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2. Prior Misconduct

Corrections Law, Art. 23-A deals with ex-offenders

80 DOS 92 Matter of DOS v. Bersani - involvement in extortion and kickbacks; absence of subsequent fiduciary relationships; balancing of factors

140 DOS 92 Matter of Apostle - attorney suspended for practice of law is denied the renewal of his broker's license

141 DOS 92 Matter of Bernier - illegal activities (unlicensed activity as real estate broker, apartment information vendor, mortgage broker and insurance broker under "power of attorney" or as "finder") may be considered in determining trustworthiness

148 DOS 92 Matter of LeClerc - despite certificate of relief from civil disabilities (creating presumption of rehabilitation) recent (2 yr. old) conviction of filing false insurance claim not sufficiently "attenuated"; reconsider after a longer period of conduct in some fiduciary capacity

162 DOS 92 Matter of Fogel - plea to sexual misconduct with 14 year old; lack of probation officer recommendation of licensure; lack of certificate of relief from disabilities (therefore no presumption of rehabilitation)

3 DOS 93 Matter of Evans - conviction of felony results in automatic revocation; pending appeal irrelevant; to be licensed, felon must secure certificate of good conduct, certificate of relief from disabilities or pardon

9 DOS 93 Matter of Pinkney - 9 yr. old events of fraud (kickback/bribe conviction); 4 years since release from prison (2 ½ yrs.); certificate of relief from disabilities, "expression under oath of remorse and request for an opportunity to work and live with dignity appear to be sincere"; such factors sufficiently attenuate the risk - salesperson license and notary public commission granted

33 DOS 93 Matter of DOS v. Brown - 14 year old events of statutory rape, certificate of relief from disabilities; licensure in California

36 DOS 93 Matter of DOS v. Blum-Blakely - 9 year old event of grand larceny in connection with real estate business, no restitution made

78 DOS 93 Matter of Larsen - revocation of insurance broker license (for failure to remit premium); considered as untrustworthiness

116 DOS 93 Matter of DOS v. Urciuoli - RPL §440-a bars felon from obtaining salesperson license unless he/she secures (a) executive pardon, (b) parole board "certificate of good conduct" or (c) certificate of relief from disabilities

118 DOS 93 Matter of DOS v. Weis - convicted felon with certificate of relief from disabilities fails to appear at hearing - after 35 days decision to deny is final

128 DOS 93 Matter of DOS v. Vuksanaj - motion to conform pleadings to proof granted where (i) additional evidence wouldn't have been presented if the charge had been stated in the complaint and (ii) issue was actually litigated and was within the "broad framework of the pleadings"; broker's authorization to execute lease on behalf of landlord must be in writing to be valid (G.O.L. §5-703); no commission earned on void lease (due to lack of written authority for broker to sign for landlord); broker is undisclosed "double agent" - thus "fails to make clear" for which party he is acting (175.7); broker is not "managing agent" under NYC Rent Stabilization Code unless (i) broker has ownership or financial interest in property or (ii) performs managerial duties; separate escrow account (§175.1) not required when broker is not holding escrowed funds; holding funds overnight does not trigger requirement for escrow account (returned next day upon demand); unlicensed name used in commission agreement but lack of intent to mislead considered in mitigation; restitution of unearned commission

139 DOS 93 Matter of DOS v. Ronning - upon felony cocaine conviction, applicant lost license as broker, notary public and attorney; certificate of relief from disabilities and testimonial letters from parole officers and brokers; absence of "direct relationship" where no invasion of escrow funds and continuation on parole supports issuance of broker's license

140 DOS 93 Matter of DOS v. Story - convicted felon who had not obtained a certificate of relief from civil disabilities is automatically disqualified from being a licensed salesperson

148 DOS 93 Matter of DOS v. Swygert - 12-year old felony conviction for fraudulent misuse of food stamps; certificate of relief from disabilities; no unreasonable risk

10 DOS 94 Matter of DOS v. Matematico - absent a pardon, certificate of relief from disabilities or a certificate of good conduct, RPL §440-a precludes licensure of a convicted felon

15 DOS 94 Matter of DOS v. Horn - suspended attorney falsely states his attorney license not suspended on application to renew broker's license; broker and notary public licenses revoked; although license had expired prior to hearing, the right to renew and application for renewal afforded DOS jurisdiction

35 DOS 94 Matter of DOS v. Mintz - denial of license application due to previous revocation of license as insurance broker; applicant fails to appear at hearing and more than 35 days lapses since advised of proposed denial

46 DOS 94 Matter of DOS v. Medina – applicant proves requisite experience for licensure as broker; DOS fails to prove untrustworthiness; omission of answer to question on application was explained and is not by itself sufficient evidence of untrustworthiness

54 DOS 94 Matter of DOS v. Ramoutar - prior conviction of intent to forge credit cards with unauthorized credit information is overcome by seven-year record of productive and law abiding conduct

20 DOS 95 Matter of Padilla - sufficient attenuation of crime of rape third degree to be licensed salesperson where obtained certificate of relief from civil disabilities

19 DOS 95 Matter of Friedman – certificate of relief from disabilities compared to certificate of good conduct; sufficient attenuation of crime of grand larceny third degree to be licensed as real estate broker where obtained certificate of relief from disabilities; cannot be licensed as notary public without certificate of good conduct

42 DOS 95 Matter of Hayes - applicant who was previously licensed fails to prove trustworthiness; convicted for sexual abuse, second degree (contact with a minor); material misstatement in application for license; evidence of character must establish reputation; no conditional license for commercial property only; unfavorable inference drawn from failure to call witnesses with knowledge about a material issue

59 DOS 95 Matter of Intrator - prior misconduct; direct relationship between rape conviction and license as salesperson; relationship sufficiently attenuated, license granted

68 DOS 95 Matter of Simon - failure to pay judgment without showing inability to pay demonstrates untrustworthiness; three prior disciplinary hearings establishes recidivism; license denied

129 DOS 95 Matter of Ford - statutory bar to licensure as a real estate broker due to conviction of felony and who has not subsequently received an executive pardon, a certificate of relief from disability, or a certificate of good conduct; pending appeal of conviction and stay of execution of sentence does not negate statutory bar; bar to licensure is not subject to provisions of Correction Law, Article 23-A regarding licensure of persons previously convicted of criminal offenses

125 DOS 95 Matter of Kabat - broker's license granted to attorney suspended from practice of law; bar suspension did not result from untrustworthiness and applicant worked for ten years as licensed salesperson without any complaints filed against him; granting license to applicant does not pose unreasonable risk to property or safety of public

136 DOS 95 Matter of Dominguez - illegal activities; licensing qualifications; negotiation of real estate transactions by applicant for licensure as an associate broker when not legally associated with licensed broker or when not licensed as salesperson are illegal and such activity is not considered or credited as qualifying experience for licensure; application for licensure as associate broker denied

142 DOS 95 Matter of Ifill - license application; prior felony conviction; "direct relationship" between conviction for grand larceny scheme to defraud and acting as real estate broker without a license and a license as a real estate salesperson; direct relationship "sufficiently attenuated" where last conviction over 9 years ago, applicant operated small businesses including real estate, positive community activity, no evidence of further unlawful activity; license as real estate salesperson granted

159 DOS 95 Matter of Carpio - license application; prior revocation; condition of prior license revocation as prerequisite to present application modified where compliance no longer possible and would, without modification, effectively vitiate RPL §441-c(4) allowing for possibility of relicensing after one year from revocation; broker required to pay refund of commission to DOS where broker failed to locate sellers and likelihood of locating sellers remote; DOS directed to attempt to return commission to seller and hold until funds are paid to the abandoned property fund; application for license granted upon payment of refund to DOS, completion of ninety hour course and passing licensing exam

CRC #95-0668, Matter of DOS v. Okeowo - Consent Order - salesperson made material misstatement in application for real estate salesperson’s license; felony conviction; immediate surrender of license, reapplication for license as a salesperson prohibited for 6 months and must provide Certificate of Relief from Disabilities upon reapplication for said conviction

268 DOS 96, Matter of Feliciano - renewal of license; DOS may require applicant for renewal of broker’s license to establish trustworthiness and competence; revocation of applicant’s license as an insurance broker for commingling and mismanaging funds reflects directly on trustworthiness and competence; insurance department’s findings areres judicata and may not be collaterally attacked; non-renewal is not to penalize the broker but rather to protect the public; application for renewal denied

CRC # 95-0464, Matter of Butin - Consent Order - material misstatement on application; applicant unintentionally fails to disclose on application federal conviction which would constitute a misdemeanor in New York; $750.00 fine

263 DOS 96 Jiffo v. DOS - application for renewal of broker’s license granted after felony conviction; applicant met burden of proof to establish trustworthiness and competence, even though direct relationship existed between felony conviction and licensed activity (the submission of mortgage loan applications containing false or fraudulent statements and representations), where: sufficient time elapsed (5 yrs.) to evaluate rehabilitation and conduct during said time was exemplary, applicant’s testimony was credible, Certificate of Relief from Disabilities granted which supports rehabilitation, and conditions of parole make consequences of a breach of law by applicant ominous; essential test is what probable future risk is involved in granting license

280 DOS 96 Mak v. DOS - felony conviction is an automatic bar to licensure as real estate salesperson unless applicant obtains a Certificate of Relief from Disabilities, Certificate of Good Conduct or Executive Pardon; parole officer’s letters are not functional equivalent of Certificate of Relief from Disabilities or Certificate of Good Conduct; denial of application confirmed

282 DOS 96 Matter of Herman - before denying an application for licensure, DLS must give applicant written notice of the reason for the proposed denial in sufficient detail to allow for challenge of the denial; where reason given for denial was applicant was convicted of a felony and had not submitted a Certificate of Relief from Disabilities, a Certificate of Good Conduct or an Executive Pardon, subsequent submission by applicant of Certificate of Relief from Disabilities entitles applicant to license; DLS’ failure to advise applicant that DLS could, in its discretion, deny application in spite of providing Certificate of Relief from Disabilities estops DLS from later denying application after Certificate provided; application for renewal of salesperson’s license granted

289 DOS 96 Tabone v. DOS - application to renew broker’s license granted; applicant convicted of criminal conduct; even though direct relationship existed between conviction and duties of broker (scheme to defraud in accepting gifts) and applicant was of mature age, applicant met burden of providing trustworthiness and competency where sufficient time elapsed to evaluate rehabilitation (4 yrs.), applicant’s testimony was credible, and post conviction history was exemplary, sufficiently attenuating risk

