Summaries of Regents Actions
on Professional Misconduct and Discipline

July 2009

Terms under which this information is provided.



- Acupuncture - Architecture - Chiropractic - Dentistry - Engineering and Land Surveying - Massage Therapy - Nursing - Occupational Therapy - Pharmacy - Podiatry - Psychology - Public Accountancy - Social Work - Veterinary Medicine -


Acupuncture

Jonathan Lloyd Harwayne, New York, NY

Profession: Acupuncturist; Lic. No. 002561; Cal. No. 24532

Regents Action Date: July 28, 2009

Action: Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation.

Summary: Licensee admitted to the charge of failing to meet the dispensing and recordkeeping requirements imposed by the Public Health Law for the consumption and/or destruction of 1,500 hydrocodone tablets which he, under his podiatry license, ordered from a wholesaler for his own personal use.

Architecture

Hwei Sze Chen, Flushing, NY

Profession: Architect; Lic. No. 015179; Cal. No. 21991

Regents Action Date: July 28, 2009 (see also July 2000)

Action: Application for consent order granted; Penalty agreed upon: 5 month actual suspension, 19 month stayed suspension, 24 months probation, $10,000 fine.

Summary: Licensee admitted to the charge of failing to maintain for at least 6 years all preliminary and final plans, documents, computations, records and professional evaluations prepared by him or his employees, relating to the architectural plans to which he affixed his signature and professional seal.

Hwei-Sze Chen, Architect, P.C., 41-36 College Point Blvd., Flushing, NY

Profession: Architecture; Cal. No. 21992

Regents Action Date: July 28, 2009

Action: Application for consent order granted; Penalty agreed upon: 5 month actual suspension, 19 month stayed suspension, 24 months probation, $10,000 fine.

Summary: Respondent admitted to the charge of failing to maintain for at least 6 years all preliminary and final plans, documents, computations, records and professional evaluations prepared by it or its employees, relating to the architectural plans to which it attached Hwei-Sze Chen’s signature and professional seal.

Chiropractic

Advanced Chiropractic Health Care, P.C., 226 Seventh Street – Suite 101, Garden City, NY

Profession: Chiropractor; Cal. No. 22928

Regents Action Date: July 28, 2009

Action: Application for consent order granted; Penalty agreed upon:  1 year stayed suspension, 1 year probation, $2,500 fine.

Summary: Respondent did not contest charges of false and misleading advertising, insofar as the charges alleged that respondent represented that Dr. Omid possessed a license in physiotherapy that he did not possess.

Dennis Martin Homack, Seneca Falls, NY

Profession: Chiropractor; Lic. No. 008680; Cal. No. 24471

Regents Action Date: July 28, 2009

Action: Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $500 fine.

Summary: Licensee admitted to the charge of having been convicted of Criminal Contempt in the 2nd Degree.

Dentistry

Michael Mastromarino, Ft. Lee, NJ

Profession: Dentist, Dental Anesthesia; Lic. No. 044455, Cert. No. 000618; Cal. Nos. 24456, 24457

Regents Action Date: July 28, 2009 (see also October 2002)

Action: Found guilty of professional misconduct; Penalty: Dentist license: Revocation, $140,000 fine; Dental Anesthesia certificate:  Revocation.

Summary: Licensee was found guilty of having been convicted of the crimes of Enterprise Corruption, a class B felony, Reckless Endangerment in the 1st Degree, a class D felony, and Body Stealing, a class E felony. 

Neil Robert Mate, Manhasset, NY

Profession: Dentist; Lic. No. 036749; Cal. No. 24568

Regents Action Date: July 28, 2009 (see also December 1997 and December 2007)

Action: Application to surrender license granted.  

Summary: Licensee admitted to the charge of having been convicted of two counts of Sexual Abuse in the 3rd Degree, a class B misdemeanor.

Bambi Linn Jones Olsen, Brockport, NY

Profession: Certified Dental Assistant; Cert. No. 000514; Cal. No. 24455

Regents Action Date: July 28, 2009

Action: Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $500 fine.

Summary: Licensee admitted to the charge of having been convicted of Criminal Possession of a Controlled Substance in the 7th Degree.

Sidney Starman, Rochester, NY

Profession: Dentist; Lic. No. 024220; Cal. No. 24057

Regents Action Date: July 28, 2009

Action: Application for consent order granted; Penalty agreed upon: 1 year actual suspension, upon service of 6 months of actual suspension may apply for early termination upon successful completion of certain coursework, upon service of or upon early termination of 1 year actual suspension 2 years probation to commence upon return to practice, $2,500 fine.

