31. Notice of Proceedings

136 DOS 92 Matter of DOS v. Sreed - service by mail authorized under CPLR 2103(c); applicant must overcome presumption of proper mailing and receipt

123 DOS 92 Matter of DOS v. Lopez - charges dismissed as to a respondent who was not served with the notice of hearing

111 DOS 93 Matter of DOS v. Leclerc - return receipt adequate proof of notice; failure to appear at hearing plus passage of 35 days - decision to deny application for lack of proof of trustworthiness to be salesperson

113 DOS 93 Matter of DOS v. Ebanks - return receipt adequate proof of notice of hearing both as originally scheduled and as adjourned; sponsoring broker's affidavit reveals he allowed an unlicensed individual to engage in activities requiring a license

34 DOS 94 Matter of DOS v. Russell - failure of applicant to appear at hearing to challenge proposed denial; applicant deemed to have withdrawn request for hearing; decision is final

97 DOS 94 Matter of DOS v. Swift - presumption of delivery of mailed notice; DOS has burden of proof; evidence of check returned for insufficient funds is not presumptive evidence of insufficiency of funds at time of issuance of check, which is material element of offense of issuing a bad check; proof that representative broker issued check for commission on account of unlicensed entity and that it was twice dishonored for insufficient funds does notconstitute substantial evidence of untrustworthiness or incompetence; no vicarious liability where failure to prove representative broker acted wrongfully

1023 DOS 06 Matter of Tesoriero – continuing education, failure to cooperate, failure to appear, dismissal without prejudice as notice of hearing sent to inaccurate and incomplete business address and not received by respondent

1019 DOS 08 Matter of Casanova – broker; failure to provide RPL 443 agency disclosure (pleadings conformed to the proof); selling broker not responsible for providing copy of listing agreement 175.7; dismissal of charge of receipt of commission in excess of agreed commission under claim of oral modification; dismissal of charge of improper commission from unlicensed party RPL 441; unlicensed salesperson; forfeiture of commission; suspension; fine of $500; broker 4-month suspension and refund of $6,420 with 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