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1A. Appraisers

773 DOS 02 DOS v. Sarro – appraisers; preparing and communicating misleading appraisal reports; appraiser tailored his appraisal report to meet the predetermined value; appraiser failed to disclose material facts on the appraisal report; license as a residential real estate appraiser revoked

315 DOS 03 DOS v. Brady – appraisers; fraudulent practices; broker misrepresented his status as either licensed or certified as a real estate appraiser; broker compounded his misconduct by breaching his fiduciary duties of honesty and full disclosure by misrepresenting his status as either licensed or certified as a real estate appraiser on appraisals and invoices; such conduct constituted fraudulent practices; broker’s license revoked

1 DOS 05 Matter of West - appraisers; substantial evidence; appraisal report was grossly inaccurate and misleading where improper comparables were used in the wrong neighborhood and of the wrong type, the stated sales price of one was hugely overstated and the stated sales dates were all wrong; DOS meets its burden of proof of substantial evidence; appraiser’s license revoked

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

60 DOS 05 DOS v. Rerecich- appraisers; failure to cooperate with DOS investigation; proof of qualifying experience; failure to provide proof of qualifying experience; failure to provide proof of education requirements after given two opportunities to do so; failure to provide proof of compliance creates presumption of failure to have complied; real estate appraiser assistant’s license revoked

68 DOS 06 DOS v. Mcauliffe- appraisers; material misstatement on application; proof of qualifying experience; DOS fails its burden of proof; appraiser failed to provide proof that he completed the mandatory continuing education requirement after twice being given the opportunity to do so; appraiser 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 his application and such charges are dismissed; appraiser’s license is suspended until such time as he shall have provided proof of compliance with the continuing education requirement

77 DOS 06 DOS v. Penso- appraisers; appraiser assistant failed to provide proof of completion of mandatory continuing education although given two opportunities to do so; appraiser assistant’s license revoked

114 DOS 06 DOS v. Desley- appraisers; proof of qualifying experience; appraiser certified on his license renewal application that he had completed the mandatory continuing education requirement when he had not; appraiser mistakenly believed certain courses taken online and given by the Westchester County Board of REALTORS were approved appraiser courses when in fact they were not; appraiser subsequently completed the additional qualifying courses; incorrect affirmation that he was in compliance was the inadvertent result of his misunderstanding of the nature of the courses which he had completed; non-compliance and incorrect affirmation were not a demonstration of untrustworthiness or incompetence; complaint dismissed

115 DOS 06 DOS v. Novak- appraisers; proof of qualifying experience; appraiser certified on his license renewal application that he had completed the continuing education requirement when he had not; non-compliance and incorrect affirmation that he was in compliance was the inadvertent result of his misunderstanding the regulation and not in demonstration of untrustworthiness or incompetence; complaint dismissed

117 DOS 06 DOS v. Tamulinas- appraisers; proof of qualifying experience; appraiser falsely affirmed on his license renewal application that he had completed the mandatory continuing education requirement when he had not; upon DOS’s offer to enter into consent order, pay fine of $1,000.00 and complete education by date certain, although appraiser sent a check for $1,000.00, he did not complete the remaining continuing education requirements nor sign the consent order; appraiser’s license revoked

159 DOS 06 DOS v. Robusto- appraisers; proof of qualifying experience; at time of license renewal application, appraiser had not completed any continuing education courses; appraiser believed that he was exempt from the continuing education requirements due to his being a “certified instructor,” appraiser’s testimony lacked credibility; appraiser falsely affirmed that he had completed the continuing education required when in fact he had not and still had not almost one and a half years later; real estate appraiser’s certification revoked

183 DOS 06 DOS v. Calvelo- appraisers; DOS fails its burden of proof; failure to appear at hearing; failure to cooperate with DOS’s investigation; ex parte hearing may proceed upon proof of proper service; appraiser accepted $1,000.00 from client to prepare an appraisal but failed to provide his client with a report of that appraisal; charge of non-cooperation is dismissed where DOS sent two letters to unlicensed address, both of which were returned unclaimed, and there being no evidence that the uncertified letters were delivered and that any effort was made to contact the appraiser at his licensed address; appraiser’s license suspended for six months and then until proof that he has refunded the sum of $1,000.00 plus interest

192 DOS 06 DOS v. Mitchell- appraisers; proof of qualifying experience; appraiser assistant falsely affirmed that she was in compliance with the continuing education requirements on her license renewal application and failed to provide proof that she had complied with the continuing education requirements; real estate appraiser assistant’s license revoked

249 DOS 06 DOS v. Lee- appraisers; charges against appraiser dismissed when evidence did not establish that proper service was made on him; appraiser assistant violated the standards for development and communication of appraisals by preparing an appraisal report which was inaccurate and incomplete and inflated the purchase price of the property appraised; appraiser assistant affixed signature of appraiser to report although appraiser had not reviewed it; appraiser assistant utilized business cards falsely representing her to be a licensed real estate appraiser; real estate appraiser assistant’s license revoked