CRC #96-1253, Matter of DOS v. Barasch - Consent Order - licensee pled guilty to a violation of disorderly conduct; $1,000 fine

24 DOS 97 Matter of Wandoloski - license renewal; felony plea; disclosure of witnesses and documentary evidence; plea of guilty to Federal felony with no equivalent New York crime fails to provide jurisdiction to deny application solely because of conviction; applicant has not been convicted within meaning of RPL §440-a where he has pled guilty to a crime but has not yet been sentenced; where proper, unchallenged demand is made for discovery is not complied with, the hearing tribunal may, and often should, refuse to allow into evidence documents which have not been produced

63 DOS 97 Jordano v. DOS - prior misconduct; application for licensure as a real estate salesperson statutorily banned under RPL§440-a where applicant has been convicted of a felony and has not obtained a certificate of relief from disabilities or a certificate of good conduct; application denial confirmed

174 DOS 97 Matter of Katalenas - prior misconduct; there is a direct relationship between the crimes of sexual abuse and public lewdness and a license as a real estate salesperson; application for license granted where applicant established that relationship between his convictions and license has been sufficiently attenuated based upon length of time elapsed between conviction and application, stability of employment, civic activities, results of psychological evaluations, age of the applicant and the seriousness of the offense

210 DOS 97 Matter of Bentkowski - prior misconduct; direct relationship between crimes of criminal possession of stolen property and unauthorized use of a vehicle and licensure as a real estate salesperson; risk to public sufficiently attenuated where a year has elapsed since last criminal offense and applicant submitted positive relevant reputation evidence establishing successful rehabilitation

215 DOS 97 Matter of Piche - prior misconduct; there is a direct relationship between a conviction for attempted criminal possession of a forged instrument and licensure has a real estate broker; issuance of a certificate of relief from disabilities is only one factor to be considered; only three years have passed since the conviction; applicant fails to establish he has been fully rehabilitated; application for license as a real estate broker denied


219 DOS 97 Matter of Encarnacion - prior misconduct; where DOS argues only that applicant is statutorily barred from being licensed as a real estate salesperson because he is a convicted felon and applicant provides certificate of relief from disabilities at hearing, such submission nullifies DOS’s only objection to applicant’s licensure; real estate salesperson’s license granted

255 DOS 97 Matter of Sanchez - prior misconduct; a person who has been convicted of a felony and who has not, subsequent to such conviction, received an executive pardon, certificate of good conduct or certificate of relief from disabilities may not be licensed as a real estate sales person (RPL §440-a; application for license as a sales person denied)

265 DOS 97 Matter of Aguilar - prior misconduct; no direct relationship between a conviction for assault arising out of bar fight and license as a real estate salesperson; no unreasonable risk to the safety and welfare of the public; application for license as a real estate salesperson granted

290 DOS 97 Matter of DOS v. Balram - proof of qualifying experience; material misstatement on application; failure to cooperate with DOS investigation; RPL §441(3)(a) applies to all renewal applications for a real estate license for any license period commencing November 1, 1995 and thereafter; falsely stating in an application to renew a salesperson’s license that the continuing education requirement has been completed is a material misstatement; applicant’s affirmation on renewal application establishes intent to mislead DOS; DOS fails to prove that licensee had actual or implied knowledge of DOS’s requests for information and fails to establish violation of RPL §442-e(5); licensee failed to timely comply with the real estate salesperson’s continuing education requirement; two months license suspension

CRC #96-2655 Matter of DOS v. Freedman, Consent Order - agreement for renewal of broker’s license after DOS proposed to deny said application based upon the broker having been convicted of a misdemeanor offense; broker to comply with prior agreement with HUD

CRC #98-1086 Matter of DOS v. Clarke, Consent Order - licensed broker convicted of felony; receives certificate of relief from disabilities; surrender of broker license and issuance of salesperson’s license; prohibition from submitting application for a real estate broker’s license except upon written notice to DOS litigation counsel

335 DOS 97 Vayntraub v. DOS - prior misconduct; conviction by guilty plea of endangering the welfare of children, 3rd degree in New Jersey is comparable to a Class A misdemeanor in New York; denial of application for licensure based on criminal offense requires either (i) direct relationship between one or more of the previous criminal offenses and the specific license or (ii) issuance of the license would involve an unreasonable risk to property or to the safety or welfare of specific individuals or the general public; direct relationship exists between the criminal offense of endangering the welfare of children and the duties of a real estate broker, however, applicant establishes sufficient attenuation of risk where proves rehabilitation, testimony is credible, post-conviction history is exemplary; application for renewal of real estate broker’s license granted

337 DOS 97 Matter of Horsford - prior misconduct; automatic revocation upon felony conviction; applicant convicted of bribery, a felony, fails to establish he has received a certificate of good conduct, certificate of relief from disabilities or an executive pardon; application for license as a real estate salesperson is denied

340 DOS 97 Matter of Nocera - prior misconduct; due process; automatic revocation upon felony conviction; applicant was convicted of Class D felony and subsequently granted certificate of relief from disabilities; applicant requested a hearing after notice of proposed denial of application; ex parte hearing is permissible upon proof of proper notice of hearing; applicant has the burden of proof to establish he is qualified to be licensed as a real estate salesperson; applicant is deemed to have withdrawn her request for hearing when after timely and proper notice of hearing she fails to appear; decision to deny application is final where more than 35 days have elapsed since applicant advised of proposed denial

344 DOS 97 Matter of DOS v. Skarvelis - prior misconduct; automatic revocation upon felony conviction; a license as a real estate broker may not be held by a person who has been convicted of a felony, and who has not subsequently received an executive pardon, a certificate of relief from disabilities or a certificate of good conduct; statutory bar renders questions of untrustworthiness and/or incompetence moot; real estate broker’s license revoked

44 DOS 98 Matter of DOS v. Skarvelis - prior misconduct; automatic revocation upon felony conviction; licensee’s plea of guilty to felony bars licensure as a real estate salesperson in the absence of proof of receipt of an executive pardon, certificate of relief from disabilities or certificate of good conduct; real estate salesperson’s license revoked

95 DOS 98 Matter of Kaye - applicant is not statutorily barred from being licensed as a real estate broker where subsequent to a felony conviction, the applicant obtained a certificate of relief from disabilities; application for broker’s license is granted

98 DOS 98 Matter of Velaoras - prior misconduct; applicant has burden to establish entitlement to licensure as a real estate salesperson; DOS may not deny a license to an applicant solely based on prior criminal conviction unless there is (i) a direct relationship between criminal offense and a license as a real estate salesperson or (ii) where the license would involve an unreasonable risk to persons or property; there is a direct relationship between the crime of attempted sex abuse and a license as a real estate salesperson; applicant has sufficiently attenuated the direct relationship between his conviction and proposed license by reasons of receiving a certificate of relief from disabilities, his young age at the time of the offense (20 years), over five years have passed since commission of the offense, his successful and continuing pursuit of higher education (having received a bachelor’s degree and working towards a master’s degree) and his satisfactory post-conviction employment history; license as a real estate salesperson is granted

106 DOS 98 Matter of DOS v. Malerba - prior misconduct; licensee plead guilty to wire fraud, a Class D federal felony, equivalent to grand larceny in the 2nd degree, a Class C state felony; felony conviction is a statutory bar to licensure in the absence of proof that licensee has received an executive pardon, a certificate of relief from disabilities or a certificate of good conduct; statutory bar renders questions of untrustworthiness and/or incompetence moot; real estate salesperson’s license is revoked

183 DOS 98 Matter of DOS v. Owolodun -- due process; prior misconduct; proof of qualifying experience; ex partehearing may proceed upon evidence of proper service; statutory bar from holding license as a real estate salesperson where licensee convicted of a crime which is the equivalent of a felony under New York law and where licensee has not subsequently received an executive pardon, a certificate of relief from disabilities, or a certificate of good conduct; salesperson’s license revoked

200 DOS 98 Matter of DOS v. Vandewater -- material misstatement on application; prior misconduct; applicant made material misstatement on application when indicated that she had not been convicted of a crime or offense when she had been convicted of a misdemeanor; unlawful conduct committed while employed as a real estate salesperson; 3-month duration since last conviction insufficient to reasonably assess rehabilitation; salesperson’s license revoked

228 DOS 98 Matter of DOS v. Washington -- prior misconduct; direct relationship exists between essential elements inherent in nature of grand larceny 3rd degree and essential duties and responsibilities of a licensed real estate broker; crime involved property of a principal in a real estate transaction; breach of fiduciary trust owed to principals in a real estate transaction; DOS decision to deny application for licensure as a real estate broker confirmed

238 DOS 98 Matter of Canino -- failure to appear at hearing; prior misconduct; ex parte hearing may proceed upon proof of proper service; application for broker’s license denied where applicant plead guilty to felony charge and no proof that applicant obtained a certificate of relief from disabilities, a certificate of good conduct or an executive pardon or that the records of the conviction had been sealed, or that the conviction has been set aside

239 DOS 98 Matter of Williams -- prior misconduct; direct relationship exists between essential elements of felony of sexual abuse and essential duties and responsibilities of a licensed real estate salesperson, a fiduciary agent under the law brought by his or her entering into a relationship with trust and confidence; applicant obtained certificate of relief from disabilities; risk to public has been sufficiently attenuated where 6 years have elapsed since last occurrence of criminal offense and credible reputation evidence submitted from people in a position to have knowledge of applicant’s character; salesperson’s license granted

261 DOS 98 Matter of Broderson -- prior misconduct; direct relationship exists between essential elements of felony convictions for major fraud against the United States, wire fraud and providing a false statement and the fundamental duties of a real estate broker or salesperson; although 9 years elapsed since commission of crimes and applicant received a certificate of relief from disabilities, convictions are serious and crimes involve extreme acts of dishonesty; applicant fails to establish that risk to the safety and welfare of the public is sufficiently attenuated; application for salesperson’s license denied

273 DOS 98 Matter of Kurtianyk -- prior misconduct; direct relationship exists between essential elements of the misdemeanor offense of sexual abuse 3rd degree and the essential elements of licensure as a real estate salesperson; risk to safety and welfare of public sufficiently attenuated where 5 years have elapsed since commission of the unlawful act, employment record is exemplary, applicant attended psychological counseling, satisfied all conditions of discharge, married and purchased a home; application for salesperson’s license granted