Summary: Licensee admitted to the charge of failing to maintain accurate patient records. 

Engineering and Land Surveying

Peter Gerazounis, New Hyde Park, NY

Profession: Professional Engineer; Lic. No. 072050; Cal. No. 24400

Regents Action Date: July 28, 2009

Action: Application for consent order granted; Penalty agreed upon: 1 month actual suspension, 23 month stayed suspension, upon service of 1 month actual suspension 24 months probation, $5,000 fine.

Summary: Licensee did not contest the charge of permitting a business corporation not authorized to practice engineering to practice engineering.

Waseem Hakeem, Franklin Square, NY

Profession: Professional Engineer; Lic. No. 080511; Cal. No. 24493

Regents Action Date: July 28, 2009

Action: Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $5,000 fine.

Summary: Licensee admitted to charges of failing to maintain records and fee sharing.

JNS Engineers, P.C., 633 Remsen Avenue, Brooklyn, NY

Profession: Professional Engineering; Cal. No. 24511

Regents Action Date: July 28, 2009

Action: Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $5,000 fine.

Summary: Registrant did not contest charges that, in connection with two builders’ pavement plans, its principal, Leon St. Clair Nation, affixed his professional engineering seal to, and caused to be submitted to the New York City Department of Buildings, digital photographs which were not taken by him or by anyone in his employ, without visiting the sites or making other reasonable efforts to determine whether the photographs fairly and accurately depicted existing conditions; said Leon St. Clair Nation signed and affixed his professional engineering seal to plans for renovation of an existing structure which said plans represented to be a two-story building, without visiting the site or making other reasonable efforts to verify that the existing structure was, in fact, a two-story building; said Leon St. Clair Nation signed and affixed his professional engineering seal to said plans despite the fact that they were not prepared by him or by an employee under his direct supervision, and despite the fact that he failed to prepare and maintain for a period of not less than 6 years a thorough written evaluation of the professional services represented by said plans; and it received a fee from a third party in connection with Leon St. Clair Nation's performance of professional services in signing and sealing said plans.

Leon St. Clair Nation, Bronx, NY

Profession:  Professional Engineer; Lic. No. 065052; Cal. No. 24510

Regents Action Date: July 28, 2009

Action: Application for consent order granted; Penalty agreed upon: 3 month actual suspension, 21 month stayed suspension, 2 years probation, $5,000 fine.

Summary: Licensee did not contest charges of, in connection with two builders' pavement plans, affixing his professional engineering seal to, and caused to be submitted to the New York City Department of Buildings, digital photographs which were not taken by him or by anyone in his employ, without visiting the sites or making other reasonable efforts to determine whether the photographs fairly and accurately depicted existing conditions; signing and affixing his professional engineering seal to plans for renovation of an existing structure which said plans represented to be a two-story building, without visiting the site or making other reasonable efforts to verify that the existing structure was, in fact, a two-story building; signing and affixing his professional engineering seal to said plans despite the fact that they were not prepared by him or by an employee under his direct supervision, and despite the fact that he failed to prepare and maintain for a period of not less than 6 years a thorough written evaluation of the professional services represented by said plans; and receiving a fee from a third party in connection with his performance of professional services in signing and sealing said plans.

Steven J. Rizzo, Islip, NY

Profession: Professional Engineer; Lic. No. 066204; Cal. No. 24507

Regents Action Date: July 28, 2009

Action: Application for consent order granted; Penalty agreed upon: 3 month actual suspension, 21 month stayed suspension, 2 years probation, $1,000 fine.

Summary: Licensee admitted to the charge of having been convicted of Offering a False Instrument for Filing in the 2nd Degree, a class A misdmeanor.

Massage Therapy

Michael Kyzyzak, Pleasant Valley, NY

Profession: Massage Therapy; Lic. No. 016424; Cal. No. 24567

Regents Action Date: July 28, 2009

Action: Application to surrender license granted. 

Summary: Licensee admitted to the charge of having been convicted of Possessing a Sexual Performance by a Child.

Nursing

Anthony H. Barber, Bayside, NY

Profession: Licensed Practical Nurse; Lic. No. 109943; Cal. No. 24156

Regents Action Date: July 28, 2009

Action: Application for consent order granted; Penalty agreed upon: Indefinite actual suspension for not less than 3 months and until fit to practice, upon termination of suspension 2 years probation to commence if and when return to practice.

Summary: Licensee admitted to charges of having been convicted of Assault in the 2nd Degree and Criminal Possession of a Controlled Substance in the 7th Degree and of falsely stating on a registration renewal application that he had not been convicted of a crime.

