Department of State Licensing Decisions of Interest
Department of State, Divisions of Licensing v. James Kelly (Security Guard) Oct 2008 Approved:
Respondent answered falsely when he applied to be JFK security guard stating that he had no prior convictions. He then testified that he had answered incorrectly due to the fact that he filled out the form in a hasty fashion . He presented a recommendation letter stating he was "one of best employees." and had no further misconduct while working for the security guard company. Although the respondent was convicted of crime directly related to security guard duties, he was dismissed due to the fact that he later revealed his convictions to both the Dept. of State and the security guard agency he was working for.
Department of State, Divisions of Licensing v. Ricardo M. Collazo (Security Guard) Dec 2010 Denied:
Served as a security guard for 2 years. Respondent was convicted of crimes that bear relationship with duties of security guard and since he did not provide any explanations or mitigating evidence his license was revoked.
Department of State, Divisions of Licensing v. Maxim G. Levin (Real Estate) Nov 2008 Denied:
Convicted of health care fraud and conspiracy to distribute/possession with intent to distribute cocaine. He has completed his time with 3 years supervised release. Levin obtains no certificate of relief/good conduct. He is unable to be in real estate with a felony on his record and no certificate of relief. He is therefore disqualified from holding a real estate license.
Department of State, Divisions of Licensing v. Robert W. Robinson (Real Estate) May 2009 Denied:
Respondent made false statements on his real estate salesperson and broker application. He was guilty to attempted rape of the 1st degree and robbery of the 1st degree. Because he has been convicted of a felony and holds no certificate of relief or good conduct his license was revoked and denied.
Department of State, Divisions of Licensing v. Serena May (Notary) Nov 2009 Denied
Inaccurately indicated previous CHR on the job application. Respondent has been a notary for 4 years.Her criminal history record inclues: criminal contempt, possession of a controlled substance in the 7th degree, grand larceny in the 2nd degree. Her notary license has been revoked because it is not permissible to be a notary with a felony charge and without a certificate of relief or good conduct.
Department of State, Divisions of Licensing v. John P. Cockcroft (Cosmetology) Jan 1996 Approved:
Respondent was convicted of sodomy of the 3rd degree and endangering the welfare of a child. He was later granted a certificate of relief, completed treatment programs, and therapy. Cockcroft took full blame of actions and showed good character. The criminal events did not happen while in the barber shop and therefore the case was dismissed.
Scott Bernstein v. Department of State, Divisions of Licensing (Private Investigator) Apr 2009 Denied:
Crime included improper billing of clients. Respondent was guilty of using contracts without stating "licensed by NYDS, DLS."He was then convicted of "untrustworthiness" 5 times. His arguments are without merit and therefore the stay is denied.
Matter of Application of Raymond Campo for a License as a Security and Fire Alarm Installer March 2007 Approved:
Respondent is guilty of bank fraud, bank bribery, money laundering, false statement, and distribution of cocaine. All charges besides the distribution charge involve a loan for a Small Business Administration. After being incarcerated for 6 years he was granted a certificate of relief and was thus was granted a license.
Matter of Application of Marion A. Marston for a License as Cosmetologist April 2000 Approved:
Respondent was charged of criminal possession of a weapon in the 3rd degree after pointing an unregistered gun at her physically abusive then husband. Marston was then granted a certificate of relief and was therefore granted renewal of license.
Matter of Application of Steven Broadnax for a License as a Watch, Guard, and Patrol Agent Oct 2007 Approved:
When asked if he had been convicted of a crime within the state the respondent answered yes. He had previously been convicted of attempted reckless endangerment of the 1st degree, criminal mischief: intent to damage property, and coercion: threat of physical injury. He was later granted a certificate of relief, now has custody of child and is considered a "family man" Broadnax had others testify that they had noted a "change in hisdemeanor". He was granted the license due to good character and integrity.
Matter of Application of Justin J. Fletcher for a License as a Real Estate Appraiser Assistant Nov 2007 Approved:
Respondent answered yes to whether he had committed a crime in state. Fletcher was guilty of sexual abuse in the 1st degree (had "consensual" relationship w/ uncle's 9 year old step daughter when he was 19). Respondent had worked full-time at appraisal services for over 6 years and received promotions within that time. He received a certificate of relief and was granted his license.
Matter of Application of Stanley J. Gongol for Renewal of a License to Practice Barbering and the Complaint of the Decision Sept 1992 Approved:
Licensed barber for approximately 25 years. Applied for renewal of license. Guilty of sexual abuse in the 1st degree. Respondent was accused of a "fabricated story" his wife had come up with involving the sexual abuse of their 4 year old daughter one week after she was denied a divorce. Although the respondent repeatedly denied the allegations he agreed to the "Alford Plea" in order to spare his daughter the trauma of testifying. Although this was considered a crime of moral turpitude he was not sentenced to jail. Gongol was granted a certificate of relief and was therefore granted license renewal.
Matter of Application of Kyle P. Sabo for a License as a Home Inspector December 2007 Approved:
Guilty of rape in the 3rd degree and sodomy of the 3rd degree (consensual relationship w/ his 15 year old student). Respondent served 10 years of probation and was granted a certificate of relief. Because Sabo was not committed of a crime involving bribery, fraud, theft or perjury he was granted the license.
Timothy Phelps Applicant for an Appearance Enhancement License v. Division of Licensing Services June 2004 Approved:
Guilty of sexual abuse of the 1st degree. The respondent was granted a certificate of relief after completing a sex offender program in Ontario county.He was said to have never missed a sex therapy session and his rehabilitation was concluded to be successful and so he was granted the license.
Matter of the Application of David Persaud For Renewal of a Commission as a Notary Public May 1997 Denied:
Stated yes when asked if the respondent had committed a crime instate (DWI). He was granted a certificate of relief; however the certificate stated "notary republic" instead of "notary public". It is unclear whether the license was denied for this reason or if it was because at the time a certificate of relief did not lift the bar for a notary public.