150 DOS 97 Matter of DOS v. Losquadro -- prior misconduct; proof of qualifying experience; direct relationship exists between essential elements inherent in nature of crime of grand larceny second degree and essential duties and responsibilities of a licensed real estate salesperson; risk to public sufficiently attenuated where seven years elapsed since last occurrence of criminal offense, applicant provided relevant reputation evidence as to character, applicant established seven years of productive and law abiding conduct, community involvement, and a commitment to continue to live an exemplary life; application for real estate salesperson’s license granted

166 DOS 98 Matter of DOS v. Salameh -- proof of qualifying experience; DOS denied application for salesperson’s license where applicant was convicted of a felony and at the time of application had not received certificate of relief from disabilities; subsequent to application, applicant received certificate of relief from disabilities; receipt nullifies, DOS’s only objection to applicants licensure; salesperson’s license granted

CRC #98-3022 Matter of DOS v. Tehranchipour, Consent Order - licensee convicted of felony of conspiracy to restrain trade; surrender of real estate license and notary commission

CRC #98-3024 Matter of DOS v. Parvin, Consent Order - licensee convicted of felony of conspiracy to restrain trade; surrender of real estate license

CRC #98-3025 Matter of DOS v. Pirouzmanesh, Consent Order - licensee convicted of felony of conspiracy to restrain trade; surrender of real estate license

CRC #98-3027 Matter of DOS v. Makhani, Consent Order - licensee convicted of felony of conspiracy to restrain trade and attempted tax evasion; surrender of real estate license

CRC #98-3028 Matter of DOS v. Makhani, Consent Order - licensee convicted of felony of conspiracy to restrain trade; surrender of real estate license

CRC #98-3032 Matter of DOS v. Bakhshi, Consent Order - licensee convicted of felony of conspiracy to restrain trade and tax evasion; surrender of real estate license

CRC #98-3033 Matter of DOS v. Khani, Consent Order - licensee convicted of felony of conspiracy to restrain trade; surrender of real estate license

CRC #98-3035 Matter of DOS v. Abrishamian, Consent Order - licensee convicted of felony of conspiracy to restrain trade; surrender of real estate license

310 DOS 98 Matter of Mohamed - due process; failure to appear at hearing; prior misconduct; ex parte hearing may proceed upon proof of proper service; applicant’s request for hearing to review denial of application for license based upon prior felony conviction is dismissed where applicant fails to appear at hearing; application for brokers license denied

312 DOS 98 Matter of Zer - due process; failure to appear at hearing; prior misconduct; subpoenas; ex partehearing may proceed upon proof of proper service; applicant’s failure to appear at hearing deemed to be withdrawal of request for hearing; request for issuance of interrogatories as a pre-trial discovery tool denied; request for issuance of subpoena granted; other questions moot

1 DOS 99 Matter of DOS v. Ramos - prior misconduct; conviction of federal felony, the equivalent of New York felony, is automatic bar to licensure; salesperson’s license revoked

15 DOS 99 Matter of Connor - prior misconduct; direct relationship exists between essential elements of felony conviction of criminal possession of a controlled substance with the intent to sell and the fundamental duties of a real estate broker or salesperson; risk to safety and welfare of public sufficiently attenuated where applicant of mature age (44) when last convicted, nine years have elapsed since commission of criminal offense, successful completion of drug rehabilitation program, vocational training and exemplary self employment records; application for salesperson’s license granted

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 disabilities is statutory bar to licensure; salesperson’s license revoked

83 DOS 99 Matter of DOS v. Dhanraj - failure to appear at hearing; fraudulent practices; prior misconduct; forgery; unlicensed activity; ex parte hearing is permissible upon proof of proper service; conviction of felony (larceny in conducting real estate transactions) bars licensure as salesperson where no proof licensee has been granted an executive pardon, a certificate of relief from disabilities, or a certificate of good conduct; licensee engaged in fraudulent practices by brokering transactions without the knowledge of his supervising broker and defrauding clients out of deposit money; unlawfully holding self out to be a real estate broker without first procuring a license therefore; use of a forged license is an aggravating factor; DOS fails to prove licensee conducted a regulated real estate transaction while not licensed to do so; salesperson’s license revoked

121 DOS 99 Matter of DOS v. Swaap - failure to appear at hearing; prior misconduct; material misstatement on application; availing of license; apartment information vendor; licensee’s conviction of a felony (grand larceny in the second degree) is a bar to licensure in the absence of an executive pardon, Certificate of Relief from Disabilities or a Certificate of Good Conduct; licensee fails to establish requisite pardon or certificate of relief from disabilities or good conduct; unlicensed operation of Internet business offering to supply listings of apartments available for rent for a fee constitutes unauthorized apartment information vending; broker avails license to salesperson by leaving salesperson in charge of brokerage business with authority to sign bank account while broker is in prison; broker’s license revoked

198 DOS 99 Matter of DOS v. Sargeant - prior misconduct; failure to appear at hearing; hearing may proceed in the absence of respondent where proper notification of hearing given; applicant convicted of felony criminal possession of a weapon; failure to appear at hearing deemed withdrawal of request for hearing rendering questions raised by hearing moot; request for hearing dismissed

204 DOS 99 Matter of DOS v. Wolny - prior misconduct; direct relationship exists between essential elements of crime of money laundering and responsibilities as a real estate salesperson; risk sufficient attenuated where applicant obtained Certificate of Relief from Disabilities, more than five years has elapsed since crime, involvement in crime was very limited, no record of any other criminal acts since said time, full compliance with probation and credible reputation testimony of good character from former employer; application for real estate salesperson’s license granted

231 DOS 99 Matter of Stile - prior misconduct; direct relationship exists between essential elements of felony conviction of forgery and duties legally imposed upon a real estate salesperson; risk sufficiently attenuated where more than four years elapsed since commission of crime, credible reputation evidence of good character offered, Certificate of Relief from Disabilities obtained and young age of applicant at time of commission act (20 years); application for real estate salesperson’s license granted

CRC #98-3021 Matter of DOS v. Niknamfard, Consent Order - broker surrenders license after having been convicted of conspiracy to restrain trade and/or commerce in violation of the Sherman Act; ineligible for application renewal for a period of one year.

CRC #98-3034 Matter of DOS v. Pourattarian, Consent Order - broker surrenders license after having been convicted of conspiracy to restrain trade and/or commerce in violation of the Sherman Act; ineligible for application renewal for a period of one year

CRC #99-0124 Matter of DOS v. Doyle, Consent Order - surrender of appraiser’s license after DOS denial of application renewal when applicant was convicted of falsifying business records (a Class A Misdemeanor) in performance of appraisal; one year period before eligible to reapply

CRC #99-0910 Matter of DOS v. Oderinde, Consent Order - salesperson surrenders license after conviction of conspiracy to defraud the United States, a federal felony; no license application for a period of one year

149 DOS 99 Matter of DOS v. Cannizzaro - prior misconduct; direct relationship exists between essential elements of felony conviction of grand larceny in the third degree and responsibilities of real estate salesperson; risk to safety and welfare of public sufficiently attenuated where applicant acknowledged wrong doing, accepted responsibility therefore, received Certificate of Relief from Disabilities, and has responsibly been employed by sponsoring broker for over two years; salesperson’s license granted

319 DOS 99 Sturm v. DOS - prior misconduct; direct relationship exists between convictions for fraud and making false claims and statements to the IRS and the essential duties of a real estate salesperson; fourteen year lawful post conviction behavior evidences rehabilitation and sufficiently attenuates the risk to the public; salespersons license granted

330 DOS 99 Matter of DOS v. Pope - failure to appear at hearing; material misstatement on application; prior misconduct; notarization; ex parte hearing is permissible upon proper notice; conviction for fraud and failure to make restitution pursuant to plea demonstrates gross untrustworthiness; acknowledgment of deed without signatory being present; broker’s license revoked; notary commission revoked

16 DOS 00 Basakinci v. DOS - prior misconduct; felony bank fraud; lawful post conviction behavior coupled with reputation evidence of good character sufficient to attenuate risk; salespersons license granted

29 DOS 00 McCarthy v. DOS - prior misconduct; applicant may be denied license for conviction of federal crime that would constitute a felony under New York Penal Law; applicant may be denied license for misconduct unrelated to real estate transactions; false statement in the mortgaging of real property; reputation evidence of good character and post conviction lawful behavior sufficiently attenuate risk; application for brokers license granted

30 DOS 00 Pasmore-Spense v. DOS - prior misconduct; grand larceny second degree; abuse of position as a public servant by engaging in unlawful conduct related to official duties; post conviction lawful behavior and demeanor and testimony sufficiently attenuate risk; application for salespersons license granted

33 DOS 00 Matter of Gentile - prior misconduct; four misdemeanor charges over a five year span arising out of drug and alcohol abuse; only two years passed since commission of most recent crime; seriousness of crimes somewhat mitigated by the fact that they are misdemeanors and by applicant’s employment as a security guard, activity with his church and acceptance into auxiliary police training; no evidence to prove that applicant performed his duties honestly and reliably; applicant fails to meet his burden of proof; application for salespersons license denied

67 DOS 00 Marsala v. DOS - prior misconduct; enterprise corruption (book making for the Gambino family); six year post conviction lawful behavior, applicant’s demeanor and testimony under oath and certificate of relief from disabilities sufficiently attenuate risk; renewal of salespersons license granted

234 DOS 00 Spaziani v. DOS - prior misconduct; failure to appear at hearing; ex parte hearing may proceed upon proper notice; failure to appear after proper notification of hearing upon application for licensure is deemed a withdrawal of the request for the hearing; request for a hearing dismissed; application for salespersons license denied

295 DOS 00 Matter of Cohen - attorney; prior misconduct; falsifying business records and violating campaign contribution laws; post disbarment employment as a real estate consultant, exemplary career prior to conviction, and numerous character affidavits sufficiently attenuate risk; brokerage license granted

298 DOS 00 DOS v. Harris - failure to appear at hearing; material misstatement on application; prior misconduct;ex parte hearing may proceed upon proof of proper notice; material misstatement in the application for a sales persons license by failing to disclose prior criminal convictions; salespersons license revoked

307 DOS 00 Arjun v. DOS - prior misconduct; applicant pled guilty to federal felony charges; RPL §440-a proscribes that a person who has been convicted of a felony (state or federal) shall not be entitled to licensure unless they subsequently obtain evidence of the removal of the disabilities of conviction; certificate of relief from disabilities by the New York City Criminal Court does not relieve the disabilities of the federal convictions (beyond the scope of the court’s jurisdiction); denial of salespersons license confirmed