Jennylin Lelieth Barrett, Kissimmee, FL

Profession: Licensed Practical Nurse; Lic. No. 206889; Cal. No. 24578

Regents Action Date: July 28, 2009

Action: Application to surrender license granted.  

Summary: Licensee admitted to the charge of having been convicted of Petit Larceny, a class A misdemeanor.

B. Joanne Shibley Butts, Cazenovia, NY

Profession: Registered Professional Nurse; Lic. No. 388579; Cal. No. 24432

Regents Action Date: July 28, 2009 (see also November 1997)

Action: Application for consent order granted; Penalty agreed upon: 3 month actual suspension, 21 month stayed suspension, 2 years probation to commence upon return to practice, $500 fine payable within 6 months.

Summary: Licensee did not contest the charge of  unlawfully obtaining a blank prescription and using it to obtain a controlled substance.

Glynnis Guanizo Gigantone, Patchogue, NY

Profession: Registered Professional Nurse; Lic. No. 566662; Cal. No. 24454

Regents Action Date: July 28, 2009

Action: Application for consent order granted; Penalty agreed upon: 1 month actual suspension, 23 month stayed suspension, 2 years probation, $500 fine.

Summary: Licensee did not contest the charge of administering medication to a patient without a physician's order.

Daniel William Grimmick, Clifton Park, NY

Profession: Registered Professional Nurse; Lic. No. 484472; Cal. No. 24339

Regents Action Date: July 28, 2009

Action: Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $1,000 fine.

Summary: Licensee did not contest the charge of  having pled guilty to violating Article 33 of the Public Health Law.

Faith Hutchinson, Rockville Centre, NY

Profession: Licensed Practical Nurse; Lic. No. 211433; Cal. No. 23907

Regents Action Date: July 28, 2009

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 neglecting an elderly nursing home resident by leaving said resident unsupervised in a bathroom in violation of the resident’s care plan.

Mary Beth Juricek, College Point, NY

Profession: Registered Professional Nurse; Lic. No. 327227; Cal. No. 24492

Regents Action Date: July 28, 2009

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 forging a doctor's signature on her application for disability benefits.

Dawn Marie Lemcke, Canandaigua, NY

Profession: Licensed Practical Nurse, Registered Professional Nurse; Lic. Nos. 234389, 497033; Cal. Nos. 24474, 24475

Regents Action Date: July 28, 2009

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 Criminal Diversion of Prescription Medications in the 4th Degree.

Sheila M. Malone, Flushing, NY

Profession: Registered Professional Nurse; Lic. No. 402136; Cal. No. 24482

Regents Action Date: July 28, 2009

Action: Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $500 fine.

Summary: Licensee did not contest the charge of obtaining the controlled substance Percocet by misrepresentation.

Matthew Jon McFarland, Selden, NY

Profession: Licensed Practical Nurse; Lic. No. 269877; Cal. No. 24517

Regents Action Date: July 28, 2009

Action: Application to surrender license granted.

Summary: Licensee admitted to charges of having been convicted of Offering a False Instrument for Filing in the 1st Degree, a class E felony; Criminal Possession of a Controlled Substance in the 7th Degree, a class A misdemeanor; and Petit Larceny, a class A misdemeanor.

Somsri Orachantara, Yonkers, NY

Profession: Registered Professional Nurse; Lic. No. 237802; Cal. No. 24512

Regents Action Date: July 28, 2009

Action: Application to surrender license granted. 

Summary: Licensee did not contest the charge of failing to maintain an accurate patient record in that she incorrectly indicated on the operating room count sheets for a patient’s surgery that the lap pad counts were correct.

Rainey L. Rathbun, Verona, NY

Profession: Licensed Practical Nurse; Lic. No. 289318; Cal. No. 24565

Regents Action Date: July 28, 2009

Action: Application for consent order granted; Penalty agreed upon: 1 month actual suspension, 23 month stayed suspension, 2 years probation, $250 fine.

Summary: Licensee did not contest charges of patient abuse or harassment and of having been convicted of Willful Violation of Health Laws, a misdemeanor.

Mary Elaine Rauer, South Jamesport, NY

Profession: Licensed Practical Nurse, Registered Professional Nurse; Lic. Nos. 157403, 351411; Cal. Nos. 24500, 24501

Regents Action Date: July 28, 2009

Action: Application to surrender licenses granted.

Summary: Licensee did not contest the charge of giving medication to another nurse for administration to a patient when there was no physician’s order for the patient to receive said medication.

