to cooperate with DOS investigation when she did not comply with requests to provide proof of continuing education requirement; salesperson’s license revoked

234 DOS 98 Matter of DOS v. Thomas -- due process; failure to appear at hearing; failure to cooperate with DOS investigation; proof of qualifying experience; ex parte hearing may proceed upon proof of proper service; license renewal improper where applicant indicated on application that she had not completed the continuing education requirements; DOS failed to prove that respondent did not cooperate in DOS investigation; salesperson’s license revoked

246 DOS 98 Matter of DOS v. Cirrincione -- DOS fails its burden of proof; proof of qualifying experience; failure to appear at hearing; DOS fails its burden of proof in establishing licensee failed to meet continuing education requirements where licensee failed to appear at hearing and DOS presented no proof of licensee’s failure; licensee not faulted for failure to respond to audit request or to appear at hearing where DOS sent notice to an address at which DOS was aware the respondent no longer worked; complaint dismissed

247 DOS 98 Matter of DOS v. Zukman -- proof of qualifying experience; licensee complied with DOS investigation by responding to audit letter and attending hearing advising DOS that he had not completed the continuing education requirements; salesperson’s license suspended until such time as proof provided that applicant has complied with continuing education requirements

250 DOS 98 Matter of DOS v. Kay -- proof of qualifying experience; DOS fails its burden of proof; failure to cooperate with DOS investigation; failure to appear at hearing; DOS fails to prove that applicant did not meet the continuing education requirements where the applicant did not appear at the hearing and DOS presented no proof of the applicant’s failure; applicant failed to cooperate with DOS investigation by not responding to the continuing education audit letter; salesperson’s license suspended until proof provided of completion of continuing education requirement; additional suspension for a period of time, if any, equal to the amount of time improperly licensed plus 2 months

254 DOS 98 Matter of DOS v. Diament -- proof of qualifying experience; license renewal improperly issued where applicant indicated on application that he had completed the continuing education requirements; subsequent audit by DOS established applicant failed to meet continuing education requirements; salesperson’s license suspended until such time as applicant provides proof of completion of continuing education requirements

256 DOS 98 Matter of DOS v. Neracker -- proof of qualifying experience; failure to appear at hearing; failure to cooperate with DOS investigation; applicant failed to cooperate with DOS investigation by not timely responding to continuing education audit letter and by failing to appear at conference; license wrongfully renewed upon false statement in application that applicant complied with continuing education requirements; salesperson’s license suspended for a period of 21 months after receipt by DOS of applicant’s license and until such time as applicant submits application for renewal and documentary proof of compliance with the continuing education requirements

258 DOS 98 Matter of DOS v. Rayane -- failure to appear at hearing; failure to cooperate with DOS investigation; proof of qualifying experience; license improperly renewed; applicant fails to respond to DOS audit letters; applicant did not comply with continuing education requirements; salesperson’s license revoked

263 DOS 98 Matter of DOS v. Ingber -- proof of qualifying experience; DOS fails its burden of proof; DOS fails to prove failure to cooperate with DOS investigation where applicant replied to audit request letters and request for telephone conference and although applicant expressed a desire to surrender his license, failed to do so; applicant failed to meet the continuing education requirements; salesperson’s license revoked

264 DOS 98 Matter of DOS v. Maiuzzo -- failure to appear at hearing; proof of qualifying experience; failure to cooperate with DOS investigation; applicant failed to comply with DOS audit letter requests to establish continuing education requirements; DOS fails to prove applicant failed to meet continuing education requirements where applicant failed to appear at hearing and DOS provided no proof that applicant failed to meet the continuing education requirements; broker’s license suspended until such time as applicant submits satisfactory proof of completion of continuing education requirements; suspension for such period of time, if any, that applicant was improperly licensed plus 2 months

275 DOS 98 Matter of DOS v. Citylife Realty, Inc. -- deposits; duties to supervise sales associates; vicarious liability; failure to appear at hearing; ex parte hearing may proceed upon proof of proper service; collection of rental commissions from tenants in spite of agreement of landlord that it would pay all commissions demonstrated untrustworthiness and incompetency; refusal to return deposit after landlord rejected tenant’s offer to rent demonstrates untrustworthiness and incompetency; broker may be required to return monies received which it is not entitled; broker has the duty to supervise its sales associates and is vicariously liable for their misconduct in making improper demands, except that unless broker received or retained any money in question or was aware of the wrongdoing at the time of its occurrence may only be penalized by fine and not suspension or revocation; representative broker fined $1,000; corporate broker fined $2,000 and required to refund deposit with interest

284 DOS 98 Matter of DOS v. Villafana -- proof of qualifying experience; applicant for license renewal failed to comply with continuing education requirements; mitigating circumstances exist where applicant was advised by DOS to do nothing until after the hearing was held; license revocation would be inequitable; broker’s license suspended until proof of compliance with continuing education requirements

285 DOS 98 Matter of DOS v. Laurino -- proof of qualifying experience; DOS fails to prove failure to cooperate with DOS investigation where audit letter was not responded to because of a misunderstanding, the applicant advised DOS she was unable to keep a scheduled appointment and responded to a third audit letter; applicant did not meet the continuing education requirements; salesperson’s license suspended for duration of time unlawfully licensed or until termination date of unlawfully issued license, whichever occurs first

293 DOS 98 Matter of DOS v. Desjardin -- proof of qualifying experience; failure to cooperate with DOS investigation; applicant failed to comply with continuing education requirements; applicant failed to comply with DOS audit requests to establish continuing education requirements; broker’s license revoked

296 DOS 98 Matter of DOS v. Blessinger -- proof of qualifying experience; failure to appear at hearing; failure to cooperate with DOS investigation; applicant failed to respond to DOS audit letters thereby failing to cooperate with DOS investigation; salesperson’s license suspended until such time as proof is provided of compliance with continuing education requirements

