1. Adjournments

123 DOS 93 Matter of DOS v. Harrington - requests for adjournments must comply with 19 NYCRR §400.11; broker permits unlicensed salesperson to work; broker who fails to pay judgment without proof of inability is guilty of untrustworthiness, broker's failure to timely file termination of association notices not excused by claim of unhappiness with filing fee; prior discipline considered in imposing sanction; two-month suspension and continuing suspension until judgment is satisfied

21 DOS 94 Matter of DOS v. Kemmer - DOS fails its burden of proof of unlicensed activity; DOS investigator does not arrive in time for hearing; case dismissed

6 DOS 94 Matter of DOS v. Eagle Financial Services - motion to amend complaint; procedural due process; motion for severance; motion for stay of proceedings; adjournment; once issued, license is valid even if procured by fraud and voidable only in quasi-judicial proceeding; negotiating of mortgage loan requires real estate license; corporate licensee vicariously liable for conduct of unlicensed salesperson; failure to return and conversion of deposits

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

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

359 DOS 97 Matter of DOS v. Lugo - deposits; adjournments; DOS fails its burden of proof; fraudulent practices; due process; ex parte hearing is permissible upon proof of proper notice of hearing; DOS fails its burden to prove commingling of funds; unlawful retention of deposit monies in two separate transactions is a fraudulent practice; affirmative misrepresentation of fact constitutes fraud; broker fails to pay judgment and failed to establish inability or other valid reason for failure to satisfy same; broker obtains and retains fee that was not related to the actual performance of some legitimate service by him on behalf of his principal; broker’s license revoked and restitution, with interest, directed for illegally obtained commissions and to satisfy judgment

112 DOS 99 Matter of DOS v. Dorfman - adjournments; proper business practices; failure to appear at hearing; failure to cooperate with DOS investigation; accounting to client; ex parte hearing may proceed upon proof of proper service; individually licensed broker seeking to conduct brokerage business under a name other than his own must apply for a license under such new name; broker engaged in the leasing of real property through an unlicensed corporation; broker failed to cooperate with DOS investigation by failing to respond to DOS letters and telephone calls; complaint alleges broker failed to provide an accounting or copies of records of management for owner’s property; broker may be required to return commissions and fees received which he is not entitled to; $1,000.00 fine and suspension of broker’s license until such time as broker establishes he has fully complied with DOS’s investigation and made a full and satisfactory accounting to owner, shall have paid to owner all money due and owning to him as established by the accounting, with interest, and shall have refunded to owner all commissions and other fees, with interest, paid

139 DOS 99 Matter of DOS v. Linchon - adjournment; collateral estoppel; post-hearing submissions; denial of request for adjournment to obtain counsel proper where prior adjournment granted and broker fails to adequately explain when and how he expected to obtain counsel; no prejudice to broker in denying requests for adjournment to obtain counsel where case was entirely documentary and broker granted time to retain counsel to submit post hearing legal argument; New Jersey decision to revoke broker’s license properly authenticated upon ample opportunity to review and read document and broker acknowledged it was authentic; broker collaterally estopped from disputing findings in New Jersey determination where he was afforded full and fair opportunity to litigate charges; broker lied on New Jersey application, cheated on New Jersey licensing examination and failed to supervise New Jersey office; license revoked

141 DOS 99 Matter of DOS v. Swift - adjournment; DOS offers only evidence admitted; adjournment request denied after two prior adjournments granted; DOS, in determining fitness for licensure, may consider knowledgeable violations of law by and conduct of a licensee in capacities or in fields both related and unrelated to licensed activities; Supreme Court judgment has res judicata effect of the judgment and application of the doctrine of collateral estoppel; Martin Act violations occurred in area of public concern and relate to status as real estate broker; license revoked

863 DOS 05 DOS v. Goberdhan – disclosure of agency relationships; deposits; adjournments; proper business practices; failure to cooperate with DOS investigation; vicarious liability; broker’s request for an adjournment denied where broker appeared at hearing without counsel and for the first time requested an adjournment to obtain counsel; failure to make more timely request was nothing less than dilatory; corporate broker dissolved by proclamation due to nonpayment of taxes; broker failed to provide agency disclosure form to prospective buyer; broker failed to deal honestly with prospective buyer where broker introduced buyer to real property without disclosing that property was subject to foreclosure, had buyer make a deposit on the property without being able to inspect the interior and without knowing what the purchase price would be, told buyer that their money would be placed in an escrow account when no such account existed and by misleading buyer as to the need to have an attorney in the transaction; broker retained $20,000.00 cash deposit without depositing in an escrow account, broker having no such account; broker made numerous misstatements of fact to DOS’s investigator; broker failed to protect the interests of his client, the buyer, by failing to deposit $20,000.00 cash deposit in an escrow or by giving the money to the seller under circumstances in which the interests of the buyer were not properly protected; individual and corporate brokers’ licenses suspended for six months and additionally suspended until such time as broker provides proof of refunding the sum of $20,000.00 plus interest to buyer and corporate broker paying all franchise taxes and penalties due and being reinstated.

135 DOS 07 DOS v. Kaleck- broker misconduct, untimely request for adjournment (19 NYCRR §400.11); false advertising of Century 21 Franchisee; after injunction; misrepresentation; refused to release principal from listing agreement; failure to keep appointment and misstated that home off the market; suit for unearned commission; failure to cooperate in investigation; failure to pay judgment without proof of inability to do so; predatory conduct; revocation

238 DOS 07 DOS v. 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”)

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

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