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Enforcement Actions

Searching for Summaries

Summary information of disciplinary actions taken against licensees, professional practice business entities, and pharmacy establishments by the Board of Regents in New York State since January 1, 1994, can be searched below by year, month, and profession. You may also search for an individual’s, entity’s or establishment’s status, and any applicable enforcement actions, with our Online Verification Search. Applicable disciplinary information will be listed under the Enforcement Actions tab within the search results.


In New York State, professional misconduct in all the professions (except that by physicians, physician assistants and specialist assistants, which is investigated and prosecuted by the Office of Professional Medical Conduct (OPMC) of the Department of Health) is investigated and prosecuted by the New York State Education Department's Office of the Professions. The Board of Regents, which also has responsibility for licensure in all the professions, is responsible for the final disposition of all disciplinary matters except those handled by OPMC.


Information on pre-1994 Regents Actions is available by phone: 518-474-3817, ext. 330; fax: 518-473-0578; e-mail: dplsdsu@nysed.gov, or by writing to the Office of the Professions.


By reviewing this material, the user accepts the terms, conditions and limitations under which this information is supplied.

July 1997

Pharmacy

UNGER, FRITZ C.; LAKE RONKONKOMA, NY

Profession: Pharmacy; Reg. No. 008599; Cal. No. 13933

Regents Action Date: July 18, 1997
Action: $1,000 fine,probation 2 years.
Summary: Licensee was found guilty of holding for sale drugs later than the date marked upon the label, failing to prepare and maintain a biennial inventory of all controlled substances, failing to have a thermometer in the pharmacy refrigerator, failing to possess the pharmacy handbook, failing to possess a list of drugs together with their current selling prices, maintaining the pharmacy in an unsanitary condition, filling and refilling a prescription without authorization and failing to indicate the strength prescribed.

ZANERGOT PHARMACY, INC.; NEW YORK, NY

Profession: Pharmacy; Reg. No. 019931; Cal. No. 16680

Regents Action Date: July 18, 1997
Action: Censure and Reprimand, $3,000 fine.
Summary: Licensee does not contest charges of having misbranded drugs in the drug stock, maintaining no record of repacking drugs and having the pharmacy not kept in a clean and orderly manner.

Podiatry

LOUIS SCOTTI; NESCONSET, NY

Profession: Podiatrist; Lic. No. 003439; Cal. No. 15875

Regents Action Date: July 18, 1997
Action: 2 year suspension, execution of last 12 months of suspension stayed, probation 24 months, $7,500 fine.
Summary: Licensee admits charges of one count of Grand Larceny in the Third Degree and twenty-two counts of offering a False Instrument for Filing in the First Degree.

Psychology

MARC RICE; ASTORIA, NY

Profession: Psychologist; Lic. No. 003903; Cal. No. 10401

Regents Action Date: July 18, 1997
Action: Revocation.
Summary: Licensee was found guilty of verbally abusing his patient, directing his patient to drink alcoholic beverages, directing the patient against being alone with her children, permitting multiple relationships to exist between himself and his patient, directing his patient to cease communicating with patient's mother and father, and directing his patient to have sexual relationships with many people over the same period of time.

ROBERT J ROGERS; MILLWOOD, NY

Profession: Psychologist; Lic. No. 003579; Cal. No. 16765

Regents Action Date: July 18, 1997
Action: Pursue a course of continuing education, probation 1 year.
Summary: Licensee admits charges of failing to reserve an earlier diagnosis that was shown to be incorrect.

Public Accountancy

DONALD LIONEL BUNSIS; BOCA RATON, FL

Profession: Certified Public Accountant; Lic. No. 019920; Cal. No. 16766

Regents Action Date: July 18, 1997
Action: Application to surrender license granted.
Summary: Licensee admits charges of having been convicted of six counts of Mail Fraud, a federal felony.

PETER MERTZ; BROOKLYN, NY

Profession: Certified Public Accountant; Lic. No. 044599; Cal. No. 16637

Regents Action Date: July 18, 1997
Action: 2 year suspension, execution of suspension stayed, probation 2 years, $500 fine.
Summary: Licensee admits charges of having been convicted of Operating a Motor Vehicle While Ability Impaired by Drugs, Criminal Possession of a Controlled Substance Seventh Degree, and Possession of a Hypodermic Needle.

Respiratory Therapy

JOHN LEO KUTZMA; LEVITTOWN, NY

Profession: Respiratory Therapist; Lic. No. 004012; Cal. No. 16736

Regents Action Date: July 18, 1997
Action: 1 year suspension, execution of suspension stayed, probation 1 year, $1,000 fine.
Summary: Licensee admits charges of having been convicted of the Unauthorized Dispensing of a Drug, and knowingly failing to disclose a criminal conviction before licensure on his application for licensure.