143 DOS 98 Matter of DOS v. Badescu -- due process; failure to appear at hearing; failure to cooperate with DOS investigation; proof of qualifying experience; ex parte hearing is permissible upon proof of proper notice of hearing; salesperson fails to comply with continuing education requirements; licensee did not refuse or fail to cooperate with DOS investigation where licensee did not appear before DOS and supply information regarding completion of continuing education requirements when licensee previously informed DOS in writing that he had not completed the requirements; salesperson’s license revoked

149 DOS 98 Matter of DOS v. Lise -- due process; failure to appear at hearing; failure to cooperate with DOS investigation; DOS fails its burden of proof; proof of qualifying experience; salesperson fails to comply with DOS investigation when failed to cooperate with DOS requests for information regarding education requirement; DOS failed to prove nonfulfillment of continuing education requirement where licensee affirmed under penalty of perjury that she completed the continuing education requirement; salesperson’s license suspended until licensee provides proof that she has completed the continuing education requirement

150 DOS 97 Matter of DOS v. Losquadro -- prior misconduct; proof of qualifying experience; direct relationship exists between essential elements inherent in nature of crime of grand larceny second degree and essential duties and responsibilities of a licensed real estate salesperson; risk to public sufficiently attenuated where seven years elapsed since last occurrence of criminal offense, applicant provided relevant reputation evidence as to character, applicant established seven years of productive and law abiding conduct, community involvement, and a commitment to continue to live an exemplary life; application for real estate salesperson’s license granted

151 DOS 98 Matter of DOS v. Lachere -- proof of qualifying experience; DOS issues license renewal to applicant based upon an inaccurate representation by applicant that she had completed the mandatory continuing education requirements; applicant made misstatement inadvertently while being treated for serious medical conditions; applicant subsequently completed mandatory continuing education requirements; salesperson’s license suspended for duration of time equal to length of time applicant unlawfully licensed

152 DOS 98 Matter of DOS v. Trachtenberg – proof of qualifying experience; DOS fails this burden of proof; DOS renews salesperson’s license despite applicant’s admission that he failed to comply with the continuing education requirements; applicant complies with

DOS requests for conference; DOS did not demand surrender of unlawfully issued license; although applicant unlawfully licensed for a period of nine months, no evidence of misconduct by applicant; complaint dismissed

161 DOS 98 Matter of DOS v. Grana – proof of qualifying experience; applicant obtained license renewal based upon false statement in application that he met the continuing education requirements; applicant failed to cooperate with DOS investigation; DOS establishes applicant’s non-compliance with continuing education requirements; salesperson’s license revoked

166 DOS 98 Matter of DOS v. Salameh -- proof of qualifying experience; DOS denied application for salesperson’s license where applicant was convicted of a felony and at the time of application had not received certificate of relief from disabilities; subsequent to application, applicant received certificate of relief from disabilities; receipt nullifies, DOS’s only objection to applicants licensure; salesperson’s license granted

4 DOS 99 Matter of DOS v. Aronson - due process; failure to appear at hearing; failure to cooperate with DOS investigation; proof of qualifying experience; salesperson fails to comply with DOS investigation when she failed or refused to cooperate with DOS’s request for information regarding education requirements; salesperson’s license suspended until licensee provides proof that she has completed the continuing education requirements

5 DOS 99 Matter of DOS v. Grant - due process; failure to appear at hearing; failure to cooperate with DOS investigation; proof of qualifying experience; salesperson fails to comply with DOS investigation when he failed or refused to cooperate with DOS’s request for information regarding education requirements; salesperson’s license suspended until licensee provides proof that he has completed the continuing education requirements

6 DOS 99 Matter of DOS v. Zinkevich - due process; failure to appear at hearing; failure to cooperate with DOS investigation; proof of qualifying experience; salesperson fails to comply with DOS investigation when he failed or refused to cooperate with DOS’s request for information regarding education requirements; salesperson’s license suspended until licensee provides proof that he has completed the continuing education requirements

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 brokers 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 brokers license denied

73 DOS 99 Matter of DOS v. Hu - proof of qualifying experience; applicant for renewal of salespersons license failed to complete continuing education requirement; licensee acted correctly and honestly by indicating upon renewal application that he had not completed the continuing education requirements; salesperson’s license suspended until such time as licensee presents proof that he has complied with the continuing education requirements

76 DOS 99 Matter of DOS v. Gomez - failure to appear at hearing; failure to cooperate; proof of qualifying experience; ex parte hearing may proceed upon proof of proper service; licensee failed to comply with continuing education requirements; license renewal was issued in violation of RPL §441(3)(a); licensee failed or refused to cooperate with reasonable requests to either submit proof of compliance with continuing education requirement or to surrender license issued in error; salesperson’s license revoked

78 DOS 99 Matter of DOS v. Jadduroy - failure to appear at hearing; failure to cooperate; proof of qualifying experience; ex parte hearing may proceed upon proof of proper service; licensee failed to comply with continuing education requirements; license renewal was issued in violation of RPL §441(3)(a); licensee failed or refused to cooperate with reasonable request to either submit proof of compliance with continuing education requirement or to surrender license issued in error; salesperson’s license revoked

97 DOS 99 Matter of DOS v. Majestic - failure to appear at hearing; failure to cooperate with DOS investigation; proof of qualifying experience; settlement; ex parte hearing may proceed upon proof of proper service; licensee previously entered into two consent agreements with DOS stating he had not completed the continuing education requirements, would pay a fine of $500.00 and would provide proof that he completed the continuing education requirements; licensee timely paid the fine but failed to present proof that he had complied with the continuing education requirements; DOS fails to prove that licensee failed or refused to cooperate with an investigation for failure to submit proof of compliance with continuing education requirements; failure to submit proof of compliance with prior consent agreements; salesperson’s license revoked

167 DOS 99 Matter of Hassan - proof of qualifying experience; applicant for broker’s license establishes necessary credit required through affidavits from purchasers, which DOS failed to rebut, coupled with credible sworn testimony; application for broker’s license granted

