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25. Interests of Justice

38 DOS 94 Matter of DOS v. Scala - application to reopen hearing requires showing of meritorious defense; here affidavit filed established conduct of business under unlicensed trade names and does not show defense to use of unlicensed address; improper use of trade name prior to licensure; improper use of unlicensed address on listing agreements; uncharged misconduct of operating unlicensed corporation not considered; late affidavit considered "in the interests of justice"

____ DOS ___ DOS v. Coldwell Banker John Liberty Real Estate - interests of justice; interim order suspending license pending completion of hearing; broker appeared at hearing without his attorney who faxed the Tribunal on the day of the hearing that he could not be present because of a commitment in bankruptcy court; Tribunal could not rule upon request for adjournment in the absence of DOS counsel; interim suspension ordered in the interest of justice where broker sued seller and purchaser for commission and punitive damages and has not discontinued said lawsuit in contravention of prior Consent Order wherein broker agreed to waive any claim and/or right to commission or punitive damages against the seller and purchaser; broker’s license suspended pending hearing and determination of the matter

146 DOS 06 DOS v. Razik- re-opening; cease and desist; matter re-opened in the interest of justice upon broker’s request; although notice had been properly served, there was no evidence that the original notice of hearing had been delivered; broker previously paid fines in settlement of two previous cease and desist violations; broker posts the cease and desist list on his computer server, holds regular staff meetings to emphasize the need to use the list to avoid improper solicitation, and previously dismissed a salesperson who failed to take the obligation seriously; salesperson sent three mailings to a home on the cease and desist list; representative broker may be held liable for the violations but may only be fined for those violations and his license cannot be suspended or revoked without a showing that he knew of the violations at the time of their occurrence or that he profited from them; no valid purpose would be served by penalizing broker for improper solicitations by his salesperson where broker has taken all reasonable steps to assure that salespersons abide by the law; complaint vacated

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

94 DOS 07 Matter of Singur- broker, reopening of hearing regarding license renewal in interests of justice; prior misconduct- 3 year suspension as attorney due to escrow account violations, acknowledgement of responsibility, credibility and character references; renewal granted

239 DOS 07 Matter ofNickerson- 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

389 DOS 07 Matter of Jenkins- salesperson renewal; failure to complete continuing education; testimony that licensee was unaware is not credible; personal difficulties not an excuse; 4 months suspension

746 DOS 07 Matter of Rossi- order vacating revocation of broker license and notary public commission in interests of justice; default due to being out of the country; no DOS objection to reinstatement

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

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

1362 DOS 07 Matter of Noble- Salesperson; renewal applicant; convicted of Grand Larceny 2nd degree (C Felony); direct relationship; Certificate of Relief From Disabilities; prior license as salesperson with support of broker for relicensure; no unreasonable risk; application granted

1651 DOS 07 Matter of Scalzo- appraiser assistant; failure to complete continuing education; personal, family hardship; suspension until provides proof of completion

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First quarter Legal Lines now available

The first quarter 2018 edition of NYSAR’s Legal Lines is now available online at NYSAR.com. This edition covers commission issues, a New York State Supreme Court ruling on unsigned letters not creating a contract, support animals and more. Learn more

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