New York State Education Department

Office of the Professions

Summaries of Regents Actions on Professional Misconduct and Discipline

December 5, 2006

Terms under which this information is provided.



Architecture - Chiropractic - Dentistry - Engineering and Land Surveying -Massage Therapy - Nursing - Pharmacy - Psychology - Public Accountancy - Social Work



Architecture

Nicole De Acetis, Asharoken, NY
Profession: Architect; Lic. No. 016923; Cal. No. 23069
Regents Action Date: December 5, 2006
Action: Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $2,500 fine.
Summary: Licensee did not contest the charge of having been convicted of failing to collect withholding tax in violation of New York Tax Law section 1806(a), a class A misdemeanor.

Christopher Beardsley, Philadelphia, PA
Profession: Architect; Lic. No. 027006; Cal. No. 23020
Regents Action Date: December 5, 2006
Action: Application to surrender license granted.
Summary: Licensee did not contest the charge of filing a false report.

Brian Burke, New Rochelle, NY
Profession: Architect; Lic. No. 022649; Cal. No. 22441
Regents Action Date: December 5, 2006
Action: Found guilty of professional misconduct; Penalty: 36 month suspension, execution of last 30 months of suspension stayed, probation for at least 7 years and until termination of criminal probation as set forth in Regents Review Committee report.
Summary: Licensee was found guilty of having been convicted of the crime of Disseminating Indecent Material to a Minor, in the 1st Degree, a felony.

Chiropractic

Salvatore A. Feudi, Malone, NY
Profession: Chiropractor; Lic. No. 006391; Cal. No. 23011
Regents Action Date: December 5, 2006
Action: Application to surrender license granted.
Summary: Licensee admitted to charges of having been convicted of three counts of Sodomy in the 2nd Degree.

Norman E. O’Dell, Webster, NY
Profession: Chiropractor; Lic. No. 006229; Cal. No. 22835
Regents Action Date: December 5, 2006
Action: Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $1,500 fine.
Summary: Licensee did not contest charges of using the word "Doctor" in offering to perform professional services without also designating "DC," and of advertising or soliciting for patronage that is not in the public interest.

Dentistry

Ahmed Aziz, Burke, VA
Profession: Dentist; Lic. No. 036909; Cal. No. 23021
Regents Action Date: December 5, 2006
Action: Application to surrender license granted.
Summary: Licensee did not contest the charge of having been convicted of 2nd Degree Sexual Offense in the State of Maryland.

Richard J. Bollon, Jericho, NY
Profession: Dentist; Lic. No. 029679; Cal. No. 22799
Regents Action Date: December 5, 2006
Action: Application for consent order granted; Penalty agreed upon: 1 month actual suspension, 23 month stayed suspension, 24 months probation, $50,000 fine.
Summary: Licensee admitted to charges of failing to exercise sufficient care in preparing insurance claims for patient care on more than one occasion, as the result of which claim forms submitted either misstated the date of treatment or made claim for treatment not charted in the patient dental record.

Richard J. Bollon, DDS PC, 366 North Broadway, Jericho, NY 11753
Profession: Dentistry; Cal. No. 22800
Regents Action Date: December 5, 2006
Action: Application for consent order granted; Penalty agreed upon: 24 months probation, $10,000 fine.
Summary: Respondent admitted to charges of failing to exercise sufficient care in preparing insurance claims for patient care on more than one occasion, as the result of which claim forms submitted made claim for treatment not charted in the patient dental record.

Arthur Merrill Chasin, Merrick, NY
Profession: Dentist; Lic. No. 020598; Cal. No. 22904
Regents Action Date: December 5, 2006
Action: Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $7,500 fine.
Summary: Licensee admitted to the charge of failing to exercise sufficient care in preparing Medicaid claim forms on more than one occasion, as a result of which claim forms were submitted for 5 patients for orthodontic services either not rendered or provided subsequent to the billing date.

Oliver Marvin Harmon, Largo, MD
Profession: Dentist; Lic. No. 026968; Cal. No. 22965
Regents Action Date: December 5, 2006
Action: Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, 100 hours of public service.
Summary: Licensee did not contest the charge of having been found guilty of professional misconduct by the Maryland Board of Dental Examiners.

Shahryar Sedgh, Brooklyn, NY
Profession: Dentist; Lic. No. 047141; Cal. No. 22789
Regents Action Date: December 5, 2006
Action: Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $7,500 fine.
Summary: Licensee admitted to charges of having been convicted of Aggravated Unlicensed Operation of a Motor Vehicle in the 3rd Degree, Aggravated Unlicensed Operation of a Motor Vehicle in the 1st Degree, and Operating a Motor Vehicle While Under the Influence of Alcohol.