373 DOS 06 DOS v. Clark- appraisers; proof of qualifying experience; applicant knowingly made a false statement on her renewal application and failed to comply with DOS's request for proof of compliance of completing the continuing educational requirements; license as real estate appraiser assistant revoked

374 DOS 06 Matter of Piccarreto- appraisers; prior misconduct; failure to appear at hearing; applicant deemed to have withdrawn his request for a hearing by failure to appear at hearing and therefore decision to deny application is final; application for license as a residential real estate appraiser denied

448 DOS 06 DOS v. Robertson- appraisers; qualifying experience; appraiser assistant affirmed on her renewal application that she had complied with the continuing education requirements; failure to respond to DOS's request for proof of compliance resulted in conclusion that applicant failed to comply with the continuing education requirements; applicant willfully disregarded DOS's request for proof of compliance; real estate appraiser assistant's license revoked

459 DOS 06 DOS v. Pemberton- appraisers; proof of qualifying experience; appraiser assistant sought extension of time in which to complete his continuing education requirements but was given inaccurate information by DOS; based on this misinformation, applicant did not seek the extension and submitted his renewal application affirming that he complied with the continuing education requirements; upon learning that he had still needed to meet the education requirements, applicant took and completed the course and submitted his completion certificate to DOS; complaint alleging failure to complete or provide proof of taking the required continuing education courses and falsely affirming on his application that he had is dismissed

506 DOS 06 DOS v. Dolce- appraisers; proof of qualifying experience; applicant for license renewal falsely affirmed that she was in compliance with the continuing education requirements; violation mitigated by the fact that at the time, applicant was under the impression that she was in compliance and as soon as she learned she heeded an additional course she took same; appraiser fined $100.00

509 DOS 06 DOS v. Hernandez- appraisers; proof of qualifying experience; failure to appear at hearing; ex parte hearing may proceed upon proof of proper service; applicant failed to complete the continuing education requirements and falsely affirmed on his license renewal application that he was in compliance; appraiser assistant’s license revoked

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

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

608 DOS 06 DOS v. Clark- appraisers; prior misconduct; license as a certified residential real estate appraiser revoked where appraiser had her appraiser assistant license revoked based upon the finding that she procured the renewal of her appraiser assistant license by falsely affirming that she had taken the requisite continuing education when in fact she had not and by refusing to provide complete information to DOS upon its requests for such information

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

986 DOS 06 DOS v. Valerio- appraiser; negligence and incompetence; first appraisal inaccurate and misleading; no evidence of collusion or willful inflation of value to reach a predetermined amount; 3 month suspension

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

1 DOS 07 Matter of Ali – appraiser allowing appraiser assistant to affix signature to report which he did not review, settlement offers declined, no fine authorized, 3-month suspension

2 DOS 07 Matter of Pinger – appraiser, incorrectly measurement, gross overestimate of value, failure to appear, revocation

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

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

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

34 DOS 07 Matter of Alberti- Appraisers- supervisory appraiser approves reports that violate USPAP standards; incompetence; failure to cooperate; revocation

51 DOS 07 Matter of Dougherty- Appraisers- general appraiser, audit of Continuing Education Compliance, opportunity to settle; failure to reply, revocation

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

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

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

238 DOS 07 Matter of Fierro- general real estate appraiser; prejudice in preparation of appraisal (former use as a gas station and potential for underground tanks); failure to establish good cause for adjournment (“not feeling well”)

239 DOS 07 Matter of Nickerson- residential appraiser; failure to take required continuing education; misinformed by employee that taking course in same month as renewal is not violation; explanation sufficient to reduce sanctions

296 DOS 07 Matter of Artemiou- appraiser assistant; failure to complete continuing education, false affirmation; revocation

326 DOS 07 Matter of Martin- general appraiser; failure to complete continuing education, false affirmation, disregard of offer to resolve; revocation

416 DOS 07 Matter of. DeFinis- appraiser assistant; failure to respond to audit of continuing education; revocation

438 DOS 07 Matter of. Demonde- appraiser assistant, false claim of continuing education; mitigation due to misunderstanding; reprimand and admonishment

484 DOS 07 Matter of Ali- appraiser; dishonesty and failure to supervise in allowing appraiser assistant to affix appraiser’s signature to report he had not reviewed; three month suspension

513 DOS 07 Matter of Balfour- appraiser; failure to complete continuing education; inadvertent noncompliance as result of misunderstanding, not untrustworthiness or incompetence; complaint dismissed

516 DOS 07 Matter of Reich- appraiser, failure to complete continuing education, adequate explanation of problem with on-line course, part of which was beyond her expertise and required additional information, which she procured and then completed the course; complaint dismissed