440 DOS 00 DOS v. Lundie - failure to appear at hearing; proof of qualifying experience; ex parte hearing is permissible upon proof of proper service; failure to respond to DOS letter requesting appearance to establish completion of continuing education requirements constitutes failure to cooperate with DOS investigation; failure to comply with continuing education requirements; salesperson’s license revoked

561 DOS 00 DOS v. Joseph - failure to appear at hearing; proof of qualifying experience; ex parte hearing may proceed upon proof of proper service; licensee failed to comply with continuing education requirements; licensee failed to cooperate with DOS investigation by failing or refusing to respond to DOS audit letters; broker’s license revoked

577 DOS 00 DOS v. Raimondo - failure to appear at hearing; proof of qualifying experience; failure to cooperate with DOS investigation; ex parte hearing may proceed upon proof of proper service; licensee failed to comply with continuing education requirements and failed to cooperate with DOS investigation by failing or refusing to respond to DOS audit letter; salesperson’s license revoked

578 DOS 00 DOS v. Pulido - failure to appear at hearing; proof of qualifying experience; failure to cooperate with DOS investigation; ex parte hearing may proceed upon proof of proper service; licensee failed to comply with continuing education requirements and failed to cooperate with DOS investigation by failing or refusing to respond to DOS audit letter; broker’s license revoked

669 DOS 00 DOS v. Morales - failure to appear at hearing; proof of qualifying experience; ex parte hearing may proceed upon proof of proper service; salesperson failed to comply with continuing education requirements; salesperson’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

728 DOS 00 Matter of Alonge - proof of qualifying experience; evidence of “qualifying” experience; applicant for broker’s license must establish that he either participated in the general real estate brokerage business as a licensed real estate salesperson under the supervision of a licensed broker for a period of not less than one year, or that he has equivalent experience in general real estate business for a period of at least two years; applicant failed to have the requisite one year salesperson experience and failed to establish qualifying equivalent experience; equivalent experience does not include homebuilding, obtaining a subdivision approval, obtaining a zoning variance, obtaining a renovation permit or obtaining a permit for an addition; applicant fails to provide evidence of how many tenants’ rents were collected from and for how many years and therefore no credit can be given for this equivalent experience; application for brokers license denied

632 DOS 00 DOS v. Mkrtchyan - failure to appear at hearing; proof of qualifying experience; ex parte hearing may proceed upon proof of proper service; salesperson failed to comply with continuing education requirements; salesperson’s license revoked

640 DOS 01 Librizzi v. DOS - failure to appear at hearing; proof of qualifying experience; ex parte hearing may proceed upon proof of proper service; applicant obligated to supply DOS information, reasonably sufficient in detail, to prove experiential competency; applicant’s evidence is insufficient to prove the claimed experience; denial of application for license as a real estate broker confirmed

660 DOS 01 Matter of DOS v. Wasserman - proof of qualifying experience; failure to appear at hearing; amendment of pleading to conform to the proof; ex parte hearing may proceed upon proof of proper service; complaint may not be amended to conform to the proof in the absence of an appearance by the respondent; complaint only alleged that broker had wrongfully claimed to have completed the required continuing education course when in fact broker was claiming to be exempt; complaint dismissed even though broker not exempt

661 DOS 01 Matter of DOS v. Sroka - failure to appear at hearing; proof of qualifying experience; ex parte hearing may proceed upon proof of proper service; salesperson obtained renewal of his license by falsely stating that he had completed the required continuing education courses; salespersons license revoked

663 DOS 01 Matter of DOS v. Connelly - proof of qualifying experience; failure to appear at hearing; failure to cooperate with DOS investigation; ex parte hearing may proceed upon proof of proper service; salesperson obtained license renewal by falsely stating he had completed the required continuing education courses; salespersons license revoked

664 DOS 01 Matter of DOS v. Reitz - proof of qualifying experience; failure to appear at hearing; failure to cooperate with DOS investigation; ex parte hearing may proceed upon proof of proper service; salesperson obtained license renewal by falsely stating he had completed the required continuing education courses; salespersons license revoked

822 DOS 01 Matter of DOS v. Munoz - failure to appear at hearing; proof of qualifying experience; ex parte hearing may proceed upon proof of proper service; salesperson procured renewal of his license by falsely stating that he had completed the required continuing education courses; salesperson offered the opportunity to resolve the matter by payment of a fine of $500; $1,000 fine

823 DOS 01 Matter of DOS v. Ariola - failure to appear at hearing; proof of experience; failure to cooperate with DOS investigation; ex parte hearing may proceed upon proof of proper service; salesperson procures license renewal by falsely stating that he completed the required continuing education courses; salesperson ignored DOS’s request to cooperate with audit investigation and provide proof of completion of continuing education courses; DOS presents no proof of respondent’s failure to complete the required courses; salesperson may have been wrongfully licensed for a substantial period of time; salesperson’s license suspended until she submits proof of completion of the continuing education courses and upon submission, if it appears that salesperson has not yet completed the courses, her license shall be suspended for a period equal to the amount of time she was improperly licensed plus two months

865 DOS 01 Matter of DOS v. Dotson - failure to appear at hearing; proof of qualifying experience; failure to cooperate with DOS investigation; ex parte hearing may proceed upon proof of proper service; DOS fails its burden of proof to establish salesperson has not complied with continuing education requirements; salesperson failed to cooperate with DOS investigation by ignoring its request to comply with continuing education audit; salespersons license revoked

903 DOS 01 Avenia v. DOS - proof of qualifying experience; experience gained in the purchase and sale of existing mortgages does not qualify as equivalent experience in the general real estate business; applicant fails to establish the requisite qualifying experience; denial of application for a license as a real estate broker is confirmed

2 DOS 02 Matter of Coe - failure to appear at hearing; proof of qualifying experience; ex parte hearing may proceed upon proof of proper service; applicant’s failure to appear at hearing is deemed to be withdrawal of request for review of proposed license denial; application for license as a real estate salesperson is denied