Engineering and Land Surveying

Neal A. O’Connor, Staten Island, NY
Profession: Professional Engineer; Lic. No. 059548; Cal. No. 22890
Regents Action Date: December 5, 2006
Action: Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $2,500 fine.
Summary: Licensee admitted to the charge that he filed an incomplete financial disclosure form.

Massage Therapy

Cary C. Smagala, Queensbury, NY
Profession: Massage Therapist; Lic. No. 015515; Cal. No. 22905
Regents Action Date: December 5, 2006
Action: Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $500 fine.
Summary: Licensee admitted to charges of having been convicted of Driving While Intoxicated as a misdemeanor and as a felony.

Nursing

Heather Anne Benedict, McGraw, NY
Profession: Licensed Practical Nurse; Lic. No. 237985; Cal. No. 22927
Regents Action Date: December 5, 2006
Action: Application for consent order granted; Penalty agreed upon: 1 month actual suspension, 23 month stayed suspension, 2 years probation, $500 fine.
Summary: Respondent admitted to charges of having been convicted of Welfare Fraud in the 5th Degree and Petit Larceny.

Vicki Lee Buback, Jacksonville, NC
Profession: Registered Professional Nurse; Lic. No. 499280; Cal. No. 22996
Regents Action Date: December 5, 2006
Action: Application for consent order granted; Penalty agreed upon: Indefinite actual suspension until fit to practice – upon termination of suspension 2 years probation to commence upon return to practice in New York State.
Summary: Licensee admitted to the charge of having been found guilty of improper practice or professional misconduct in Arizona.

Shamsher Chauhan, Scarsdale, NY
Profession: Licensed Practical Nurse, Registered Professional Nurse; Lic. Nos. 195968, 419670; Cal. Nos. 22512, 22513
Regents Action Date: December 5, 2006
Action: Application for consent order granted; Penalty agreed upon: Indefinite actual suspension for not less than 6 months and until fit to practice – upon termination of suspension 2 years probation, $1,000 fine.
Summary: Licensee did not contest the charge of willfully making false reports by falsely charting on hospital narcotics records that she intended to administer to hospital patients the narcotics that she withdrew from the hospital’s supply.

Elizabeth Anne Cole, Tyrone, NY
Profession: Registered Professional Nurse; Lic. No. 185498; Cal. No. 23046
Regents Action Date: December 5, 2006
Action: Application to surrender license granted.
Summary: Licensee could not successfully defend against the charge of diverting the drug Ultram for her own use.

Sandra G. Corder, Highland, IN
Profession: Registered Professional Nurse; Lic. No. 313730; Cal. No. 23054
Regents Action Date: December 5, 2006
Action: Application to surrender license granted.
Summary: Licensee did not contest the charge of having been found guilty of professional misconduct in Indiana.

Michael A. Edwards, Sonyea, NY
Profession: Licensed Practical Nurse; Lic. No. 231951; Cal. No. 22501
Regents Action Date: December 5, 2006
Action: Found guilty of professional misconduct; Penalty: Revocation.
Summary: Licensee was found guilty of having been convicted of the crime of Willful Violation of Health Laws, a misdemeanor, as a result of having sexual contact with a female patient who was in a persistent vegetative state and incapable of consenting.

David C. Glover, Buffalo, NY
Profession: Licensed Practical Nurse; Lic. No. 241813; Cal. No. 23001
Regents Action Date: December 5, 2006 (see also September 2004)
Action: Application to surrender license granted.
Summary: Licensee admitted to charges of having been convicted of two counts of child pornography.

Slava Gotlib a/k/a Vycheslav Gotlib, Brooklyn, NY
Profession: Registered Professional Nurse; Lic. No. 507078; Cal. No. 22938
Regents Action Date: December 5, 2006
Action: Application for consent order granted; Penalty agreed upon: 1 month actual suspension, 23 month stayed suspension, 2 years probation, $500 fine.
Summary: Licensee admitted to the charge of documenting a patient’s blood-sugar level and blood pressure when in fact neither had been measured.

Shannon K. Harkins, Perry, NY
Profession: Licensed Practical Nurse; Lic. No. 258604; Cal. No. 21859
Regents Action Date: December 5, 2006
Action: Found guilty of professional misconduct; Penalty: Partial suspension in certain area for not less than one year and until present satisfactory proof of completion of certain course of retraining in said area, probation 2 years.
Summary: Licensee was found guilty of having practiced the profession negligently, on more than one occasion, as a result of committing a variety of nursing errors related to medication administration.

Cheryl Kiss a/k/a Cheryl Kluchar, Poughkeepsie, NY
Profession: Registered Professional Nurse; Lic. No. 507284; Cal. No. 22794
Regents Action Date: December 5, 2006
Action: Application for consent order granted; Penalty agreed upon: 6 month actual suspension, 18 month stayed suspension, 2 years probation to commence upon return to practice.
Summary: Licensee admitted to charges of having been convicted of Attempted Assault in the 2nd Degree and of Possession of a Controlled Dangerous Substance in the 3rd Degree.

