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6. Automatic Revocation Upon Felony Conviction

3 DOS 93 Matter of Evans - conviction of felony in automatic revocation; pendency of appeal irrelevant

236 DOS 98 Matter of DOS v. Galvez -- material misstatement on application; automatic revocation upon felony conviction; applicant made material misstatement on application by indicating he had not been convicted of any criminal offenses when he had been convicted of a felony and a misdemeanor; applicant has not been granted an executive pardon, a certificate of relief from disabilities, or a certificate of good conduct; real estate broker’s license revoked

12 DOS 99 Matter of DOS v. Yasrebi - automatic revocation upon felony conviction; failure to appear at hearing; jurisdiction; ex parte hearing permissible upon proof of proper service; DOS retains jurisdiction over respondent where license has expired but disqualifying acts occurred while respondent was entitled to renewal of license during two year renewal period; conviction of federal felony bars respondent from holding a license as a real estate salesperson; salesperson’s license revoked

13 DOS 99 Matter of DOS v. Shahkohi - automatic revocation upon felony conviction; failure to appear at hearing; jurisdiction; ex parte hearing permissible upon proof of proper service; DOS retains jurisdiction over respondent where license has expired but disqualifying acts occurred while respondent was entitled to renewal of license during two year renewal period; conviction of federal felony bars respondent from holding a license as a real estate salesperson; salesperson’s license revoked

23 DOS 99 Matter of DOS v. Baratian - automatic revocation upon felony conviction; failure to appear at hearing; jurisdiction; prior misconduct; ex parte hearing may proceed upon proof of proper service; DOS retains jurisdiction where respondent is eligible to automatically apply to renew license; felony conviction without executive pardon, Certificate of Good Conduct or Certificate of Relief from Disabilities is statutory bar to licensure; salesperson’s license revoked

24 DOS 99 Matter of DOS v. Eliyahv - automatic revocation upon felony conviction; failure to appear at hearing; jurisdiction; prior misconduct; ex parte hearing may proceed upon proof of proper service; DOS retains jurisdiction where respondent is eligible to automatically apply to renew license; felony conviction without executive pardon, Certificate of Good Conduct or Certificate of Relief from January 29, 2010 Disabilities is statutory bar to licensure; salesperson’s license revoked

488 DOS 00 Wandoloski v. DOS - prior misconduct; applicant convicted of federal felony (use of mails to defraud); to remove the disabilities of a federal felony conviction, an applicant for renewal must obtain a certificate of relief from disabilities, a certificate of good conduct or an executive pardon; failure to obtain such relief constitutes statutory bar from licensure; decision to deny application for renewal confirmed

645 DOS 00 Matter of DOS v. Harris - failure to appear at hearing; prior misconduct; ex parte hearing may proceed upon proof of proper service; statutory bar to licensure upon conviction of a felony without subsequently receiving an executive pardon, certificate of good conduct or certificate of relief from disabilities; license may be revoked upon material misstatement in application; salesperson’s license revoked

700 DOS 00 Matter of DOS v. Poitevien - failure to appear at hearing; prior misconduct; ex parte hearing may proceed upon proof of proper service; federal felony conviction is a bar to licensure as a real estate salesperson in the absence of receiving an executive pardon, certificate of relief from disabilities or a certificate of good conduct; real estate salesperson’s license revoked

623 DOS 00 Matter of DOS v. Kamruzzaman - automatic revocation upon felony conviction; failure to appear at hearing; ex parte hearing may proceed upon proof of proper service; federal felony conviction is automatic bar from holding license as a real estate salesperson; no proof presented that licensee was granted an Executive Pardon, a Certificate of Relief from Disabilities or a Certificate of Good Conduct; salesperson’s license revoked

4 DOS 01 DOS v. Qiao - automatic revocation upon felony conviction; felony conviction of mail fraud and conspiracy to commit mail fraud without proof of obtaining an Executive Pardon, a Certificate of Good Conduct or a Certificate of Relief from Disabilities is a statutory bar to licensure; broker’s license revoked

213 DOS 05 DOS v. Jennemann - automatic revocation upon felony conviction; prior misconduct; broker convicted of a disqualifying criminal offense - class C felony, manslaughter 2nd degree; broker has not obtained an executive pardon, a certificate of good conduct or a certificate of relief from disabilities; broker statutorily barred from being licensed as a real estate broker; real estate broker’s licensed revoked

23 DOS 06 DOS v. Hernandez – prior misconduct; automatic revocation upon felony conviction; material misstatement on application; failure to appear at hearing; ex parte hearing may proceed upon proof of proper service; salesperson pled guilty to felony charges of conspiracy to launder money and conspiracy to distribute cocaine; salesperson stated on on-line application for renewal of her license that she had not been convicted of a crime; no evidence presented to show salesperson was granted an Executive Pardon, Certificate of Good Conduct or Certificate of Relief from Disabilities; salesperson’s license revoked.

2000 DOS 07 Matter of Trojanowski- broker; theft (felony) (credit card scheme); Certificate of Relief from Disabilities; failure to pay restitution; applicant determined not to be credible; license revoked

2136 DOS 07 Matter of Cherry- broker; felony charges pending under indictment (fraud and larceny); license granted without prejudice to revocation proceeding if convicted

2138 DOS 07 Matter of Kersaint- salesperson; felony conviction (burglary and stolen credit cards); material misstatement; RPL §44-a; §441-c; certificate of good conduct; revocation

427 DOS 08 Matter of Santer – broker felony conviction; no certificate of good conduct or relief from disabilities; revocation

144 DOS 09 Matter of Khan – salesperson renewal; felony; no certificate of relief; RPL §440 prohibition

415 DOS 09 Matter of Pinkney – associate broker; prior conviction; false statement; D felony; RPL §440-a disqualification; revocation

618 DOS 09 Matter of Robinson – criminal conviction; false statement on application; revocation

651 DOS 09 Matter of Olayinka—criminal conviction; failure to cooperate with DOS; failure to accept responsibility; license denied

785 DOS 09 Matter of Peixoto – felony; fraudulent scheme; revocation

107 DOS 09 Matter of Villagomez – federal felony; revocation per RPL 441-c

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Third quarter Legal Lines now available

The third quarter 2018 edition of NYSAR’s Legal Lines is now available online at NYSAR.com. This edition covers what a broker's agent actually is, the legal issues related to social media use, conditional approval for financing is not a mortgage commitment and more. Learn more

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