83 DOS 02 Matter of DOS v. Canavan - failure to appear at hearing; proof of qualifying experience; failure to cooperate with DOS investigation; ex parte hearing may proceed upon proof of proper service; DOS failed to prove that respondent procured renewal of his license by falsely stating he completed the required continuing education courses; respondent failed to cooperate with DOS audit of his continuing education courses; salespersons license revoked

202 DOS 02 Matter of DOS v. Frazier - failure to appear at hearing; proof of qualifying experience; failure to cooperate with DOS investigation; ex parte hearing may proceed upon proof of proper service; respondent ignored DOS request to cooperate with its audit investigation of his continuing education courses; DOS failed to establish respondent had not complied with continuing education requirement; salespersons license revoked

203 DOS 02 Matter of DOS v. Gajadharsingh - proof of qualifying experience; offers of settlement; respondent obtained renewal of his salespersons license without complying with continuing education requirement; respondent offered opportunity to pay fine of $500 and complete required courses; salespersons license suspended for a period of time equivalent to that during which he held his license without taking the required courses plus a reasonable amount of additional time to serve as a penalty

204 DOS 02 Matter of DOS v. Zarum - proof of qualifying experience; offers of settlement; respondent obtained renewal of his salespersons license without complying with continuing education requirement; respondent offered opportunity to pay fine of $500 and complete required courses; salespersons license suspended for a period of time equivalent to that during which he held his license without taking the required courses plus a reasonable amount of additional time to serve as a penalty

215 DOS 02 Matter of DOS v. Schutz - failure to appear at hearing; proof of qualifying experience; offer of settlement; ex parte hearing may proceed upon proof of proper service; applicant obtains license renewal without completion of required continuing education courses; respondent offered opportunity to pay fine of $500 and complete required courses; salespersons license suspended for a period of time equivalent to that during which she held her license without taking the required courses plus a reasonable amount of additional time to serve as a penalty

248 DOS 02 DOS v. Kosko - failure to appear at hearing; proof of qualifying experience; ex parte hearing may proceed upon proof of proper service; licensee failed to comply with continuing education requirements prior to license renewal; timely compliance with continuing education requirements is mandatory; salespersons license revoked

249 DOS 02 DOS v. O’Connor - failure to appear at hearing; proof of qualifying experience; ex parte hearing may proceed upon proof of proper service; licensee failed to comply with continuing education requirements prior to license renewal; timely compliance with continuing education requirements is mandatory; salespersons license revoked

250 DOS 02 DOS v. Nowack - failure to appear at hearing; proof of qualifying experience; ex parte hearing may proceed upon proof of proper service; licensee failed to comply with continuing education requirements prior to license renewal; timely compliance with continuing education requirements is mandatory; salespersons license revoked

254 DOS 02 DOS v. Coleman - failure to appear at hearing; proof of qualifying experience; ex parte hearing may proceed upon proof of proper service; licensee failed to comply with continuing education requirements prior to license renewal; timely compliance with continuing education requirements is mandatory; salespersons license revoked

262 DOS 02 Matter of DOS v. Barley - failure to appear at hearing; proof of qualifying experience; failure to cooperate with DOS investigation; ex parte hearing may proceed upon proof of proper service; respondent ignored DOS’s request to cooperate with its audit of his application and to provide proof that he had completed the continuing education courses; DOS failed to establish that respondent did not comply with continuing education requirements; real estate salespersons license revoked

267 DOS 02 Matter of Franco - failure to appear at hearing; proof of qualifying experience; ex parte hearing may proceed upon proof of proper service; failure to appear at hearing to oppose denial of license application is deemed a withdrawal of request for a hearing; application for license as a salesperson is denied

269 DOS 02 Matter of Davis - failure to appear at hearing; proof of qualifying experience; ex parte hearing may proceed upon proof of proper service; failure to appear at hearing to oppose denial of license application is deemed a withdrawal of request for a hearing; application for real estate brokers license is denied

309 DOS 02 Matter of DOS v. Lalla - failure to appear at hearing; proof of qualifying experience; offer of settlement; ex parte hearing may proceed upon proof of proper service; respondent obtained renewal of his license without complying with continuing education requirements; respondent offered opportunity to resolve the matter by payment of a $500 fine and completion of the required continuing education courses; salespersons license suspended for a period of time equivalent to that during which he held his license without taking the required courses plus a reasonable amount of time to serve as a penalty

310 DOS 02 Matter of DOS v. Griffith - failure to appear at hearing; proof of qualifying experience; failure to cooperate with DOS investigation; ex parte hearing may proceed upon proof of proper service; respondent ignored DOS’s request to cooperate with its audit investigation of his application and to provide proof that he had completed the continuing education requirements; DOS failed to establish that respondent had not complied with the continuing education requirements; salespersons license revoked

311 DOS 02 Matter of DOS v. Frazier - failure to appear at hearing; proof of qualifying experience; failure to cooperate with DOS investigation; ex parte hearing may proceed upon proof of proper service; respondent ignored DOS’s request to cooperate with its audit investigation of his application and to provide proof that he had completed the continuing education requirements; DOS failed to establish that respondent had not complied with the continuing education requirements; salespersons license revoked

314 DOS 02 Matter of DOS v. Chickery - proof of qualifying experience; respondent obtained a renewal of his license without complying with the continuing education requirements; respondent mistakenly believed that his college studies fulfilled the continuing education requirements; normal penalty of suspension equivalent to time period of that during which he held his license without taking the required courses plus a reasonable amount of time is mitigated; salespersons license suspended until proof of compliance with continuing education requirements and $500 fine

388 DOS 02 DOS v. Sophin - failure to appear at hearing; proof of qualifying experience; ex parte hearing may proceed upon proof of proper service; respondent failed to comply with continuing education requirements; salespersons license revoked

406 DOS 02 DOS v.Knutson - failure to appear at hearing; proof of qualifying experience; ex parte hearing may proceed upon proof of proper service; respondent failed to comply with continuing education requirements; salespersons license revoked

408 DOS 02 DOS v. Elbert - failure to appear at hearing; proof of qualifying experience; ex parte hearing may proceed upon proof of proper service; respondent failed to comply with continuing education requirements; salespersons license revoked