Kathleen A. Leone, Southold, NY
Profession: Licensed Practical Nurse; Lic. No. 225138; Cal. No. 22959
Regents Action Date: December 5, 2006
Action: Application to surrender license granted.
Summary: Licensee admitted to the charge of diverting controlled substances for her own use.

Ronald Paul Mastronardi, Jefferson Valley, NY
Profession: Registered Professional Nurse; Lic. No. 483943; Cal. No. 22929
Regents Action Date: December 5, 2006
Action: Application for consent order granted; Penalty agreed upon: 1 month actual suspension, 23 month stayed suspension, 24 months probation.
Summary: Licensee admitted to charges of having been convicted of Criminal Possession of a Weapon in the 4th Degree, a class A misdemeanor, and of falsely denying on his registration renewal application that criminal charges were pending against him in a court.

Timothy K. Murtaugh, Middletown, CT
Profession: Licensed Practical Nurse; Lic. No. 267115; Cal. No. 22661
Regents Action Date: December 5, 2006
Action: Found guilty of professional misconduct; Penalty: 2 year suspension, execution of suspension stayed, probation 2 years, $500 fine.
Summary: Licensee was found guilty of having been convicted of the crimes of Vehicular Assault in the 2nd Degree, a felony and Driving While Intoxicated, a misdemeanor.

Jason Anthony Rotunno, Rocky Point, NY
Profession: Licensed Practical Nurse, Registered Professional Nurse; Lic. Nos. 234685, 470121; Cal. Nos. 21865, 21866
Regents Action Date: December 5, 2006
Action: Application to surrender licenses granted.
Summary: Licensee did not contest charges that, while practicing the profession of nursing in the Intensive Care Unit at Stony Brook University Hospital and Medical Center, and caring for a post-partum patient, he failed to take and/or document the patient’s vital signs and intake and output as often as was ordered; he failed to pick up some physician orders; he failed to write an admission note; and he administered 1000 cc’s of fluid to the patient when in fact the physician’s order called for only 500 cc’s to be administered.

Stacy Lynn Sharot a/k/a Stacy L. Burlison, Endicott, NY and Nichols, NY
Profession: Licensed Practical Nurse; Lic. No. 266117; Cal. No. 22524
Regents Action Date: December 5, 2006
Action: Found guilty of professional misconduct; Penalty: Censure and Reprimand.
Summary: Licensee was found guilty of having been convicted of committing the crime of aggravated Unlicensed Operation of a Motor Vehicle in the 3rd Degree, a misdemeanor.

Laura J. Spiak, Watervliet, NY
Profession: Licensed Practical Nurse; Lic. No. 088968; Cal. No. 22834
Regents Action Date: December 5, 2006
Action: Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $250 fine.
Summary: Licensee admitted to the charge of failing to maintain an accurate record.

Christine A. Trischitta, Highland Hills, NY
Profession: Licensed Practical Nurse; Lic. No. 167738; Cal. No. 22960
Regents Action Date: December 5, 2006
Action: Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $500 fine.
Summary: Licensee admitted to the charge of having been convicted of Leaving the Scene of an Accident.

Selina N. Uche, Rochester, NY
Profession: Licensed Practical Nurse; Lic. No. 268564; Cal. No. 21623
Regents Action Date: December 5, 2006
Action: Found guilty of professional misconduct; Penalty: Pursue and complete certain courses within 1 year, probation 1 year.
Summary: Licensee was found guilty of having practiced the profession negligently, on more that one occasion, as a result of committing a variety of nursing errors related to patient care and medicine administration.

James H. VanDamme, Canandaigua, NY
Profession: Registered Professional Nurse; Lic. No. 245075; Cal. No. 22724
Regents Action Date: December 5, 2006
Action: Application to surrender license granted.
Summary: Licensee did not contest the charge of willfully failing to comply with substantial provisions of state laws, rules or regulations governing the nursing profession.

Lorri Varese a/k/a Lorri A. Varese, Northport, NY
Profession: Licensed Practical Nurse, Registered Professional Nurse; Lic. Nos. 248765, 525821; Cal. Nos. 22780, 22781
Regents Action Date: December 5, 2006
Action: Application for consent order granted; Penalty agreed upon: Censure and Reprimand, 1 year probation, $500 fine.
Summary: Licensee did not contest charges of failing to document the order of a physician; documenting on the wrong record; documenting the administration of a respiratory inhalant that was actually administered by a respiratory therapist; and failing to document the administration of a medication.