2 DOS APP. 00 Matter of DOS v. Marsala - administrative appeals; prior misconduct; application for salespersons license denied where presumption of rehabilitation based upon the issuance of a certificate of relief from disabilities rebutted where direct relationship exists between prior criminal activity (conviction for attempted enterprise corruption for bookmaking in affiliation with the Gambino crime family after retirement from police force as a police officer); determination of ALJ reversing DOS’s denial of salesperson’s license is reversed

342 DOS 00 Arjun v. DOS - motion to reopen and for reconsideration; administrative tribunal has inherent authority to reconsider and to alter a prior decision or order rendered by the tribunal under CPLR §5015(a) for (i) excusable default, (ii) newly discovered evidence, (iii) fraud, misrepresentation or other misconduct of an adverse party, (iv) lack of jurisdiction or (v) reversal, modification or vacatur of a prior decision or order upon which the challenged decision or order is based; prior determination to deny application for license based in part because certificate of relief from disabilities was issued by New York City Criminal Court which was beyond the scope and power of the court is reopened for submission of evidence that certificate was actually issued by Supreme Court; evidence is not material as Supreme Court lacks jurisdiction to issue certificate from relief from disabilities which may only be issued, under the circumstances, by the State Board of Parole; motion to reopen and to reconsider is denied

374 DOS 00 Matter of DOS v. Aklah - failure to appear at hearing; prior misconduct; ex parte hearing is permissible upon proof of proper service; salespersons license may not be held by a person who has been convicted of a felony (depositing a counterfeit check) and who has not subsequently received an executive pardon, a certificate of relief from disabilities or a certificate of good conduct; salesperson’s license revoked

415 DOS 00 DOS v. Deppoliti - jurisdiction; prior misconduct; DOS has jurisdiction over non-licensee where non-licensee was eligible to automatically apply to renew prior license on the date on which the disciplinary action was commenced; automatic bar to licensure where applicant has been convicted of a federal felony (bankruptcy fraud and theft of funds) without having obtained an executive pardon, certificate of good conduct or a certificate of relief from disabilities; salesperson’s license revoked

442 DOS 00 Matter of Siracusa - prior misconduct; direct relationship exists between misdemeanor crime (offering a false instrument for filing [to a state agency]) and duties as a real estate licensee; risk sufficiently attenuated where applicant received certificate of relief from disabilities, crime was not premeditated, was a misdemeanor, was an isolated event and related to an opportunity to deal with applicant’s concerns about the welfare of her children; application for renewal of salesperson’s license granted

443 DOS 00 Matter of Skarvelis - prior misconduct; direct relationship exists between felony crime (grand larceny) and activities as a real estate licensee; risk sufficiently attenuated where applicant received a certificate of relief from disabilities, her actions occurred in a scheme not of her devising, the illegality of which she was not aware, applicant has made restitution, the event was isolated, and probation will continue for 2 ½ more years; application for salespersons license is granted

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

497 DOS 00 Hosten v. DOS - prior misconduct; direct relationship exists between applicant’s criminal conviction (felony mail fraud and misdemeanor commercial bribe) and duties of a real estate salesperson; risk sufficiently attenuated where applicant obtains certificate of relief from disabilities, demeanor supports presumption of rehabilitation and supervised, conditional probation renders onerous any future misconduct; application for renewal of salesperson’s license granted

525 DOS 00 DOS v. Agababian - prior misconduct; direct relationship exists between licensee’s criminal conviction (felony commercial bribe) and duties as a real estate salesperson; risk sufficiently attenuated where licensee obtains certificate of relief from disabilities, there is no evidence of criminal convictions during 25 years as a licensee, lawful post conviction behavior and impressive letters as to reputation; complaint dismissed

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

61 DOS 01 Matter of Singleton - prior misconduct; applicant failed to establish trustworthiness sufficient to obtain salespersons license; conviction of Class E felony with respect to filing income tax documents by corrections officer; direct relationship exists between crime which demonstrates lack of honesty and fiduciary duties of a real estate salesperson; although applicant obtained Certificate of Relief from Disabilities, applicant was sufficiently mature at the time of conviction of the crime to understand the seriousness thereof and applicant’s testimony was evasive as to what exactly he had done; application for salespersons license denied

147 DOS 01 Matter of Capolino - prior misconduct; direct relationship exists between crime of insurance fraud and license as a real estate salesperson; applicant establishes direct relationship sufficiently attenuated where act was an isolated event, crime was a misdemeanor and three and one-half years have passed since conviction of the crime; application for salesperson license granted

7 DOS 01 Lee v. DOS - prior misconduct; applicant’s license as an insurance agent revoked by insurance department for forging clients’ signatures to obtained unauthorized loans and for conversion of funds; applicant proves by substantial evidence trustworthiness to qualify for license where he made full restitution, admits and accepts full responsibility for his breach of trust, expresses remorse and his testimony is credible; three year rehabilitation period sufficient to assess rehabilitation; salespersons license granted

CRC #00-2882 Matter of DOS v. Adler, Consent Order - conviction of federal felonies for mail fraud and conspiracy to defraud; broker’s license revoked

419 DOS 01 Maneri v. DOS - prior misconduct; direct relationship exists between applicant’s criminal conviction (grand larceny 4th degree, class E felony, in a regulated real estate activity) and essential duties of a real estate broker; certificate of relief from disabilities, certificate of good conduct, applicant’s 12 year post-conviction behavior, and his demeanor and testimony under oath sufficiently attenuate risk; DOS is not obligated to rebut the presumption of rehabilitation raised by a certificate of relief from disabilities; DOS may give greater weight to the statutory factors adversely affected by the fact and circumstances of the conviction than to the statutory factors favorably affected by subsequent accomplishments and the presumption of rehabilitation; application for renewal of brokers license granted

455 DOS 01 Truelson v. DOS - failure to appear at hearing; prior misconduct; ex parte hearing may proceed upon proof of proper service; failure to appear at hearing to review DOS’s denial of application for licensure (based upon conviction of grand larceny 2nd degree, class E felony) scheduled at the request of the applicant is deemed a withdrawal of the request for hearing; renewal of salespersons license denied

465 DOS 01 Bushlow v. DOS - failure to appear at hearing; prior misconduct; ex parte hearing may proceed upon proof of proper service; failure to appear at hearing to review DOS’s denial of application for licensure (conspiracy to commit mail fraud, class D felony) scheduled at the request of the applicant is deemed a withdrawal of the request for hearing; renewal of salespersons license denied

470 DOS 01 Mone v. DOS - prior misconduct; direct relationship exists between applicant’s criminal conviction (conspiracy to commit insurance and mail fraud, felony) and essential duties as a real estate salesperson; certificate of relief of disabilities, ten year post-conviction behavior and reputation evidence of good character sufficiently attenuates risk; application for salespersons license granted

486 DOS 01 Matter of Borelle - prior misconduct; failure to appear at hearing requested by applicant for proposed denial of renewal of license based upon prior misconduct (petit larceny, class A misdemeanor - issuance of a check on brokerage escrow account dishonored for insufficient funds) is deemed a withdrawal of request for hearing; application for renewal of license as a real estate broker is denied

488 DOS 01 Matter of Olenych - prior misconduct; direct relationship exists between crime (conspiracy to commit money laundering, felony) and license as a real estate broker; applicant engaged in a conspiracy to money launder believing he was assisting a buyer in evading taxes; risk sufficiently attenuated where three years have passed since commission of crime, applicant obtains certificate of relief from disabilities and no evidence that applicant engaged in any other improper conduct as a real estate broker during 15 years of licensure; application for a license as real estate broker granted

595 DOS 01 Matter of Connolly - attorneys; prior misconduct; applicant has failed to establish that the findings underlying his disbarment from the practice of law do not demonstrate that he cannot be trusted to comply with the standards and to fulfill the duties which would be imposed upon him as a real estate salesperson; applicant disbarred for neglecting a legal matter entrusted to him for failing to appear in court, for withdrawing without having obtained permission of the court or his client, for failing to produce escrow records and failing to cooperate with Grievance Committee investigation, for falsely captioning a bank account as an “escrow” account to prevent its invasion by potential creditors, for failing to properly maintain the records of the special bank account and for converting funds he was required to hold in escrow as a contract deposit on behalf of a client and the prospective purchaser of that client’s house; application for a license as a real estate salesperson denied

607 DOS 01 Matter of Athanasatos - prior misconduct; direct relationship exists between crime (petit larceny, class A misdemeanor) arising out of the theft of money received by a real estate management firm of which applicant was employed and duties as a real estate broker; although applicant was not a knowing participant in or benefited from theft of funds by real estate management firm, upon learning of such thefts applicant did not report them to cooperative corporation’s board; applicant’s neglect of his fiduciary duties was inexcusable; applicant fails to sufficiently attenuate risk (ALJ suggests applicant apply for a license as a real estate salesperson and work in such capacity under the direct supervision of a licensed broker for a sufficient number of years); application for a license as a real estate broker denied

641 DOS 01 Cola v. DOS - prior misconduct; direct relationship exists between applicant’s criminal conviction (conspiracy to illegally restrain interstate trade and commerce, class E felony) and essential duties of a real estate broker; elements of criminal offense involved unlawful conduct in residential real property transactions by a licensed real estate broker; risk sufficiently attenuated where applicant obtained certificate of relief from disabilities, six year post-conviction behavior is without any known criminal activity and employment record indicates rehabilitation; application for renewal of real estate brokers license granted

642 DOS 01 Ali v. DOS - prior misconduct; applicant’s license as an insurance agent revoked for breaches of trust; as a licensed insurance broker, applicant commingled funds, issued checks that were dishonored and submitted knowingly inaccurate insurance applications; applicant failed to offer evidence of rehabilitation, did not express contrition and did not state any resolve against any future unlawful behavior; denial of license as real estate broker confirmed

649 DOS 01 Matter of Schuler - failure to appear at hearing; prior misconduct; ex parte hearing may proceed upon proof of proper service; applicant timely requests hearing upon DOS’s proposal to deny renewal of his salesperson’s license upon charges of unlicensed activity, failure to file a required change of association notification, failure to satisfy a judgment regarding funds derived during performance as a real estate salesperson, committing escrow violations and failing to provide agency disclosure; applicant’s failure to appear at hearing deemed to be a withdrawal of his request for hearing; application for renewal of license as a real estate salesperson denied