Deborah Jean Rose, Schenectady, NY

Profession: Licensed Practical Nurse; Lic. No. 253072; Cal. No. 24523

Regents Action Date: July 28, 2009

Action: Application for consent order granted; Penalty agreed upon: Indefinite actual suspension for no less than 1 year and until fit to practice, upon termination of suspension 2 years probation to commence upon return to practice.

Summary:  Licensee did not contest charges of documentation and medication errors and of practicing the profession while ability impaired.

Christy Lee Russell, Malone, NY

Profession: Licensed Practical Nurse, Registered Professional Nurse; Lic. Nos. 265358, 532870; Cal. Nos. 24525, 24524

Regents Action Date: July 28, 2009

Action: Found guilty of professional misconduct; Penalty: Indefinite actual suspension until substance abuse free and fit to practice, upon termination of suspension, probation 2 years to commence upon return to practice, $500 fine.

Summary: Licensee was found guilty of professional misconduct in that she diverted controlled substances, from hospital stock, for her own use.

Kristyn Sullivan a/k/a Kristyn Silvagnoli, Utica, NY

Profession: Licensed Practical Nurse; Lic. No. 254910; Cal. No. 24246

Regents Action Date: July 28, 2009

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 Criminal Possession of a Controlled Substance in the 5th Degree, a felony.

Anton Lacy Williams, Central Islip, NY

Profession: Licensed Practical Nurse; Lic. No. 265189; Cal. No. 24311

Regents Action Date: July 28, 2009

Action: Found guilty of professional misconduct; Penalty: 36 month suspension, execution of last 24 months of suspension stayed.

Summary: Licensee was found guilty of having been convicted of Petit Larceny, a class A misdemeanor.

Occupational Therapy

Vincent Accardi, Stony Brook, NY

Profession: Occupational Therapist; Lic. No. 012049; Cal. No. 24570

Regents Action Date: July 28, 2009

Action: Application to surrender license granted.

Summary:  Licensee admitted to the charge of having been convicted of Criminal Sexual Act in the 1st Degree, a class B felony, and Sexual Abuse in the 1st Degree, a class D felony.

Pharmacy

Mia M. Bero Carr, Brewerton, NY

Profession: Pharmacist; Lic. No. 042975; Cal. No. 24273

Regents Action Date: July 28, 2009

Action: Application for consent order granted; Penalty agreed upon: Censure and Reprimand, 1 year probation, $500 fine.

Summary: Licensee admitted to the charge of having made dispensing errors.

Duane Reade, 666 Third Avenue, New York, NY

Profession: Pharmacy; Reg. No. 022297; Cal. No. 24468

Regents Action Date: July 28, 2009

Action: Application for consent order granted; Penalty agreed upon: 2 years probation, $10,000 fine.

Summary: Registrant did not contest charges of dispensing the non-controlled drug Warfarin instead of the prescribed non-controlled drug Diclofenac; dispensing Warfarin in a vial labeled Diclofenac; and failing to personally counsel a patient about Diclofenac, a new medication prescribed for said patient.

Dale Robert Lewis, Malta, NY

Profession: Pharmacy; Lic. No. 042313; Cal. No. 24529

Regents Action Date: July 28, 2009

Action: Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $1,500 fine.

Summary: Licensee admitted to the charge of having been convicted of Making an Apparently False Sworn Statement.

Monsey Family Drugstore, LLC, 108-B Route 59, Monsey, NY

Profession: Pharmacy; Reg. No. 026502; Cal. No. 24132

Regents Action Date: July 28, 2009

Action: Application for consent order granted; Penalty agreed upon: $5,000 fine.

Summary: Registrant admitted to the charge of failing to notify the New York State Board of Pharmacy that there was a change in the identity of the supervising pharmacist of the retail pharmacy operated by respondent in that there was no supervising pharmacist during the period of June 21, 2007 to September 23, 2007.

Rite Aid of New York, Inc., P. O. Box 3165, Harrisburg, PA

Profession: Pharmacy; Reg. No. 013968; Cal. No. 24485

Regents Action Date: July 28, 2009

Action: Application for consent order granted; Penalty agreed upon: 2 years probation, $10,000 fine.

Summary: Respondent did not contest the charge of failing to keep pharmacy records for the required period of 5 years.

Rite Aid of New York, Inc., 1900 Grant Blvd., Syracuse, NY

Profession: Pharmacy; Reg. No. 023516; Cal. No. 24461

Regents Action Date: July 28, 2009

Action: Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $30,000 fine.

Summary: Registrant did not contest charges of operating the pharmacy without a supervising pharmacist and failing to notify the State Board of Pharmacy within 7 days of a change in supervising pharmacists.