410 DOS 02 DOS v. Schwartz - failure to appear at hearing; proof of qualifying experience; ex parte hearing may proceed upon proof of proper service; respondent failed to comply with continuing education requirements; salespersons license revoked

716 DOS 02 DOS v. David – proof of qualifying experience; salesperson failed to timely comply with real estate continuing education requirements; salespersons license erroneously issued; 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

958 DOS 02 DOS v. Louhisdon – failure to appear at hearing; proof of qualifying experience; salesperson failed to comply with continuing education requirements prior to renewal of salespersons license and therefore license renewal issued in violation of law; salespersons license revoked

999 DOS 02 DOS v. Rosplock – proof of qualifying experience; cooperation with DOS investigation; DOS fails its burden of proof; DOS fails to establish by substantial evidence that licensee has not complied with the continuing educational requirements; licensee fails to cooperate with DOS investigation by failing to provide proof of completion of continuing education requirement; salesperson’s license revoked

1010 DOS 02 Matter of Leath – proof of qualifying experience; direct relationship exists between felony conviction of conspiracy to commit wire fraud and to structure transactions and license as a real estate salesperson; risk sufficiently attenuated where approximately 7 years passed since the commission of the crime, applicant received Certificate of Relief from Disabilities, applicant has had positive post-conviction employment, applicant presented character testimony and letters of reference, applicant admits his guilt and clearly suffered as a result of his crime and is sincere in his regret; salesperson license renewal granted

1017 DOS 02 Matter of Sorrentino – notary public; proof of qualifying experience; failure to appear at hearing; applications for renewal of salesperson’s license and commission as a notary public denied where applicant timely requests a hearing but fails to appear

62 DOS 03 Matter of Maloney – prior misconduct; proof of qualifying experience; applicant fails his burden of proof that he has sufficient experience to qualify for licensure as a real estate broker; applicant attorney disbarred for improper withdrawals from an escrow account, improper business relationship with a client, breach of an agreement to repay a loan from a client’s escrow funds, failure to maintain and/or produce required bookkeeping records, commingling client funds and misappropriation of client funds; applicant gave false testimony under oath to Disciplinary Committee and made a false statement, under penalties of perjury on a questionnaire submitted to the Disciplinary Committee; applicant fails to demonstrate trustworthiness sufficient for licensure; application for license as a real estate broker denied

77 DOS 03 Skinner v. DOS – failure to appear at hearing; proof of qualifying experience; failure to appear after proper notification of the time, place and purpose of the hearing is deemed a withdrawal of the request for a hearing; application for licensure denied for conviction of felony; application for license as a real estate salesperson denied

179 DOS 03 DOS v. Benjamin – failure to cooperate with DOS investigation; proof of qualifying experience; applicant ignored DOS’ request that she cooperate with its audit of her application and provide proof that applicant completed the continuing education course; DOS fails to establish that applicant has not complied with the continuing education requirements; applicant fails to cooperate with DOS’ audit of her application; salesperson’s license suspended until such time as she shall submit proof satisfactory to DOS that she has completed an approved continuing education course

180 DOS 03 DOS v. Manning-Weiss – failure to cooperate with DOS investigation; proof of qualifying experience; applicant ignored DOS’ request that she cooperate with its audit of her application and provide proof that applicant completed the continuing education course; DOS fails to establish that applicant has not complied with the continuing education requirements; applicant fails to cooperate with DOS’ audit of her application; salesperson’s license suspended until such time as she shall submit proof satisfactory to DOS that she has completed an approved continuing education course

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

184 DOS 03 DOS v. Alexander – failure to cooperate with DOS investigation; proof of qualifying experience; salesperson ignored DOS’ request that he cooperate with its audit of his application and provide proof that he had completed the continuing education course; DOS fails to establish that salesperson has not complied with the continuing education requirement; salesperson’s license suspended until such time as he submits proof satisfactory to DOS that he has satisfactorily completed an approved continuing education course

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

312 DOS 03 DOS v. Allen – proof of qualifying experience; salesperson had not completed the continuing education requirement and license was erroneously issued; salesperson license revoked

1126 DOS 03 Matter of Milshtein - proof of qualifying experience; failure to appear at hearing; ex parte hearing may proceed upon proof of proper service; failure to appear or to be represented at hearing to review proposed denial of application deemed to be withdrawal of request for hearing; application for salespersons license denied

1137 DOS 03 Matter of Li - prior misconduct; proof of qualifying experience; direct relationship exists between crime involving dishonesty ( issuing unauthorized documentation required to enable non-immigrant students to stay in this country) and duties as a real estate salesperson; risk sufficiently attenuated where six years have past since commission of the crime, post conviction employment is favorable, applicant handled closing of business in an ethical way, applicant showed remorse and recognized what she did was wrong, applicant produced character witnesses; application for salespersons license granted

67 DOS 04 Matter of Garreau - prior misconduct; proof of qualifying experience; forgery; direct relationship exists between criminal convictions (felony forgery and grand larceny) and essential duties as a real estate salesperson; risk sufficiently attenuated where five years post conviction lawful behavior and applicant produced substantial reputation evidence of good character; application for salesperson license granted

246 DOS 04 Matter of Vasiliu - proof of qualifying experience; failure to appear at hearing; prior misconduct; exparte hearing may proceed upon proof of proper service; DOS proposes denial of application for salesperson based upon applicant’s conviction of forcible touching; applicant’s failure to appear at hearing deemed a withdrawal of the request for a hearing; application for license as a salesperson 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

909 DOS 04 Matter of Medina - failure to appear at hearing; prior misconduct; proof of qualifying experience; ex parte hearing may proceed upon proof of proper service; DOS proposed to deny application for license as a real estate broker where in testimony in a disciplinary hearing involving licensees other than the applicant it was stated that the applicant permitted a real estate salesperson to operate a real estate brokerage business without the supervision for which the applicant was responsible; failure to appear at the hearing is deemed to be a withdrawal of the request for hearing; application for broker’s license denied

