29. Modification of penalties

28 DOS 91 Matter of DOS v. Century 21 Janes Real Estate -modified penalty per settlement

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

977 DOS 06 DOS v. Assaf- cease and desist, prior violation consent order; decline offer of another consent order; inadvertent violation and expression of regret, imposition of a fine is not appropriate

978 DOS 06 DOS v. Licht- cease and desist; failure to go forward with consent order; inadvertent violation and expression of regret; imposition of a fine is not appropriate

979 DOS 06 DOS v. Total Realty of Westchester- failure to comply with consent order, failure to timely post bond or undertaking; failure to satisfy judgment, respondent provided with three (3) months to arrange for release of funds deposited with court or make direct payment of judgment or license will be suspended

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

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

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

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

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

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

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

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

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

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

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

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

1410 DOS 08 Matter of Roberts – broker; continuing education; failure to timely complete CLE; wrongfully licensed one month; illness and inability to pay fine; sole support of family; reprimand

866 DOS 09 Matter of Rosales – salesperson; CE; $2,000 fine sought by DOS excessive; $500 fine

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Second quarter Legal Lines now available

The second quarter 2019 edition of NYSAR’s Legal Lines is now available online at This edition covers who needs to sign a listing agreement, the issue of websites and accessibility for individuals protected under the Americans with Disabilities Act, a broker was not found liable for fraud to to a disclaimer in the purchase contract and more. Learn more