Vincent Samuel Rubino, Islip, NY

Profession: Pharmacist; Lic. No. 024468; Cal. No. 24574

Regents Action Date: July 28, 2009

Action: Application to surrender license granted. 

Summary: Licensee did not contest the charge of engaging in conduct in the practice of the profession which evidences moral unfitness to practice the profession, to wit: stealing the controlled substances Oxycodone and Hyrocodone form the pharmacy where he was employed.

Podiatry

Jonathan Lloyd Harwayne, New York, NY

Profession: Podiatrist; Lic. No. 004616; Cal. No. 24531

Regents Action Date: July 28, 2009

Action: Application for consent order granted; Penalty agreed upon: 1 month actual suspension, 23 month stayed suspension, 2 years probation, $1,000 fine.

Summary: Licensee admitted to the charge of failing to meet the dispensing and recordkeeping requirements imposed by the Public Health Law for the consumption and/or destruction of 1,500 hydrocodone tablets which he ordered from a wholesaler for his own personal use.

Psychology

Inna Pustilnik, New York, NY

Profession: Psychologist; Lic. No. 015189; Cal. No. 24096

Regents Action Date: July 28, 2009

Action: Application to surrender license granted.  

Summary: Licensee admitted to the charge of having been convicted of Attempted Enterprise Corruption.

University Psychological Care, P.C., 99 University Place – 7th Floor, New York, NY

Profession: Psychology; Cal. No. 24097

Regents Action Date: July 28, 2009

Action: Application to surrender certificate of incorporation as a professional service corporation granted. 

Summary: Respondent admitted to the charge of having been convicted of Attempted Enterprise Corruption.

Public Accountancy

Frederick J. Stoffel, Brockport, NY

Profession: Certified Public Accountant; Lic. No. 031162; Cal. No. 24481

Regents Action Date: July 28, 2009

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 if and when return to practice, $500 fine payable within 6 months.

Summary: Licensee admitted to the charge of having been convicted of 2 counts of Driving While Intoxicated in 2007.

Byron Von Brewer, Kenmore, NY

Profession: Certified Public Accountant; Lic. No. 080103; Cal. No. 24445

Regents Action Date: July 28, 2009

Action: Application for consent order granted; Penalty agreed upon: 6 month actual suspension, 18 month stayed suspension, 2 years probation, $5,000 fine.

Summary: Licensee admitted to the charge of having been convicted of Willful Failure to File a Tax Return.

Social Work

Karen Yonsky Drossel, Medusa, NY

Profession: Licensed Master Social Worker; Lic. No. 049109; Cal. No. 24483

Regents Action Date: July 28, 2009

Action: Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $500 fine.

Summary: Licensee did not contest the charge of failing to submit documentation in a timely manner.

Jean Marie Hendrickson, Poughkeepsie, NY

Profession: Licensed Clinical Social Worker; Lic. No. 052594; Cal. No. 23705

Regents Action Date: July 28, 2009

Action: Found guilty of professional misconduct; Penalty: 2 year suspension, execution of suspension stayed, probation 2 years.

Summary: Licensee was found guilty of having been convicted of the crimes of Attempted Petit Larceny, a class B misdemeanor and Petit Larceny, a class A misdemeanor.

Linda Santiago, Bayside, NY

Profession: Licensed Master Social Worker; Lic. No. 060229; Cal. No. 24316

Regents Action Date: July 28, 2009

Action: Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation to commence upon return to practice, $1,000 fine payable within 12 months.

Summary: Licensee admitted to the charge of  having been convicted of Attempted Insurance Fraud in the 4th Degree, a class A misdemeanor.

Veterinary Medicine

Richard Laird Hall, Eden, NY

Profession: Veterinarian; Lic. No. 001712; Cal. No. 24071

Regents Action Date: July 28, 2009

Action: Application for consent order granted; Penalty agreed upon: Partial actual suspension in certain area until successfully complete course of retraining in certain area, 2 years probation.

Summary: Licensee admitted to the charge of failing to maintain accurate patient records.

Daniel Francis Tufaro, New York, NY

Profession: Veterinarian; Lic. No. 006633; Cal. No. 24470

Regents Action Date: July 28, 2009

Action: Application for consent order granted; Penalty agreed upon: 2 year stayed suspension, 2 years probation, $2,500 fine.

Summary: Licensee admitted to the charge of having been convicted of  Criminal Trespass in the 2nd Degree.

For further information: dplsdsu@mail.nysed.gov

Last Updated: July 21, 2011