784 DOS 01 Matter of Trocchia - prior misconduct; applicant fails to demonstrate that the direct relationship between felony conviction of grand larceny and a license as a real estate salesperson has been sufficiently attenuated; issuance of a Certificate of Relief from Disabilities creates presumption of rehabilitation but the presumption is only one factor to be considered; seriousness of crime involving accepting a very large bribe not sufficiently attenuated where probation would not expire for another three years and applicant has been employed in a position of trust and confidence for only eighteen months; application for salespersons license denied

790 DOS 01 Matter of DOS v. Abbate - failure to appear at hearing; prior misconduct; ex parte hearing may proceed upon proof of proper service; salesperson convicted of a federal felony without having received an Executive Pardon, a Certificate of Relief from Disabilities or a Certificate of Good Conduct; salespersons license revoked

810 DOS 01 Matter of Feit - prior misconduct; direct relationship exists between felony crime of conspiracy to commit security fraud and a license as a real estate salesperson; crime involved gross breaches of trust; applicant engaged in dishonest conduct in two other jobs; application for a real estate salespersons license denied

9 DOS 02 Matter of Kearney - prior misconduct; direct relationship exists between federal felonies of conspiracy to defraud the United States and laundering of monetary instruments and a license as a real estate salesperson; crime involved an unlawful financial transaction pertaining to the purchase of real property; direct relationship sufficiently attenuated where over 14 years have lapsed since the conviction of the crimes, applicant was only 22 years old at the time of conviction, and there is no evidence that she has ever engaged in any other illegal conduct and has been gainfully employed in positions of trust and confidence since being released from prison; application for license as real estate salesperson is granted

18 DOS 02 Matter of Caggiano - prior misconduct; applicant was convicted of felony of assault in the 2nd degree for an incident of “road rage;” there is no direct relationship between such crime and a license as a real estate salesperson; applicant’s conduct arose out of the perceived need for self defense and in mistaking the handle of a knife for a squeegee; applicant never engaged in any other unlawful conduct and sponsoring broker attested to his honesty and trustworthiness; application for license as a real estate salesperson granted

33 DOS 02 Davoli v. DOS - prior misconduct; applicant convicted of felonies of 2nd degree sodomy and 3rd degree rape; a direct relationship exists between the applicant’s criminal convictions and the essential duties of a real estate salesperson; 24 year duration of time since commission of offenses is sufficient to evaluate rehabilitation; post conviction behavior is without any known criminal activity; application for license as a real estate salesperson granted

238 DOS 02 Matter of Schutzendorf - prior misconduct; applicant pled guilty to charge of felony bank fraud arising out of check kiting scheme; direct relationship exists between crime involving lack of honesty and responsibilities as a real estate salesperson; direct relationship sufficiently attenuated where conduct appears to have been an aberration, applicant fulfilled all of the conditions of his sentence and made full restitution, continues to perform voluntary service beyond the required conditions of his sentence, and has submitted numerous letters of recommendation from community leaders and business people in his favor; application for salespersons license granted

240 DOS 02 Matter of Simon - prior misconduct; applicant placed on probation as a licensed physician and surrendered his license after having been found to have engaged in various lewd and lascivious acts and other inappropriate conduct due to mental illness; only evidence offered by applicant was unsworn letter from his psychiatrist; applicant chose not to testify; applicant failed to meet his burden of establishing he is sufficiently trustworthy to be licensed as a real estate salesperson; application for salespersons license denied

246 DOS 02 Matter of DOS v. Resilard - prior misconduct; collateral estoppel; unauthorized practice of law; Bankruptcy Court determination which was not appealed by respondent established he engaged in fraud, misrepresentation and the unauthorized practice of law; respondent is collaterally estopped from contesting the Bankruptcy Court determination; real estate broker’s license revoked

271 DOS 02 Matter of Donnelly - prior misconduct; applicant pled guilty to felony attempted sexual abuse; direct relationship exists between crime and a license as a real estate salesperson; applicant failed to sufficiently attenuate risk where he denied guilt, claiming to have pled guilty only because of his poor mental state caused by his drinking and his testimony that the victim consented to his conduct; denial of guilt indicates failure to accept responsibility for his conduct; application for license as a real estate salesperson is denied

317 DOS 02 Matter of Heins - prior misconduct; there is no direct relationship between the crimes of felony vehicular manslaughter and misdemeanor driving while intoxicated and a license as a real estate salesperson; risk sufficiently attenuated where seven years has lapsed since conviction of crimes, applicant has ceased drinking and has been gainfully employed in a responsible position, and has the support of his sponsoring broker; application for a salespersons license granted

348 DOS02 Matter of Tan - prior misconduct; direct relationship exists between felony grand larceny, offering a false instrument for filing and falsifying business records and a license as a real estate salesperson; risk sufficiently attenuated where crimes resulted from ignorance of Medicaid billing practices and the negligence or misconduct of the person whom applicant hired to process his billing; applicant fulfilled and exceeded the community service condition of his probation and made full restitution; application for license as a real estate salesperson granted

448 DOS 01 Daoust v. DOS – prior misconduct; direct relationship exists between criminal offense of attempted criminal possession of stolen property and a license as a real estate salesperson; risk sufficiently attenuated by evidence of character from people in position having knowledge of applicant’s reputation in the community before and subsequent to the criminal conviction; application for license as real estate salesperson granted

537 DOS 01 Buckley v. DOS – prior misconduct; direct relationship exists between felony conviction for violation of General Business Law §§340 and 341 and a license as a real estate salesperson; risk sufficiently attenuated by evidence of character of applicant’s reputation in the community before and after criminal conviction, and unblemished thirteen year record as a licensed real estate broker prior to conviction; application for renewal of real estate brokers license granted

447 DOS 02 Matter of Malenda – prior misconduct; direct relationship exists between the crimes of disorderly conduct, voyeurism, petit larceny and endangering the welfare of a child and a license as a real estate salesperson; applicant appears to have a proclivity towards having young boys expose themselves to him and him to young boys; applicant failed to produce evidence of bipolar syndrome; application for license as a real estate salesperson denied

615 DOS 02 Espinosa v. DOS – prior misconduct; direct relationship exists between felony conviction of furnishing a false passport to another and a license as a real estate salesperson; risk sufficiently attenuated where applicant had prior unblemished record as a licensed real estate salesperson, provided character reference letters from persons engaged in the real estate industry and in the general business community that have knowledge of the applicant’s reputation in the community, expresses contrition, and there are ominous consequences of any breach of supervised parole; application for renewal of real estate salespersons license granted

619 DOS 02 Sanzone v. DOS –prior misconduct; direct relationship exists between misdemeanor conviction for petit larceny and a license as a real estate broker; risk sufficiently attenuated where applicant was licensed for approximately forty years without evidence of any other criminal conviction or disciplinary administrative action, and conviction was not a serious offense and did not result from a deliberate, unlawful action; where licensee makes timely and proper application for license renewal, the existing license does not expire until the application has been finally determined by the agency; where a timely filed application for license renewal is proposed to be denied by DOS and the licensee timely requests an administrative hearing to review, a final agency determination is the decision issued by the administrative law tribunal; application for renewal of brokers license is granted

696 DOS 02 Matter of Prandi – prior misconduct; failure to appear at hearing; failure to appear at hearing requested by applicant upon DOS’s proposal to deny license application is deemed a withdrawal of the request for a hearing and the decision to deny the application is final; application for license as a real estate salesperson is denied

769 DOS 02 Blum-Blakeley v. DOS – prior misconduct; direct relationship exists between felony convictions for grand larceny and scheme to defraud and a license as a real estate broker; applicant’s testimony and demeanor did not indicate rehabilitation; applicant does not recognize the seriousness of her unlawful behavior, does not express remorse for her behavior, and does not indicate that if licensed as a real estate broker she would not again engage in the unlawful activity; application for license as a real estate broker is denied

771 DOS 02 DOS v. Aberte – prior misconduct; broker pled guilty to felony charges of causing a false currency report; broker convicted of federal felony and has not presented any evidence that he has been granted an executive pardon, a certificate of relief from disabilities or a certificate of good conduct and is therefore barred from holding a license as a real estate broker; brokers license revoked

775 DOS 02 Matter of Hollander – prior misconduct; direct relationship exists between felony convictions of perjury, grand larceny, scheme to defraud, offering a false instrument for filing and falsifying business records and a license as a real estate salesperson; applicant’s convictions arose out of submission of fraudulent medicaid reimbursement claims for self and other dentists in his dental practice, fraudulently billing patients for procedures covered by medicaid and having testified falsely before a special grand jury; applicant fails to sufficiently attenuate risk where the crimes were serious, applicant stole money from both the State of New York and his patients, applicant lied to a grand jury and failed to address the acts underlying the convictions; application for a license as a real estate salesperson is denied

786 DOS 02 DOS v. Ortiz – failure to appear at hearing; failure to cooperate with DOS investigation; prior misconduct; salesperson fails to submit documents material to DOS investigation regarding felony conviction; felony conviction is statutory bar to licensure; salespersons license revoked

864 DOS 02 Matter of Hache – prior misconduct; direct relationship exists between felony convictions of attempted rape and sexual abuse and a license as a real estate salesperson; risk sufficiently attenuated where fourteen years have passed since conviction of the crime, which occurred when applicant was approximately 20 years old, applicant’s continuing his education, stable employment history, and issuance of certificate of relief from disabilities; application for license as a real estate salesperson is granted

913 DOS 02 Matter of Hoy – prior misconduct; direct relationship exists between felony conviction of assault on a federal officer and a license as a real estate salesperson; conviction arose out of applicant having punched an off duty United States Marshall who intervened in an early morning argument between applicant and his estranged wife; applicant was not aware at the time that the person whom he punched was a Marshall; risk sufficiently attenuated where applicant admits his guilt, does not excuse his actions, was clearly in a difficult and strange situation with the perception that a stranger was attempting to interfere in a personal argument, and there is no evidence that when licensed as a real estate salesperson or in the five years since his conviction that he acted improperly; application for license as a real estate salesperson is granted