1022 DOS 04 Matter of Keitzer - proof of qualifying experience; unlicensed activity; after salesperson terminated his association with his broker, salesperson took a listing, attended a closing and received a commission in his name for real estate services; salesperson acted as real estate broker without being licensed as such and demanded and received compensation from a person other than a licensed real estate broker with whom salesperson was associated; salesperson failed to prove requisite trustworthiness required to renew license; license renewal denied

482 DOS 05 Matter of Carro-Caputo - unlicensed activity; proof of qualifying experience; DOS proposes to deny renewal application for broker’s license due to alleged unlicensed brokerage activities; broker timely made application to renew license and enrolled in required continuing education classes at NYU and relied on NYU to notify DOS of course completion, as was its practice; NYU failed to submit certification of completion to DOS; upon next renewal, DOS returned application requiring broker to retake qualifying examination, which broker did and passed; where timely and sufficient application for renewal has been made, license does not expire until the application has been finally determined by the agency; broker’s belief that she was properly licensed after taking all the required actions precludes a finding of untrustworthiness; application for broker20s license granted

720 DOS 05 Matter of Conley - proof of qualifying experience; amendment of complaint; hearsay; supplemental complaint; consolidation of hearings; DOS proposes to deny salesperson’s application for a brokers license based upon lack of proof of qualifying experience; hearing continued to allow applicant to file additional information with DOS; DOS thereafter moves to file an amended complaint alleging fraudulent documentation submitted in support of license application; tribunal deems State’s amended complaint as a supplemental complaint because it brings to the notice of both the tribunal and the applicant events alleged to have occurred since the pleading sought to be supplemented and the complaint both alleges an allegation and seeks a relief not alleged or sought in the original pleading; motion for leave to supplement the pleadings is granted; examination of 72 documents during hearing out of 1,848 documents submitted by applicant establishes that applicant’s testimony concerning the documents is willfully false on the material issue of experience and the tribunal finds testimony not credible and considers all documents submitted to be false; applicant failed to prove he possessed the experiential prerequisite for a license as real estate broker; applicant submitted documents containing false information and false statements concerning the material issue of experience in support of his application; application for a license as a real estate broker denied and real estate salesperson’s license revoked.

753 DOS 05 Matter of Sandstrom – proof of qualifying experience; failure to appear at hearing; DOS proposed to deny application for broker’s license based upon experience allegedly gained in negotiating 28 commercial leases where supporting documents supplied by applicant showed that transactions were in negotiation of licenses not leases; failure to appear at hearing deemed to be withdrawal of request for a hearing; application for license as a real estate broker is denied.

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

75 DOS 06 DOS v. Hong- proof of qualifying experience; associate broker affirmed on her license renewal application that she had completed the continuing education courses; because of an abusive domestic situation and a break down of her home computer, salesperson did not finish the courses until six months later; consideration given to underlying circumstances; salesperson fined $100.00

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

116 DOS 06 DOS v. Santana- proof of qualifying experience; salesperson affirmed on her license renewal application that she had completed the mandatory continuing education requirement; at the time of submission of application, salesperson registered to take the courses online but was unable to do so because of her need to attend to the needs of her seriously ill mother and because she herself was injured when struck by a truck; while salesperson may have fully intended to complete the courses before the expiration of her license her answer was untrue; conduct was a demonstration of incompetence but mitigated by her personal and physical problems; salesperson fined $250.00

154 DOS 06 DOS v. Cole- proof of qualifying experience; DOS fails its burden of proof; salesperson affirmed on his license renewal application that she had completed the required continuing education courses; upon receipt of DOS’s request for original course completion certificates, salesperson, for the first time, found out that three credit hours were not approved for continuing education credit; salesperson immediately completed the next continuing education class and then answered DOS’s question affirmatively that she had completed the continuing education requirement; charge that salesperson failed to provide proof that she had completed the requisite continuing education dismissed; charge that salesperson falsely affirmed that she had completed the continuing education requirement dismissed where salesperson believed in good faith that she had fully complied with the continuing education requirements at the time of the license renewal application; complaint dismissed

160 DOS 06 DOS v. Sharony- proof of qualifying experience; salesperson affirmed on his license renewal application that he had completed the mandatory continuing education requirement when he had not; salesperson was given an opportunity to submit proof that he had since complied and failed to provide such proof from which it is concluded the he had not in fact completed the required courses; salesperson’s license revoked

160A DOS 06 DOS v. Sharony- proof of qualifying experience; salesperson affirmed on his license renewal application that he had completed the mandatory continuing education requirement when in fact he had not; after receiving DOS letter requesting proof of compliance, salesperson completed the necessary additional courses; salesperson failed to comply with requirement to complete the continuing education courses within the renewal period; salesperson failed to explain why it took nearly one year after being notified of non-compliance to take the required courses; tribunal considers salesperson having being suspended twice previously for violations of cease and desist regulations; salesperson’s license suspended for three months

180 DOS 06 DOS v. Alfieri- proof of qualifying experience; salesperson affirmed on her license renewal application that she had completed the mandatory continuing education requirement; salesperson had in fact completed the required continuing education requirement, however, she completed those requirements approximately one month prior to the renewal period; charge that salesperson falsely affirmed that she had completed the continuing education requirement dismissed as she had in fact taken the continuing education requirement for the requisite period, albeit one month earlier than that which she could receive credit; salesperson reprimanded for failure to take the requisite continuing education courses during the renewal period

185 DOS 06 DOS v. Guglielmo- proof of qualifying experience; salesperson affirmed on her license renewal application that she had completed the mandatory continuing education requirement; charge that salesperson falsely indicated that she had fulfilled the continuing education requirement dismissed where her testimony was credible that at the time that she made the application she thought that she was in compliance; salesperson failed to complete the continuing education requirement; salesperson’s license revoked

187 DOS 06 DOS v. Said- proof of qualifying experience; salesperson affirmed on his license renewal application that he had completed the requisite continuing education requirement; salesperson failed to take the requisite continuing education during the renewal period; testimony that salesperson believed that he took continuing education courses during the renewal period but did not keep records of these courses considered but does not excuse conduct; salesperson belatedly completes continuing education requirement; salesperson fined $400.00