Social Work

ROBERT J CARUANA; POTSDAM, NY

Profession: Certified Social Worker; Lic. No. 036443; Cal. No. 16499

Regents Action Date: July 18, 1997
Action: Suspension for not less than 1 year and until terminated as set forth in consent order application - upon termination of suspension, probation 2 years.
Summary: Licensee does not contest charges of engaging in physical contact of a sexual nature with another certified social worker who was his supervisee at his place of practice, engaging in a pattern of inappropriate conduct with female patients, inappropriately expressing anger toward patients during therapy sessions, using and attempting to use hypnosis despite lacking adequate training in hypnosis, making inappropriate statements to patients about his own superiority as a therapist and their inferiority, forcing the discussion of a sexual abuse issue with a patient against her wishes, and failing to pick up on a patient's statement that she was drinking heavily and failing to offer treatment for that.

ROBERT J CARUANA; POTSDAM, NY

Profession: Licensed Master Social Worker; Lic. No. 036443; Cal. No. 16499

Regents Action Date: July 18, 1997
Action: Suspension for not less than 1 year and until terminated as set forth in consent order application - upon termination of suspension, probation 2 years.
Summary: Licensee does not contest charges of engaging in physical contact of a sexual nature with another certified social worker who was his supervisee at his place of practice, engaging in a pattern of inappropriate conduct with female patients, inappropriately expressing anger toward patients during therapy sessions, using and attempting to use hypnosis despite lacking adequate training in hypnosis, making inappropriate statements to patients about his own superiority as a therapist and their inferiority, forcing the discussion of a sexual abuse issue with a patient against her wishes, and failing to pick up on a patient's statement that she was drinking heavily and failing to offer treatment for that.

RONALD W LADUCA; LEWISTON, NY

Profession: Certified Social Worker; Lic. No. 033337; Cal. No. 16415

Regents Action Date: July 18, 1997
Action: Censure and Reprimand, probation 1 year, $750 fine.
Summary: Licensee does not contest charges of abandoning a patient in need of immediate professional care.

RONALD W LADUCA; LEWISTON, NY

Profession: Licensed Clinical Social Worker; Lic. No. 033337; Cal. No. 16415

Regents Action Date: July 18, 1997
Action: Censure and Reprimand, probation 1 year, $750 fine.
Summary: Licensee does not contest charges of abandoning a patient in need of immediate professional care.

LAWRENCE ARTHUR MALAKIE; BATAVIA, NY

Profession: Licensed Clinical Social Worker; Lic. No. 004211; Cal. No. 12605

Regents Action Date: July 18, 1997
Action: Indefinite suspension of not less than 18 months and until terminated as set forth in consent order application, after the period of actual suspension, probation 1 year, $1,000 fine.
Summary: Licensee does not contest charges of having sexual intercourse with a client.

LAWRENCE ARTHUR MALAKIE; BATAVIA, NY

Profession: Certified Social Worker; Lic. No. 004211; Cal. No. 12605

Regents Action Date: July 18, 1997
Action: Indefinite suspension of not less than 18 months and until terminated as set forth in consent order application, after the period of actual suspension, probation 1 year, $1,000 fine.
Summary: Licensee does not contest charges of having sexual intercourse with a client.

June 1997

Architecture

JOHN PETER KNAUTH (A/K/A KNAUTH JOHN); AMHERST, NY

Profession: Architect; Lic. No. 011762; Cal. No. 16646

Regents Action Date: June 12, 1997
Action: Censure and Reprimand, $500 fine.
Summary: Licensee admits charges of the unauthorized affixing of his signature and seal to a master site plan.

Chiropractic

CHARLES J CANCELLIERI; MELVILLE, NY

Profession: Chiropractor; Lic. No. 004628; Cal. No. 15530

Regents Action Date: June 12, 1997
Action: 2 year suspension, execution of 21 months of suspension stayed, actual suspension shall commence on July 1, 1997 and shall conclude on September 30, 1997, probation 2 years, $2,500 fine.
Summary: Licensee does not contest charges of touching a patient's breasts for no legitimate chiropractic purpose.

CANCELLIERI CHIROPRACTIC PC; MELVILLE, NY

Profession: Professional Service Corporation; Cal. No. 15573

Regents Action Date: June 12, 1997
Action: 2 year suspension, execution of suspension stayed, probation 2 years.
Summary: Licensee does not contest charges of touching two patients' breasts for no legitimate purpose.

EDWARD J LAUTERBACH PC; PEEKSKILL, NY

Profession: Professional Service Corporation; Cal. No. 13825

Regents Action Date: June 12, 1997
Action: 24 month suspension, execution of last 21 months of suspension stayed.
Summary: Licensee was found guilty of certifying tests that he did not perform and certifying the gait of a patient as normal when it was abnormal.