955 DOS 02 Matter of Kwok – prior misconduct; direct relationship exists between felony conviction of bribery and a license as a real estate salesperson; applicant offered to give fire marshall $2,000.00 to change his report on the responsibility for a fire in an apartment house; in spite of admission of guilt and facts that seven years has passed since the commission of the crime, applicant was granted a license as an insurance agent, applicant managed a retail shoe store, and applicant offered fine character testimony and references, applicant has not demonstrated rehabilitation where he submitted to DOS an entirely different story stating that payment to the fire marshall was to show gratitude for helping save the building; statement was clearly an effort to mislead DOS and minimize the extent of applicant’s culpability; application for license as a real estate salesperson denied

62 DOS 03 Matter of Maloney – prior misconduct; proof of qualifying experience; applicant fails his burden of proof that he has sufficient experience to qualify for licensure as a real estate broker; applicant attorney disbarred for improper withdrawals from an escrow account, improper business relationship with a client, breach of an agreement to repay a loan from a client’s escrow funds, failure to maintain and/or produce required bookkeeping records, commingling client funds and misappropriation of client funds; applicant gave false testimony under oath to Disciplinary Committee and made a false statement, under penalties of perjury on a questionnaire submitted to the Disciplinary Committee; applicant fails to demonstrate trustworthiness sufficient for licensure; application for license as a real estate broker denied

363 DOS 03 Matter of Franco – prior misconduct; reopening; request for reopening granted after default decision denying application for licensure as a salesperson where applicant advised that he had not received the original notice of hearing and had just learned of the default decision; direct relationship exists between charge of misconduct by corporate official for failing to collect taxes and license as a salesperson; risk sufficiently attenuated where crime was a single misdemeanor committed 16 years ago by applicant who was then only 23 years old, no evidence since conviction, including while managing 14 apartment houses which applicant owns, that he has acted unlawfully or otherwise improperly, application for license as a salesperson granted

366 DOS 03 DOS v. Gabris – prior misconduct; broker was convicted of two felonies and has not presented any evidence that he has been granted an executive pardon, a certificate of relief from disabilities or a certificate of good conduct; broker’s license revoked

367 DOS 03 Matter of Nunziata – prior misconduct; direct relationship exists between crimes of petit larceny and criminal contempt and license as real estate salesperson; risk sufficiently attenuated where applicant’s crimes were misdemeanors arising out of a personal relationship gone sour, approximately 16 months have passed since the commission of the crimes which occurred when the applicant was 36 years old, and the seriousness of the crimes is mitigated by the fact that they were misdemeanors; application for salesperson license granted

370 DOS 03 Matter of Qiao – prior misconduct; direct relationship exists between crime of conspiracy to commit mail fraud and license as a real estate broker; risk sufficiently attenuated where approximately five years have passed since the commission of the crime which occurred when the applicant was approximately 40 years old, applicant provides significant volunteer services to the community and has been elected to several leadership positions, has made full restitution of unearned commissions, and admits full culpability for and expresses remorse for the unlawful acts for which he has suffered both financially and emotionally; application for broker license granted

379 DOS 03 Bamiteko v. DOS – prior misconduct; direct relationship exists between crime of 3rd degree rape and license as a salesperson; risk sufficiently attenuated where 12 years have elapsed since the occurrence of the crime which occurred when the applicant was 45 years old and where applicant’s post-conviction behavior evidences rehabilitation and supports the presumption raised by the Certificate of Relief from Disabilities; application for salesperson license granted

380 DOS 03 Donati v. DOS – prior misconduct; reconsideration; res judicata; applicant’s prior license as a real estate broker was suspended by administrative decision (50 DOS 94) requiring respondent to pay restitution as a condition of consideration of any application by the applicant for a license under Article 12-A; prior administrative decision is binding both upon the applicant and the tribunal; tribunal must consider, however, whether under current circumstances, the continued imposition of the condition is unreasonable; applicant is 62 years of age, has been divested of all property, faces destitution and seeks to work as a salesperson under the direction and supervision of a broker; applicant admits the unlawful acts, expresses remorse and states that under the current circumstances, the prior decision is a “life sentence;” under the current circumstances, the continued imposition of the prior decision is unreasonable; application for real estate salesperson license granted

410 DOS 03 Matter of Quick – collateral estoppel; judgment; prior misconduct; fact that judgment in civil action was granted after applicant’s default does not mean that it does not have the effect of collateral estoppel; civil judgment was discharged in bankruptcy as applicant was financially unable to satisfy judgment; six and one half years have passed since entry of judgment; to deny applicant license at this late date and under these particular circumstances would in essence disqualify applicant from licensure for the foreseeable future, if not for life, which would be improper; application for license as a real estate broker granted

590 DOS 03 Baez v. DOS - prior misconduct; direct relationship exists between criminal conviction for possession of stolen property (Class A Misdemeanor) and duties as a real estate salesperson; one year duration of time since commission of criminal offense is insufficient to evaluate rehabilitation efforts considering applicant’s denial of any wrong doing; applicant fails to offer evidence sufficient to attenuate the risk imposed by the direct relationship that exists between the essential element inherent in the nature of the criminal offense for which the applicant was convicted and his duties as a real estate salesperson

634 DOS 03 Matter of Pampalone - prior misconduct; direct relationship exists between conviction of attempted murder in the 2nd degree and Criminal Use of a Firearm, class B felonies, arising out of the shooting of a tenant who lived in a building which the applicant owned and in which the applicant operated delicatessen, and duties as a real estate salesperson; risks sufficiently attenuated where even though applicant denies guilt, applicant received Certificate of Relief from Disabilities, over 15 years have passed since commission of criminal offense, applicant was granted parole after his first appearance and has since been released from parole; application for salespersons license granted

641 DOS 03 Matter of Fisher - prior misconduct; direct relationship exists between criminal offense of Petit Larceny, a class A misdemeanor, and duties as a real estate salesperson; risk sufficiently attenuated where crime was committed almost 5 years ago, applicant has fully complied with terms of her probation, applicant has been gainfully employed and has obtained a degree; application for license as a real estate salesperson granted

715 DOS 03 DOS v. Stokes - material misstatement on application; prior misconduct; on application for license renewal, applicant answered “no” to the question, have you been convicted of a crime or offense since your last renewal; applicant plead guilty to a felony, interstate travel to promote unlawful activity; applicant is not eligible to apply either for a Certificate of Relief from Disabilities or for a Certificate of Good Conduct and will remain ineligible until discharged from probation; RPL §440-a proscribes that a person shall not be entitled to a license as a real estate salesperson if convicted of a felony for which the person has not subsequently obtained an Executive Pardon, a Certificate of Good Conduct, or a Certificate of Relief from Disabilities; salesperson’s license revoked

755 DOS 03 Eldamaa v. DOS - failure to appear at hearing; prior misconduct; applicant requested hearing to review DOS’s denial of application for licensure based upon Federal indictment; applicant’s failure to appear at hearing is deemed a withdrawal of the request for a hearing

926 DOS 03 Matter of Perez - prior misconduct; direct relationship exists between attempted grand larceny in the 4th degree, a class A misdemeanor (attempting to steal an automobile), and duties as a real estate salesperson; applicant failed to establish risk sufficiently attenuated where he denied his guilt and offered patently unbelievable explanation for his arrest; application denied

927 DOS 03 Matter of Mohr - prior misconduct; direct relationship exists between conviction of Possession of an Obscene Sexual Performance by a Child, a class E felony, and duties as a real estate salesperson; applicant fails to sufficiently attenuate risk where his testimony, denying all guilt, conflicts with his written statement; applicant’s lack of honesty with tribunal establishes that he has not been rehabilitated; application for license as a real estate salesperson is denied

934 DOS 03 DOS v. Richards - prior misconduct; failure to appear at hearing; salesperson was convicted of criminal contempt 1st degree, class E felony, without obtaining an Executive Pardon, Certificate of Relief from Disabilities or Certificate of Good Conduct; salesperson statutorily barred from licensure; salesperson’s license revoked

1086 DOS 03 Matter of Kiss - material misstatement on application; proof of qualifying experience; applicant disclosed conviction of three felonies on license renewal application but failed to disclose conviction of three misdemeanors; omission was material and deliberate; applicant statutorily barred from licensure as Certificate of Relief from Disabilities issued by County Court is beyond scope of power of that court; application for brokers license denied

1121 DOS 03 Matter of Evans - proof of qualifying experience; failure to appear at hearing; ex parte hearing may proceed upon proof of proper service; request for hearing to review proposed denial of license application dismissed where applicant fails to appear or to be represented at the hearing; application for salespersons license denied

1137 DOS 03 Matter of Li - prior misconduct; proof of qualifying experience; direct relationship exists between crime involving dishonesty ( issuing unauthorized documentation required to enable non-immigrant students to stay in this country) and duties as a real estate salesperson; risk sufficiently attenuated where six years have past since commission of the crime, post conviction employment is favorable, applicant handled closing of business in an ethical way, applicant showed remorse and recognized what she did was wrong, applicant produced character witnesses; application for salespersons license granted

67 DOS 04 Matter of Garreau - prior misconduct; proof of qualifying experience; forgery; direct relationship exists between criminal convictions (felony forgery and grand larceny) and essential duties as a real estate salesperson; risk sufficiently attenuated where five years post conviction lawful behavior and applicant produced substantial reputation evidence of good character; application for salesperson license granted

140 DOS 04 Matter of Bell - attorneys; failure to appear at hearing; prior misconduct; ex parte hearing may proceed upon proof of proper service; DOS proposed to deny license renewal because applicant resigned from the practice of law and was disbarred; failure to appear at hearing is deemed to be withdrawal of request for hearing; renewal of broker’s license denied

246 DOS 04 Matter of Vasiliu - proof of qualifying experience; failure to appear at hearing; prior misconduct; exparte hearing may proceed upon proof of proper service; DOS proposes denial of application for salesperson based upon applicant’s conviction of forcible touching; applicant’s failure to appear at hearing deemed a withdrawal of the request for a hearing; application for license as a salesperson denied

482 DOS 04 DOS v. Nesbitt - prior misconduct; proof of qualifying experience; failure to appear at hearing; material misstatement on application; ex parte hearing may proceed upon proof of proper service; applicant was convicted of felony criminal possession of a weapon, possession of stolen property, grand larceny and attempted grand larceny; applicant answered “no” on his real estate salesperson and broker applications that he had not been convicted of a felony or misdemeanor; applicant statutorily barred from licensure as he has not obtained an Executive Pardon, a Certificate of Good Conduct or a Certificate of Relief from Disabilities; broker’s license revoked

909 DOS 04 Matter of Medina - failure to appear at hearing; prior misconduct; proof of qualifying experience; ex parte hearing may proceed upon proof of proper service; DOS proposed to deny application for license as a real estate broker where in testimony in a disciplinary hearing involving licensees other than the applicant it was stated that the applicant permitted a real estate salesperson to operate a real estate brokerage business without the supervision for which the applicant was responsible; failure to appear at the hearing is deemed to be a withdrawal of the request for hearing; application for broker’s license denied

701 DOS 05 DOS v. Rose - prior misconduct; jurisdiction; material misstatement on application; surrender of license; broker fails to disclose on two applications for licensure convictions for distributing or possessing controlled dangerous substances within 1,000 feet of school property or bus and cruelty and neglect of children; surrender of license does not divest tribunal of jurisdiction as the acts of misconduct occurred and the proceedings were commenced while the respondent was licensed; jurisdiction would continue even had license expired of its own terms; broker’s conduct demonstrated a lack of trustworthiness; broker’s license revoked.