188 DOS 06 DOS v. Realbuto- proof of qualifying experience; salesperson failed to take the requisite continuing education during the renewal period; salesperson affirmed on his license renewal application that he had completed the required continuing education courses; salesperson’s testimony that he timely registered and paid for a 22 ½ hour online course and believed that he had fully completed the requirement when he had only completed 3.75 hours of credit was credible; salesperson fined $100.00

500 DOS 06 DOS v. Tingue- proof of qualifying experience; salesperson failed to take the requisite continuing education during the renewal period; salesperson demonstrated incompetency by affirming on his renewal application that he had completed the requisite continuing education; violation mitigated by applicant’s testimony that he believed mistakenly that a course he took was for more time than actually credited; salesperson fined $100.00

510 DOS 06 DOS v. Fortuna- proof of qualifying experience; salesperson advised DOS that she would have proof of completion of continuing education requirements as soon as possible but failed to so; failure to provide the promised proof supports the conclusion that applicant failed to comply with the requirement; salesperson lied on her application about her compliance with the continuing education requirements; salesperson’s license revoked

511 DOS 06 DOS v. Parisien- proof of qualifying experience; failure to appear at hearing; ex parte hearing may proceed upon proof of proper service; applicant failed to submit proof of compliance with continuing education requirements and may not properly be allowed to retain his license until he does so; in the absence of an appearance by the respondent and response by him to DOS’s correspondence, DOS has failed to produce proof that respondent failed to comply with the continuing education requirements and lied about it; salesperson’s license suspended until he provides proof of compliance with education requirements

512 DOS 06 DOS v. Porretta- proof of qualifying experience; service of process; complaint alleges that applicant failed to provide proof that she fulfilled the continuing education requirements and that she falsely indicated on her license renewal application that she had fulfilled the requirements; DOS must first notify the licensee of the charges by certified mail addressed to his or her last known business address; DOS notice of hearing was addressed to an old business address and was not received by the applicant; complaint dismissed

525 DOS 06 Matter of Russell- proof of qualifying experience; salesperson fails to provide proof of requisite experience during his approximate twelve year tenure as a real estate salesperson to be licensed as a real estate broker as he provided no documentation to support his claimed experience; application for broker’s license denied

526 DOS 06 Matter of Cruz- proof of qualifying experience; failure to cooperate with DOS investigation; salesperson fails to provide proof of requisite experience for license as a real estate broker; documentation provided by salesperson was from activity he engaged in while not licensed by DOS as being associated with brokerage and for a broker who would not attest to the salesperson’s experience; DOS fails to establish that salesperson failed to cooperate where DOS informed salesperson that his submission of documentation was insufficient to qualify him for licensure and that he “may” submit additional documentation, such request was permissive and not obligatory and therefore salesperson’s failure to provide additional information was not a failure to cooperate on his part; application for license as a real estate broker denied

538 DOS 06 DOS v. Brannen- appraisers; proof of qualifying experience; failure to appear at hearing; ex partehearing permissible upon proof of proper service; real estate appraiser assistant affirmed on his renewal application that he complied with the continuing education requirements; in response to DOS follow up letter confirming compliance with continuing education requirements, applicant responded that he had not completed the continuing education requirements; applicant failed to appear at hearing or present any proof as to the “extenuating circumstances” for his not completing the continuing education; almost a year elapsed since the expiration of applicant’s previous renewal and applicant still has not taken the requisite continuing education; license as a real estate appraiser assistant revoked

539 DOS 06 DOS v. Iaccarino- appraisers; proof of qualifying experience; failure to appear at hearing; ex partehearing may proceed upon proof of proper service; material misstatement on application; applicant for renewal of real estate appraiser license affirmed that he had complied with the continuing education requirements; applicant failed to respond to DOS’s request for proof of compliance; license as a real estate appraiser assistant revoked

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

549 DOS 06 DOS v. De Maria- proof of qualifying experience; DOS fails it burden of proof; applicant affirmed that she had completed the mandatory continuing education on her salesperson’s license application renewal; DOS requested applicant to provide proof that she had completed the mandatory continuing education; DOS failed to produce any evidence as to weather the letter was delivered and letter sent to both home and business addressees was returned unclaimed; evidence fails to establish that applicant received the request for proof and, in the absence of a response from applicant, that she did not fulfill her requirement; complaint dismissed

550 DOS 06 DOS v. Fellrath- appraisers; proof of qualifying experience; failure to cooperate with DOS investigation; DOS fails its burden of proof; failure to appear at hearing; applicant affirmed on his renewal application that he had completed the required continuing education; applicant failed to respond to DOS letters requesting proof of completion of continuing education requirement; applicant failed to respond to DOS demands for proof of continuing education; in the absence of any replies from applicant, DOS failed to prove that applicant did not take the required continuing education courses and that charge is dismissed; applicant failed to produce evidence of satisfactory continuing education requirements; license as a real estate appraiser assistant revoked

___ DOS _____ DOS v. Parisien- proof of qualifying experience; prior order (511 DOS 06) suspending salesperson’s license until he submitted proof of compliance with the continuing education requirements vacated upon salesperson’s submission of copies of certificates attesting to his completion of the requisite continuing education

624 DOS 06 DOS v. Lara- proof of qualifying experience; salesperson affirmed on his renewal application that he had completed the requisite continuing education requirements; salesperson took the real estate broker qualifying course during the requisite period and thought that course satisfied the continuing education requirement for his salesperson’s license; when applicant learned that it did not, he immediately took the continuing education courses; applicant failed to comply with the requirement of completing the mandatory continuing education within the two year period immediately preceding his renewal; in mitigation, noncompliance and incorrect answer on application were result of applicant’s mistaken belief and are a demonstration of incompetency, not untrustworthiness; salesperson fined $250.00