EDWARD J LAUTERBACH; WAPPINGERS FALLS, NY

Profession: Chiropractor; Lic. No. 001902; Cal. No. 13824

Regents Action Date: June 12, 1997
Action: 24 month suspension, execution of last 21 months of suspension stayed, probation 12 months.
Summary: Licensee was found guilty of certifying tests that he did not perform and certifying the gait of a patient as normal when it was abnormal.

Dentistry

DANIEL C KACZOR; BLASDELL, NY

Profession: Dentist; Lic. No. 024512; Cal. No. 16614

Regents Action Date: June 12, 1997
Action: Revocation, execution of revocation stayed, probation 2 years, $5,000 fine, 100 hours of public service.
Summary: Licensee admits charges of having been convicted of Offering a False Instrument of Filing in the Second Degree, a class A misdemeanor.

JAMES NELSON LIEMBERGER; CLARENCE, NY

Profession: Dentist; Lic. No. 035381; Cal. No. 16529

Regents Action Date: June 12, 1997
Action: 1 year suspension, execution of suspension stayed, probation 1 year, $1,000 fine.
Summary: Licensee admits charges of perforating the gumwall of a patient's tooth and failing to properly treat the patient when she complained of pain and discomfort.

MARK MERGLER DDS PC; NEW YORK, NY

Profession: Professional Service Corporation; Cal. No. 16606

Regents Action Date: June 12, 1997
Action: $500 fine, probation 2 years.
Summary: Licensee admits charges of making errors on insurance claims.

HOWARD B MARSHALL; NEW YORK, NY

Profession: Dentist; Lic. No. 023288; Cal. No. 14736

Regents Action Date: June 12, 1997
Action: Censure and Reprimand.
Summary: Licensee was found guilty of wrongfully using the title "specialist in implant dentistry."

MARK J MERGLER; AND LONG ISLAND CITY, NY

Profession: Dentist; Lic. No. 033031; Cal. No. 16605

Regents Action Date: June 12, 1997
Action: $500 fine, probation 2 years.
Summary: Licensee admits charges of errors on insurance claims.

DAVID MOLHO; NEW YORK, NY

Profession: Dentist; Lic. No. 024118; Cal. No. 16533

Regents Action Date: June 12, 1997
Action: Suspension until served at least 3 months of suspension and until terminated as set forth in consent order application - upon termination of suspension, probation 3 years, $10,000 fine, 100 hours of public service.
Summary: Licensee admits charges of having been convicted of the crime of Sexual Abuse in the Second Degree, a class A misdemeanor.

Nursing

BONITA M CALDWELL (A/K/A TRIPP BONITA MARIE); ITHACA, NY

Profession: Registered Professional Nurse; Lic. No. 256021; Cal. No. 16404

Regents Action Date: June 12, 1997
Action: 2 month suspension - following the period of suspension, probation 3 years, $500 fine.
Summary: Licensee admits charges of being convicted of Criminal Impersonation in the Second Degree, a Class Misdemeanor on each occasion.

SHARON L CARLSON (A/K/A JUBREY SHARON LYNN); EAST GREENBUSH, NY

Profession: Registered Professional Nurse; Lic. No. 434844; Cal. No. 16729

Regents Action Date: June 12, 1997
Action: 6 month suspension - upon service of suspension, probation 3 years.
Summary: Licensee admits charges of being convicted of Conspiracy in the Fourth Degree, a class E felony.

DAWN A DEFOREST; MT. UPTON, NY

Profession: Licensed Practical Nurse; Lic. No. 227862; Cal. No. 16664

Regents Action Date: June 12, 1997
Action: 1 year suspension, execution of suspension stayed, probation 1 year to commence upon return to practice.
Summary: Licensee admits charges of physical abuse of a patient.

ALICIA ASUNCION R FLORENDO; JERSEY CITY, NJ

Profession: Licensed Practical Nurse; Lic. No. 170022; Cal. No. 15547 369302 15548

Regents Action Date: June 12, 1997
Action: 2 year suspension, execution of suspension stayed, probation 2 years, $1,000 fine.
Summary: Licensee admits charges of failing to use an infusion pump when administering an intravenous solution to a premature infant and failing to properly monitor the rate of infusion.

D G GRENDA (A/K/A GRENDA GREGG D); GRAND ISLAND, NY

Profession: Registered Professional Nurse; Lic. No. 375744; Cal. No. 16155

Regents Action Date: June 12, 1997
Action: 2 year suspension, execution of suspension stayed, probation 2 years, $500 fine.
Summary: Licensee admits charges of failing to use proper care in transporting a patient to her room which caused the patient to suffer physical injury.