704 DOS 05 Matter of Greene - prior misconduct; direct relationship exists between felony conviction of conspiracy to commit mortgage fraud and duties as a real estate broker; risk sufficiently attenuated where six years passed since the conviction of the crime, applicant readily acknowledges the wrongfulness of his conduct, and post conviction conduct leading to early release from probation shows misconduct was an aberration; real estate broker’s license granted.

839 DOS 05 Matter of Kuretski – prior misconduct; DOS proposed to deny application for salesperson’s license based upon federal indictment for various felony counts; after notice of hearing, applicant pled guilty to felony counts of wire fraud and money laundering; applicant may not be granted a license where he has not received a Certificate of Good Conduct, Certificate of Relief From Disabilities or an Executive Pardon after having been convicted of a felony; salesperson’s license application denied.

859 DOS 05 DOS v. Taylor – material misstatement on application; prior misconduct; broker, on at least one application, submitted an application containing a material misstatement regarding his social security number and his record of criminal convictions where broker was convicted of grand larceny in the 4th degree, a class E felony; broker’s license 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.

169 DOS 06 In the Matter of Muto- attorneys; prior misconduct; failure to appear at hearing; ex parte hearing may proceed upon proof of proper service; applicant for salesperson’s license was disbarred from the practice of law for gross neglect of his clients’ interests, misuse of trust funds and a pattern of dishonesty; disbarment creates a rebuttable presumption of untrustworthiness and incompetency which may be overcome through the provision of additional information and materials; applicant has clearly not established that he is trustworthy; application for license as a real estate salesperson denied

174 DOS 06 DOS v. Carter- prior misconduct; applicant for renewal of salespersons license plead guilty to a charge of Harassment in the 2nd degree, a violation, arising out of salesperson having collected commissions directly from rental clients without the knowledge or consent of his broker and his having threatened one of the clients with harm; a direct relationship exists between the conviction and duties as a real estate salesperson; applicant failed to demonstrate that he has the requisite good character, integrity and trustworthiness to be a licensed real estate salesperson and has not established that the direct relationship between his conviction and a license as a real estate salesperson has been sufficiently attenuated; application for license as a real estate salesperson denied

181 DOS 06 Matter of Palombaro- prior misconduct; applicant convicted of Manslaughter in the 2nd degree and Leaving the Scene of an Incident without Reporting, class C felonies; convictions arose out of applicant’s driving while intoxicated causing the death of a bicyclist and leaving the scene without reporting the incident; no direct relationship exists between crimes and license as a real estate salesperson; applicant established that risk sufficiently attenuated where six years have passed since commission of the crimes, applicant provided proof of alcohol treatment and rehabilitation, and applicant provided recommendations and references relative to his good conduct; application for license as a real estate salesperson granted

186B DOS 06 Matter of King- prior misconduct; applicant for license as a real estate broker was convicted of Mail Fraud, a felony, arising out of a scheme whereby applicant assisted his aunt in obtaining a mortgage by having a third party provide funds purported to be the aunt’s down payment on the house securing a loan and then, after the loan closed, causing the money to be returned to the third party; direct relationship exists between the crime and license as a real estate broker; applicant was licensed as a real estate salesperson for eight years until his license expired; although he readily acknowledges the wrongfulness of his conduct, cooperated with the United States Attorney, and received a Certificate of Relief from Disabilities, applicant failed to demonstrate risk sufficiently attenuated where as a licensed broker he would operate without supervision; applicant encouraged to apply for a license as a real estate salesperson and work in that capacity for at least two years to establish trustworthiness; application for license as a real estate broker denied

202 DOS 06 Matter of Belnavis- prior misconduct; applicant for license as a real estate salesperson was convicted of Attempted Escape, a class E felony, arising out of her assistance to her then boyfriend’s attempt to escape prison; no direct relationship exists between the crime and license as a real estate salesperson; risk sufficiently attenuated where applicant established that she had terminated a ten year abusive relationship with her ex-boyfriend, has since obtained a bachelor’s degree, has been employed and received a Certificate of Relief from Disabilities; application for license as real estate salesperson granted

237 DOS 06 DOS v. Pasquazi- prior misconduct; broker convicted of Grand Larceny in the 2nd degree, a class E felony, for having embezzled monies from management clients of real estate brokerage firm for which he has associated as a real estate salesperson of which he was an officer and director; broker had admitted to a portion of the thefts and agreed to surrender real estate licenses and not to apply for reinstatement for a period of ten years, an agreement by which he did not abide; conduct was clearly in breach of his fiduciary duties and was a demonstration of extreme untrustworthiness; real estate broker’s license revoked

238 DOS 06 DOS v. Taylor- prior misconduct; re-opening; broker appealed prior decision revoking his license (859 DOS 05) upon grounds that he allegedly did not receive the notice of hearing; matter remanded for a new hearing; broker submitted at least one application for a license which contained a material misstatement regarding his record of criminal convictions and his social security number; broker convicted of Grand Larceny in the 4th degree, a class E felony; broker also charged with Grand Larceny in the 3rd degree arising out of his misuse of checks and debit card belonging to real estate brokerage firm; revocation of broker’s license restated

286 DOS 06 Matter of Gabris- propr misconduct; applicant or renewal of his license as a real estate broker plead guilty to charges of Attempted Grand Larceny in the 2nd degree, a class D felony, and Offering a False Instrument for Filing in the 1st degree, a class E felony; applicant received a Certificate of Relief from Disabilities; convictions arose out of applicant lying on required affidavits regarding his income and assets to be added to his mother’s lease who is a tenant in public housing needing care; at the time, applicant had a substance abuse problem; applicant was elected president of the tenants’ association and participated in a scheme to extort money and/or jobs from persons doing business with the housing complex; direct relationship exists between crimes and license as a real estate broker; applicant failed to sufficiently attenuate the risk where conduct demonstrated high degree of untrustworthiness and license as a real estate broker would allow him to operate without supervision; applicant encouraged to apply for license as a real estate salesperson and act as such for at least two years to demonstrate trustworthiness; application for license as a real estate broker denied without prejudice to apply for a license as a real estate salesperson

303 DOS 06 Matter of Haurser- prior misconduct; applicant for license as a real estate salesperson was convicted of Attempted Sexual Abuse in the 1stdegree, a class E felony, arising out of charges of two counts of Sexual Abuse in the 1st degree, three counts of Sexual Abuse in the 2nddegree, and five counts of Endangering the Welfare of a Child; applicant received a Certificate of Relief from Disabilities; conviction arose out of applicant's employment as a teacher where applicant had inappropriate sexual contact with five different male youths, ten or eleven years old, who were students in the applicant's fifth grade class; direct relationship exists between crimes involving sexual misconduct and license as a real estate salesperson; although nineteen and a half years have elapsed since commission of crime and applicant received approximately two years counseling for his crime, applicant failed to sufficiently attenuate the risk where as a real estate salesperson the applicant could come into contact with unsupervised children in private situations and would have specific knowledge of families buying or selling homes, the locations of homes being bought or sold and access to homes by way of lock boxes and keys maintained by the brokerage; application for license as a real estate salesperson denied

413 DOS 06 Matter of Adler- prior misconduct; applicant for license as a real estate salesperson plead guilty to charges of Mail Fraud and Conspiracy to Defraud the IRS, both federal felonies; applicant's license as a real estate broker was previously revoked by consent order effective June 7, 2001; charges arose out of applicant's under-reporting his income and taking improper deductions on his income tax returns for two years and delivery of those tax returns to the IRS through the US mail; direct relationship exists between crimes and license as a real estate salesperson; risk sufficiently attenuated where eight years has elapsed since the commission of the applicant's most recent crime, applicant provided evidentiary and testimonial proof of his good character and conduct, applicant accepted responsibility and expressed remorse for his conduct and acknowledged the serious impact on him, his family and his work, applicant's unblemished history as a real estate broker prior to the crimes and applicant's current employment; application for license as a real estate salesperson granted

608 DOS 06 DOS v. Clark- appraisers; prior misconduct; license as a certified residential real estate appraiser revoked where appraiser had her appraiser assistant license revoked based upon the finding that she procured the renewal of her appraiser assistant license by falsely affirming that she had taken the requisite continuing education when in fact she had not and by refusing to provide complete information to DOS upon its requests for such information

619 DOS 06 Matter of Elshani- prior misconduct; failure to appear at hearing; DOS advised applicant that it proposed to deny her application for a real estate salespersons license because of a conviction to Petit Larceny, a class A misdemeanor; applicant failed to appear at hearing and therefore applicant is deemed to have withdrawn her request for a hearing; more than 35 days have elapsed since applicant was advised of the proposed denial and therefore DOS’s decision to deny her application is final; application for license as a real estate salesperson denied

696 DOS 06 Matter of Picone- prior misconduct; applicant applied for license as a real estate salesperson and was denied because he was currently under indictment on charges of various violations of United States securities laws involving the improper use of non-public information to make profitable trades of securities; applicant’s counsel conceded that the fact of the indictment indicates that grand jury found that there is sufficient grounds to believe that the applicant is guilty of the charges; applicant offered neither testimony nor any other evidence to rebut that belief; if applicant is guilty of charges, he is clearly not sufficiently trustworthy to act in the fiduciary capacity of a real estate salesperson; application for license as a real estate salesperson denied

