3. Alford Plea; Nolo Contendere

134 DOS 96, Matter of DOS v. Plantone - Guilty plea to charges of arson and conspiracy to commit arson conclusive of whether licensee did, in fact, engage in such activities even though guilty plea was an “Alford” plea (pleading to a lesser charge without admission of guilt) where no evidence that licensee did not have full and fair opportunity to contest the charges; Correction Law Article 23-A inapplicable as it applies only to application for licensure and not disciplinary proceedings; Certificate of Relief from Disabilities does not deprive DOS of its discretion in considering effect to give to convictions; underlying motive for arson germane to the issue of trustworthiness; salesperson’s license revoked

CRC #95-0248, 95-0356, 94-0087 Matter of DOS v. Sullivan, Consent Order - proper business practices; licensee pleads nolo contendere to conducting two separate regulated real estate transactions under an unlicensed name; $1,000.00

CRC #97-1835, 97-2311, 97-1720 Matter of DOS v. Borzillieri, Consent Order - licensee consents to surrender of license without right to renew for one year without admission of charges and without specification of offense(s) for which revocation is imposed

CRC #97-2741, 97-2742 Matter of DOS v. Greenblatt, Consent Order - licensees plead nolo contendere to failure to act in the best interests of their principal, retaining unearned commissions, splitting commissions with an unlicensed person, and failure to act in good faith in dealing with purchasers; $5,000.00 fine and restitution; attend and complete five hour course on broker’s responsibility to manage, administer and supervise an office; respondent directed to ensure individuals do not participate in ownership, operation or activities of real estate brokerage

CRC #97-3028 Matter of DOS v. Abrams, Consent Order - licensee pleads nolo contendere to altering the commencement date of a listing agreement, causing her principal’s name to be signed to a second listing agreement, and submitting improperly executed and altered listing agreements to the MLS; $1,000.00 fine and completion of three hour course on execution of legal instruments and documents

CRC #97-3303 Matter of DOS v. Castelli, Consent Order - licensee pleads nolo contendere to acting as an undisclosed principal in purchasing property from his principal; $1,000.00 fine, restitution of $4,200.00 plus interest

CRC #98-2299 Matter of DOS v. Hecht, Consent Order - licensee pleads nolo contendere to employing an unlicensed individual in a regulated real estate transaction; $1,000.00 fine, restitution of $500.00 plus interest

CRC #98-2970, 98-3052, 98-3393, 98-3495 Matter of DOS v. Decrescito, Consent Order - licensees plead nolo contendere to engaging in the business of apartment information vendor; ordered to cease and desist; restitution of $475.00 plus interest

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Fourth quarter Legal Lines now available

The fourth quarter 2019 edition of NYSAR’s Legal Lines is now available online at This edition covers new DOS proposed regulations, emotional support animals in housing, Landlord discrimination and more. Learn more