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39. Service of Process

22 DOS 94 Matter of DOS v. Leggio - improper service by mail on former, rather than last known business address; charge of acting as salesperson when not associated with a broker dismissed without prejudice

27 DOS 94 Matter of DOS v. Rivera - improper service by mail at last known business address where DOS records showed neither respondent was currently licensed and DOS records did contain respondents' residence addresses; due process here requires more than RPL §441-e(2); charges of unlicensed activity dismissed without prejudice

24 DOS 95 Matter of Seplow - disciplinary charge jurisdiction where licensee's renewal has been previously denied; proof of service of process; agency relationship and duties; fraud in sale of cooperative apartment, including false information about particular sale and willful non-disclosure of material information; failure to obey buyer's obvious intent to have deposit treated as funds to be held in escrow as payments to seller; conversion; rules applicable to supplemental pleadings - absent surprise or prejudice, motion to file and serve could be granted on day of hearing, but here respondent doesn't appear, so supplemental complaint dismissed without prejudice; DOS fails its burden of proof as to extortion and retention of unlawful commission and unauthorized practice of law; when respondent became optionee to purchase subject matter, agency relationship ceased to exist; fiduciary duty precludes respondent from acting simultaneously as agent and principal in a transaction; restitution of $35,000 deposit plus interest at legal rate for judgments

512 DOS 06 DOS v. Porretta- proof of qualifying experience; service of process; complaint alleges that applicant failed to provide proof that she fulfilled the continuing education requirements and that she falsely indicated on her license renewal application that she had fulfilled the requirements; DOS must first notify the licensee of the charges by certified mail addressed to his or her last known business address; DOS notice of hearing was addressed to an old business address and was not received by the applicant; complaint dismissed

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

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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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