700 DOS 06 Matter of Mazzoni- prior misconduct; applicant pled guilty to charges of Receiving Unlawful Gratuities, class A misdemeanor, and Attempted Receiving Unlawful Gratuities, class B misdemeanor; conviction arose from applicant’s prior boyfriend’s request that applicant obtain for their house certain items of furniture from one of the vendors she dealt with while she was the project coordinator for the New York City Health and Hospitals Corp.; applicant ordered the furniture and applicant’s boyfriend was to be responsible for payment thereof, although he failed to pay for same; direct relationship exists between crimes involving dishonest conduct and activities as a licensed real estate salesperson; direct relationship sufficiently attenuated where four years elapsed since commission of the acts composing the crimes, seriousness of crimes mitigated by fact that they were misdemeanors, applicant provided evidentiary proof of her good character and conduct, and conviction resulted primarily from a relationship that soured; license as a real estate salesperson granted

705 DOS 06 Matter of Edwards- prior misconduct; rehearing; two separate requests for rehearing granted upon claim on non-receipt of notice of hearing and notice of reopening; applicant for license as a real estate salesperson was convicted of Criminal Possession of Forgery Devices, Criminal Possession of a Forged Instrument in the 2nd degree, Offering a False Instrument for Filing in the 1st degree, and Forgery in the 2nd degree, all felony convictions; convictions arose out of applicant’s employment as an expediter filing papers with the New York City Department of Buildings; applicant signed and stamped various documents with the name and license number of a licensed engineer and then submitted them for filing, having done so at the direction of her employer and believing that it was proper to do so; applicant received certificate of relief from disabilities; risk sufficiently attenuated where six years have elapsed since commission of the acts, applicant’s testimony was creditable that she did so under the belief that she was acting lawfully, applicant received the praise of her sponsoring broker and her prior fine record of service in the United States Army; license as a real estate salesperson granted

874 DOS 06 Matter of Li- prior misconduct; disclosure of agency relationships; applicant applied for renewal of her license as a real estate salesperson for license which had expired one year prior thereto; DOS notified applicant that it proposed to deny the application because of facts and circumstances attendant to a prior investigation; salesperson demonstrated gross untrustworthiness when she took possession of a commission check due to her prior broker, failed to deliver the check to the prior broker, lied to the broker about the status of the transaction and subsequently tried to extort a higher share of the commission than that to which she was entitled; salesperson’s conduct is not excused or mitigated by her claim that she misplaced the check since she should have brought the check directly to her former broker as soon as she received it; salesperson prepared agency relationship disclosure form which she presented to the buyer but failed to indicated in the appropriate space whether she and her broker were representing the seller or the buyer; application for renewal of her license as a real estate salesperson denied

875 DOS 06 Matter of Nunez- prior misconduct; applicant pled guilty to a charge of Criminal Possession of a Forged Instrument in the 3rd degree, a class A misdemeanor; crime arose from applicant, with a friend, attempting to sign an illegal credit card receipt to purchase clothing with the intent to resell the clothing to pay for rent and student loans; a direct relationship exists between the crime involving dishonest conduct and a license as a real estate salesperson; risk sufficiently attenuated where almost 3 ½ years have passed since commission of the crime, the crime was a misdemeanor, applicant obtained a bachelor’s degree at the John Jay College of Criminal Justice, and applicant has held employment as an appraiser, home inspector, travel agent, jewelry store clerk and juvenile counselor; application for license as a real estate salesperson granted

897 DOS 06 Matter of Ataplain- prior misconduct; applicant was convicted in California of Petty Theft; conviction arose out of circumstances where applicant was visiting relatives in California and left a record store with CD’s that he thought his cousin had paid for when in fact his cousin had not and where applicant, wanting to protect his young cousin, told the store personnel that he made a mistake and offered to pay for the CD’s but was arrested; a direct relationship exists between the crimes and a license as a real estate salesperson; risk sufficiently attenuated where 14 months have passed since the commission of the crime, applicant was 24 years old at the time of commission of the crime, and the crime was a misdemeanor; tribunal finds credible applicant’s testimony and finds that issuance of a license as a real estate salesperson would not create a risk to the public where the salesperson would be subject to the supervision of a licensed real estate broker; application for license as a real estate salesperson granted

960 DOS 06 Matter of Lambright- prior misconduct, felony, receiving reward for official misconduct; direct relationship, failure to admit wrongfulness of conduct, lack of trustworthiness

961 DOS 06 DOS v. Catarine- prior misconduct violation of consent order; failure to make restitution; practice of real estate brokerage while unlicensed; revocation

985 DOS 06 Matter of Marrale – prior misconduct, criminal possession of stolen property, single misdemeanor, renewal granted

517 DOS 07 Matter of Stuart- prior conviction; Attempted Robbery in the 2nd degree (D Felony); direct relationship; participation in program re: drug use, anger management; employment in position of trust with real estate developer and mortgage broker; active in community affairs; certificate of relief from disabilities; license as salesperson granted

609 DOS 06 Matter of Brooks- prior conviction; Conspiracy to Commit Mail, Wire and Securities Fraud; direct relationship; post-release position of trust in employment; license as salesperson granted

821 DOS 07 Matter of Aronica- prior conviction (Conspiracy to Commit Securities Fraud and Perjury); direct relationship; need to establish acted lawfully, honestly and honorably for an extended period of time; salesperson license denied

1362 DOS 07 Matter of Noble- Salesperson; renewal applicant; convicted of Grand Larceny 2nd degree (C Felony); direct relationship; Certificate of Relief From Disabilities; prior license as salesperson with support of broker for relicensure; no unreasonable risk; application granted

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

1707 DOS 07 Matter of Abdelaziz- salesperson; prior conviction for insurance fraud (A misdemeanor); not sufficiently honest; license denied

1708 DOS 07- Matter of Cherry- broker; prior conviction for fraud and grand larceny; failure to appear; license denied

1854 DOS 07 Matter of Dutton- Salesperson; prior conviction (controlled substance- A Misdemeanor, burglary and weapon-E felony Petit Larceny- A misdemeanor); license denied

1894 DOS 07 Matter of Stasinopoulos- broker; prior convictions (wire fraud, false statements-Felony); Certificate of Relief From Disabilities; strong character references; license granted

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

2001 DOS 07 Matter of Khaitov- broker; larceny (felony); failure to cooperate; license revoked

2028 DOS 07 Matter of Fletcher- appraiser assistant; criminal conviction (sexual abuse 1st- D Felony), acceptance of responsibility; slim likelihood of recurrence; license granted

2097 DOS 07 Matter of Levin- salesperson; felony (health care fraud, conspiracy to distribute cocaine); RPL §440-a; §441-c disqualification; revocation; no certificate of relief from civil disabilities or certificate of good conduct

2144 DOS 07 Matter of Larwood- salesperson; conviction of felony- sexual performance by a child; no evidence of certificate of good conduct or certificate of relief for civil disabilities; revocation

2206 DOS 07 Matter of Sir Winston Realty- fraudulent scheme involving “straw buyer”; breach of fiduciary duty; failure to disclose broker’s relationship with attorney and “investor”; fraudulent practice; DOS can consider licensee’s conduct as attorney in determining his fitness to be licensed; revocation; no future application until accounted for proceeds of sale.

2207 DOS 07 Matter of Duboff- broker; license renewal; suspension from practice of law due to escrow account violation; absence of other known infarctions; character references; renewal granted

2242 DOS 07 Matter of Binaminov- salesperson; conviction of felony for grand larceny; no evidence of certificate of good conduct or certificate of relief from civil disabilities; failure to cooperate; license expired and licensee automatically disqualified under RPL §440-a; complaint dismissed as moot

2267 DOS 07 Matter of Branche- broker; felony conviction- false statement to obtain HUD loans; license expired; revocation for pre-expiration misconduct

2284 DOS 07 Matter of Sidoti- salesperson; prior revocation of medical license; objection to vagueness of charges overruled; lack of creditability found by Board of Professional Medical Conduct indicates lack for trustworthiness; license denied

2308 DOS 07 Matter of Laskin- broker; renewal application; misdemeanor conviction- insurance fraud (to assist mother avoid car lease); single crime not associated with activities as broker; evidence of good character; license renewed

2310 DOS 07 Matter of Nicastri- salesperson; extensive felonies; certificate of good conduct; post conviction drug rehabilitation; salesperson license granted

2331 DOS 07 Matter of Bruce-Schmidt- broker; prior relinquishment of license and prior consent order; false statement; felony conviction- grand larceny; failure to appear; license denied

2336 DOS 07 Matter of Gomez- salesperson; renewal; misdemeanor conviction- endangering the welfare of a child and sexual abuse; denials of guilt not credible; application denied

287 DOS 08 Matter of Caridi – broker, class A misdemeanor; false instrument; certificate of relief from disabilities; unlikely would engage in further unlawful conduct; license granted

315 DOS 08 Matter of Alam – broker; class a misdemeanor; tampering with public records; 16 affidavits of good character; single misdemeanor 12 years ago; license granted

605 DOS 08 Matter of Ferguson – salesperson; criminal conviction; sexual abuse; certificate of relief from civil disabilities; applicant maintains innocence; license denied

636 DOS 08 Matter of Stupak – salesperson renewal; criminal conviction; federal felony, illegal remunerations; certificate of relief from civil disabilities; little reason to believe will engage in future misconduct; license granted

779 DOS 08 Matter of Wurtenberg – appraiser assistant; overvaluation due to inappropriate comparable; prior consent order (one year suspension); 18 month suspension

852 DOS 08 Matter of Conley – salesperson application; prior revocation; failure to appear; license denied

1180 DOS 08 Matter of Jung – salesperson; conviction of conspiracy and wire fraud; no certificate of relief from civil disabilities; cooperation with authorities; denied pending receipt of certificate of relief from civil disabilities

1238 DOS 08 Matter of Toppin – salesperson; misdemeanor convictions; acknowledgment of responsibility; character references; lack of employment related convictions; license granted

1251 DOS 08 Matter of Fleurentin – application to offer broker and salesperson qualifying courses; proposed denial due to prior revocation; substantial violation of Part 176 regulation re: schools; application denied

1288 DOS 08 Matter of Kardish – broker; conviction of felony; certificate of relief for civil disabilities and presumption of rehabilitation; danger of relapse; failure to disclose conviction at time of application, when did not have certificate of relief; revoke broker license and deny salesperson license

1406 DOS 08 Matter of Ross – salesperson; proposed denial of application due to revocation of medical license due to false representation; belated acknowledgement of responsibility; unlikely to jeopardize effort to rebuild career; salesperson license granted

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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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