Kristine Lisa Welles a/k/a Kristine Lisa McKey, Holley, NY
Profession: Registered Professional Nurse; Lic. No. 391429; Cal. No. 22865
Regents Action Date: December 5, 2006
Action: Application for consent order granted; Penalty agreed upon: Indefinite actual suspension until fit to practice, upon termination of suspension 2 years probation to commence upon return to practice.
Summary: Licensee admitted to the charge of diverting valium for personal use.

Pharmacy

Andrea Lynn Holstein, Dublin, OH
Profession: Pharmacist; Lic. No. 046457; Cal. No. 23066
Regents Action Date: December 5, 2006
Action: Application to surrender license granted.
Summary: Licensee did not contest the charge of having been found guilty of improper professional practice or professional misconduct in Ohio.

Kenneth R. Horwitz, Randolph, NJ
Profession: Pharmacist; Lic. No. 042014; Cal. No. 22966
Regents Action Date: December 5, 2006
Action: Application for consent order granted; Penalty agreed upon: 1 year actual suspension, 1 year stayed suspension, 2 years probation.
Summary: Licensee admitted to the charge of having been convicted of Insurance Fraud in the 3rd Degree.

Mary Jo Marino a/k/a Mary Jo Brown, Latham, NY
Profession: Pharmacist; Lic. No. 036576; Cal. No. 19540
Regents Action Date: December 5, 2006
Action: Found guilty of professional misconduct; Penalty: Censure and Reprimand, $500 fine.
Summary: Licensee was found guilty of filling prescriptions that contained certain deficiencies such as a lack of signatures or other required information.

Steven Mensah-Narh, North Brunswick, NJ
Profession: Pharmacist; Lic. No. 050940; Cal. No. 23065
Regents Action Date: December 5, 2006
Action: Application to surrender license granted.
Summary: Licensee did not contest the charge of having been found guilty of improper professional practice or professional misconduct in New Jersey.

Rite Aid of New York Inc. #686, 9519 Foster Wheeler Road, North Dansville, NY 14437
Profession: Pharmacy; Reg. No. 014308; Cal. No. 22405
Regents Action Date: December 5, 2006 (see also June 2007)
Action: Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $5,000 fine.
Summary: Respondent admitted to charges of committing a dispensing error, failing to maintain a counseling log, and failing to offer counseling.

Brad A. Vacchetto, Rochester, NY
Profession: Pharmacist; Lic. No. 047814; Cal. No. 22886
Regents Action Date: December 5, 2006
Action: Application for consent order granted; Penalty agreed upon: 3 year stayed suspension, 3 years probation, $5,000 fine.
Summary: Licensee admitted to charges of forging prescriptions and stealing stock bottles of narcotics.

Psychology

Yevgeniy Margulis a/k/a Yevgeniy D. Margulis a/k/a Eugene Margulis, Brooklyn, NY
Profession: Psychologist; Lic. No. 014157; Cal. No. 22827
Regents Action Date: December 5, 2006
Action: Found guilty of professional misconduct; Penalty: 24 month suspension, execution of last 18 months of suspension stayed, $1,250 fine to be paid within 90 days.
Summary: Licensee was found guilty of having been convicted of committing the crime of Offering a False Instrument for Filing in the 1st Degree, a felony, as a result of false Medicaid filings.

Public Accountancy

Lee Steven Epstein, Oceanside, NY
Profession: Certified Public Accountant; Lic. No. 059732; Cal. No. 22869
Regents Action Date: December 5, 2006
Action: Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $1,500 fine.
Summary: Licensee did not contest charges of, on more than one occasion, performing an audit of financial statements where the audit report stated that said statements were prepared in accordance with generally accepted accounting principles (GAAP) when they were not in accordance with GAAP.

Krinsky & Epstein, CPA, P.C., 265 East Merrick Road, Valley Stream, NY 11590
Profession: Public Accountancy; Cal. No. 22870
Regents Action Date: December 5, 2006
Action: Application for consent order granted; Penalty agreed upon: 1 year probation, $1,500 fine.
Summary: Respondent did not contest charges of, on more than one occasion, performing an audit of financial statements where the audit report stated that said statements were prepared in accordance with generally accepted accounting principles (GAAP) when they were not in accordance with GAAP.

Social Work

Yevgeniy Margulis a/k/a Yevgeniy D. Margulis a/k/a Eugene Margulis, Brooklyn, NY
Profession: Licensed Master Social Worker; Lic. No. 052298; Cal. No. 22828
Regents Action Date: December 5, 2006
Action: Found guilty of professional misconduct; Penalty: 24 month suspension, execution of last 18 months of suspension stayed, $1,250 fine to be paid within 90 days.
Summary: Licensee was found guilty of having been convicted of committing the crime of Offering a False Instrument for Filing in the 1st Degree, a felony, as a result of false Medicaid filings.

For further information: dplsdsu@mail.nysed.gov
Last Update: January 18 , 2008
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