689 DOS 06 Matter of Kachalov- proof of qualifying experience; applicant for license as a real estate broker was granted a waiver of the 90 hour course required for licensure as a real estate broker based on course work completed in law school and activities as a licensed private investigator; applicant took and passed the real estate broker’s license examination; DOS denies application for failure to establish that applicant had sufficient qualifying experience; experience doing legal research and analysis in law school and conducting investigations as a private investigator does not meet the requirements of the equivalent experience in general real estate business for a period of at least two years to qualify for license as a real estate broker and therefore application for license as a real estate broker is denied; having passed the real estate broker licensing examination and having been granted credit for 90 hours of required education, applicant is fully qualified to be licensed as a real estate salesperson and is granted a license as a real estate salesperson

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

844 DOS 06 DOS v. Zaremba- appraisers; proof of qualifying experience; failure to appear at hearing; ex partehearing may proceed upon proof of proper service; real estate appraiser assistant failed to provide proof of satisfactory completion of the continuing education requirements; in the absence of any replies from the respondent, DOS has failed to prove that the respondent did not take the required continuing education courses and that charge is dismissed; license as a real estate appraiser assistant is revoked

954 DOS 06 Matter of Dia- proof of qualifying experience, false affidavit that completed continuing education course; in mitigation of penalty, but not an excuse for false answer, applicant had good faith belief that he was going to complete the course prior to renewal date and did not do so due to repeated postponements of course in the school and unavoidable family commitment

987 DOS 06 DOS v. Chachami- proof of qualifying experience, failure to complete continuing education, false statement, decline of offer to settle, more stringent penalty appropriate, $1,000.00 fine

980 DOS 06 DOS v. Pomonis- proof of qualifying experience, failure to complete continuing education, false statement; mistaken belief that qualifying course meets continuing education requirements is not a mitigating factor, as course taken after application signed; subsequent completion of required course means revocation is not mandated, but does not excuse conduct, $1,000.00 fine

993 DOS 06 Matter of Donaldson – appraiser assistant, continuing education, failure to appear, opportunity to settle, DOS fails burden of proof due to absence of reply from respondent, as to continuing education, applicant fails to produce proof of satisfactory completion

995 DOS 06 Matter of Tamburello – appraiser, continuing education, failure to appear, opportunity to settle, mistaken belief that courses were approved, correction of deficiency

11 DOS 07 Matter of Saraceno – continuing education, inadvertent non-compliance, exigent circumstances, dismissal

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

21 DOS 07 Matter of Geoghan – appraiser, continuing education, inadvertent violation, opportunity to settle, no authority to impose fine, reprimand

22 DOS 07 Matter of Marshall – appraiser, continuing education, inadvertent violation, opportunity to settle, no authority to impose fine, reprimand

24 DOS 07 Matter of Sergio – appraiser, continuing education, no reasonable explanation of failure to take course as soon as learned of requirement, 2-month suspension

591 DOS 07 Matter of Noonan- salesperson application for broker license denied; false and fraudulent documentation, forgery of essential signature; involvement in unlicensed brokerage business while unlicensed; failure to prove sufficient creditable experience; failure to cooperate

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

1307 DOS 07 Matter of Clemente- Appraiser Assistant; failure to complete continuing education; no duty to cooperate; false statement occurred while disabled; additional time permitted to complete continuing education; suspension until continuing education completed

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

316 DOS 08 Matter of Arthur – appraiser; continuing education; failure to notify of change of address; non-cooperation; revocation

320 DOS 08 Matter of Moussa – appraiser assistant; continuing education; 7-hour USPAP update; suspension without proof of completion

321 DOS 08 Matter of Osakada – salesperson renewal; continuing education; failure to cooperate; revocation

324 DOS 08 Matter of Velazquez – salesperson renewal; continuing education; opposition to settlement for $2,000 fine; 2-month suspension and until proof of continuing education

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

326 DOS 08 Matter of Nikitsiuk – salesperson renewal; continuing education; rejected opportunity to pay fine; revocation

329 DOS 08 Matter of Volcy – salesperson renewal; continuing education; rejected opportunity to pay fine; suspension until submit proof of CE

397 DOS 08 Matter of Ekpo – appraiser assistant; continuing education; misunderstanding of requirement of USPAP update; 30-day opportunity to take course or suspension

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

431 DOS 08 Matter of Seiderer – appraiser; continuing education; clerical error; inadvertent lack of completion and prompt completion; reprimand

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

465 DOS 08 Matter of Flanagan – salesperson renewal; continuing education; online course; failure to stay online for 22 ½ hours; courses retaken; complaint dismissed

473 DOS 08 Matter of DiCapua – appraiser assistant; continuing education; wrongful license for substantial period of time; revocation

479 DOS 08 Matter of Panzarella – appraiser assistant; continuing education; refusal of offer to settle; revocation

481 DOS 08 Matter of Spina – appraiser; continuing education; refusal of offer to settle; revocation

483 DOS 08 Matter for Strong – appraiser assistant; continuing education; revocation

503 DOS 08 Matter of Carrigan – appraiser assistant; continuing education; 3 month suspension, and until complete 7 hour USPAP update

842 DOS 08 Matter of Valerio – appraiser; USPAP violation; manipulated comparable; overvaluation; revocation

843 DOS 08 Matter of Viggo – appraiser; continuing education ; refused opportunity to settle; hardship; subsequent completion of 7 hour USPAP course; one month suspension

846 DOS 08 Matter of Hoskins – broker; continuing education; hardship; reprimanded

854 DOS 08 Matter of Lippolis – appraiser assistant; continuing education; misunderstanding; completion upon discovering deficiency; reprimanded

125 DOS 09 Matter of Marciano – salesperson; qualifying experience; personal animus of supervising broker; appeal granted

126 DOS 09 Matter of Ghera—salesperson; qualifying experience; insufficient evidence

222 DOS 09 Matter of Cohen—salesperson; experience; license granted

299 DOS 09 Matter of Conley—salesperson; qualifying experience; office manager denied due to lack of active participation in transactions supervised as office manager prior to statutory change RPL §440(6)

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