889 DOS 07 Matter of Lombardi- appraiser; preparation of two misleading reports in violation of USPAP; failure to cooperate charge dismissed as appraisers do not have duty to cooperate; appraiser license revoked

998 DOS 07 Matter of Jones- Appraiser Assistant; false affirmation of continuing education; no statutory duty to cooperate; revocation

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

1063 DOS 07 Matter of Antiaobong- Appraiser Assistant; incompetency; substantial error; revocation

1117 DOS 07 Matter of Norris- Appraiser; inaccurate and misleading report; gross overstatement of value; misleading due to negligence (attempt to justify supposed market trend), not intent to deceive; three months suspension

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

1343 DOS 07 Matter of Campbell-Appraiser Assistant; adjournment of hearing; request denied due to improper appraisal; fraudulent representation of being properly licensed, and failure to prove 1 year of lawful qualifying experience; applicant failed to appear and fails to meet burden of proof; certification denied

1344 DOS 07 Matter of Winslow- Appraiser; inaccurate and misleading report which overstated value; refusal of opportunity to settle; 2 months suspension

1345 DOS 07 Matter of Wenger- Appraiser; audit of continuing education; failure to respond is willful misconduct; revocation

1395 DOS 07 Matter of Guerra- Appraiser; continuing education; willful misconduct in failing to respond; suspension until proof of completion

1604 DOS 07 Matter of Capuano- appraiser assistant; prior conviction for wire fraud; post conviction behavior without known criminal activity; four powerful recommendations as evidence of rehabilitation; difficulty finding job; license granted

1917 DOS 07 Matter of Johnson- appraiser; continuing education; suspension or $1,000 fine

1971 DOS 07 Matter of Vaccaro- appraiser; continuing education; opportunity to resolve by paying fine; timing problems re: courses; two months suspension

1977 DOS 07 Matter of Murphy- appraiser; continuing education; inadvertent misunderstanding of qualifying courses; complaint dismissed

1979 DOS 07 Matter of Fierro- appraiser; continuing education; failure to respond to audit letter, despite having taken courses; reprimand for violation of 19 NYCRR §1107.3(a)

2036 DOS 07 Matter of Discipio- appraiser assistant; continuing education; penalty should consider wrongful advantage applicant obtained by misrepresentation; revocation

2037 DOS 07 Matter of Federico- appraiser; continuing education; respondent moved and did not receive audit letter or notice of hearing; complaint dismissed without prejudice

2038 DOS 07 Matter of M. Soto- appraiser assistant; continuing education; suspension until provide proof of compliance

2039 DOS 07 Matter of Allstadt- appraiser; continuing education; misinterpretation of type of course which qualifies for CE; suspension until provide proof of 14 additional hours within 2 months or suspension until provides proof of compliance

2040 DOS 07 Matter of A. Soto- appraiser assistant; continuing education; suspension until provide proof of compliance and change of address

2044 DOS 07 Matter of Harvey- Appraiser; continuing education; willful misconduct; revocation

2045 DOS 07 Matter of DeAngeleis- appraiser assistant; continuing education; willful misconduct; revocation

2046 DOS 07 Matter of Ewing- appraiser assistant; continuing education; willful misconduct; revocation

2047 DOS 07 Matter of Palmiotto- appraiser; continuing education; willful misconduct; revocation

2067 DOS 07 Matter of Spratt- appraiser; continuing education; opportunity to settle; 3 month suspension

2212 DOS 07 Matter of Buckles- appraiser; multiple violations of USPAP: negligence and incompetence causing economic harm to client (appraised property at $503,000 and was resold in four months for $3,400,000); on year suspension and refund of appraisal fee

2214 DOS 07 Matter of Bores- appraiser; continuing education; failure to respond to request for proof of compliance; revocation

2215 DOS 07 Matter of Ellis- appraiser; continuing education; failure to respond to request for proof of compliance; revocation

2216 DOS 07 Matter of Hegarty- appraiser; continuing education; false affirmation of compliance; two month suspension and requirement to provide proof of compliance within said two month period

2217 DOS 07 Matter of Hunt- appraiser; continuing education; failure to respond to request for proof of compliance; revocation

2218 DOS 07 Matter of Naqvi- appraiser; continuing education; mistaken belief that his broker continuing education would apply toward fulfilling USPAP requirements; completed within one month of renewal period; understandable reliance upon LIBOR; complaint dismissed

248 DOS 08 Matter of Grimaldi – broker; availing license to unlicensed person; renewal denied

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

314 DOS 08 Matter of Pinger – appraiser; incorrect measurement and description; gross overestimating; 19 years unblemished record; nunc pro tunc suspension

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

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

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

779 DOS 08 Matter of Wurtenberg – appraiser assistant; overvaluation due to inappropriate comparable; prior consent order (one year suspension); 18 month suspension

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

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

861 DOS 08 Matter of Martinez – salesperson, continuing education; failure to cooperate; revocation

867 DOS 08 Matter of Wiley – continuing education; failure to keep DOS apprised of address; suspension until proof of compliance of change of address and continuing education

872 ODS 08 Matter of Heszkel – appraiser; underestimation of property value; no venal motive or intentional violation; unjust to suspend; reprimand and refund $400 appraisal fee

896 DOS 08 Matter of Todel – appraiser; continuing education; short suspension due to medical and financial situation; one-month suspension

987 DOS 08 Matter of Ruiz – appraiser assistant; continuing education completed after renewal date; three-month suspension

989 DOS 08 Matter of Stringer – appraiser assistant; continuing education; failure to take USPAP update course; noncompliance due to incorrect information from school; provide proof of completion within two months or suspension until submit proof of compliance

1022 DOS 08 Matter of Ayers – appraiser assistant; continuing education; revocation

1024 DOS 08 Matter of Rothsam – appraiser; continuing education; suspension pending receipt of proof of compliance

1479 DOS 09 Matter v. Tiernan – appraiser; failure to complete CE; complete CE within two months or suspension

1488 DOS 08 Matter of Gjokaj – appraiser; CE; failure to provide proof of compliance; revocation

1489 DOS 08 Matter of Iverson – appraiser assistant; CE; failure to provide proof of compliance; revocation

1490 DOS 08 Matter of Ramlogan – appraiser assistant; CE; failure to provide proof of compliance; revocation

1491 DOS 08 Matter of Walker – appraiser assistant; CE; failure to provide proof of compliance; revocation

1499 DOS 08 Matter of Medina – appraiser assistant; CE: untimely completion; mitigation; one month suspension

1504 DOS 08 Matter of Martin – appraiser assistance; CE; failure to complete; mitigation; good faith belief that ethics course interchangeable with USPAP course; reprimand

1514 DOS 08 Matter of Ram – appraiser; misleading appraisal report; no appearance; notice undeliverable; failure to advise of change of address; incomplete appraisal; revocation

3 DOS APP 08 Loiola v. DOS – appraiser; appeal; DOS affirmed penalty of suspension until completes required CE

1 DOS 09 Matter of Henriques – appraiser assistant; incomplete report; incompetence; 4-month suspension

142 DOS 09 Matter of Good – appraiser; CE; 2-month suspension

146 DOS 09 Matter of Lannen – appraiser; CE: revocation

173 DOS 09 Matter of Ifemesia – appraiser and appraiser assistant; undisclosed business relationship; revocation

190 DOS 09 Matter of Coyle – appraiser; failure to meet USPAP; electronic signature; credible testimony that former employee affixed electronic signature without permission; dismissal

204 DOS 09 Matter of Carr – appraiser; CE; revocation

205 DOS 09 Matter of Henry – appraiser assistant; CE; 3-month suspension

206 DOS 09 Matter of Keating – appraiser assistant; CE; revocation

207 DOS 09 Matter of O’Connell – appraiser assistant; CE; revocation

208 DOS 09 Matter of Shamah – appraiser assistant; CE; revocation

209 DOS 09 Matter of Smith – appraiser assistant; CE: revocation

235 DOS 09 Matter of Powell – appraiser; CE; suspension until proof of completion

259 DOS 09 Matter of Ward – appraiser; CE: failure of proof charge dismissed

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

357 DOS 09 Matter of Spinola – appraiser; CE mitigation and hardship; provide proof by specified date or suspension

383 DOS 09 Matter of Mannino – appraiser assistant; CE; revocation

387 DOS 09 Matter Barthelus – appraiser; CE; reprimand

394 DOS 09 Matter of Caddle – appraiser assistant; CE: good faith mistake; illness and hardship; no public harm; complaint dismissed

395 DOS 09 Matter of Cardona – appraiser assistant; CE; reprimand

397 DOS 09 Matter of Sabena – appraiser assistant; CE; revocation

402 DOS 09 Matter of Greenstein – appraiser assistant; CE; revocation

403 DOS 09 Matter of Schwagerl – appraiser; CE; revocation

424 DOS 09 Matter of Saraceno – appraiser; condition of premises; inconsistency in testimony; inherent unlikeliness of complainant testimony; complaint dismissed

725 DOS 09 Matter of Chisholm – appraiser; CE; revocation

736 DOS 09 Matter of Adamek – appraiser; CE; revocation

790 DOS 09 Matter of Hassell – appraiser; gross overstatement; revocation

793 DOS 09 Matter of Massaria – appraiser; CE; reprimand

797 DOS 09 Matter of Odato – appraiser; predetermined estimate; failure to cooperate; revocation

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