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FOR IMMEDIATE RELEASE

November 9, 2018
For More Information Contact:

JP O’Hare or Jeanne Beattie

(518) 474-1201

www.nysed.gov

NYSED Seal

Regents Actions In 45 Professional Discipline Cases And 1 Restoration Petition

November 5 - 6, 2018

The Board of Regents announced disciplinary actions resulting in the surrender of 10 licenses and 35 other disciplinary actions. The penalty indicated for each case relates solely to the misconduct set forth in that particular case.  In addition, the Board acted upon 1 restoration petition.  

I. SURRENDERS

Massage Therapy

Abi’l-Khayr; Massage Therapist; Albany, NY 12202; Lic. No. 024791; Cal. No. 30785; Application to surrender license granted. Summary: Licensee did not contest the charge of conduct in the practice of a profession which evidences moral unfitness to practice the profession.

Nursing

Candace A. Seelbinder; Licensed Practical Nurse; Albion, NY 14411-9399; Lic. No. 313688; Cal. No. 29761; Application to surrender license granted. Summary: Licensee admitted to the charge of having been convicted of Rape in the 3rd Degree.

Robert Andrew Mulpagano; Licensed Practical Nurse, Registered Professional Nurse; Baldwinsville, NY 13027; Lic. Nos. 218636, 463105; Cal. Nos. 30644, 30645; Application to surrender licenses granted. Summary: Licensee did not contest charges of withdrawing controlled substances without a physician’s order and having been convicted of Fraud and Deceit Related to Controlled Substances, a class A misdemeanor.

Amy Sue Swan; Licensed Practical Nurse; Moneta, VA 24121; Lic. No. 156423; Cal. No. 30771; Application to surrender license granted. Summary: Licensee admitted to the charge of crying in the presence of residents, being unable to focus on providing care to residents and admitting to showing up for work hung over after consuming alcohol every evening in the State of Virginia.

Denise Chretien a/k/a Denise Chretien Nelson; Licensed Practical Nurse; Glens Falls, NY 12801; Lic. No. 094380; Cal. No. 30814; Application to surrender license granted. Summary: Licensee did not contest the charge of self-prescribing medication.

Kathleen OConnor McMurray; Registered Professional Nurse; Houston, TX 77044-7274; Lic. No. 299838; Cal. No. 30825; Application to surrender license granted. Summary: Licensee did not contest the charge of administering an unscheduled dose of the controlled drug Morphine to an infant patient while employed as a registered nurse in the State of Texas.

Crista Marrington; Registered Professional Nurse; Gillette, WY 82718; Lic. No. 388099; Cal. No. 30837; Application to surrender license granted. Summary: Licensee did not contest the charge of Wyoming discipline.

Public Accountancy

Domenick Frederick Consolo; Certified Public Accountant; Yorktown Heights, NY 10598; Lic. No. 065338; Cal. No. 30803; Application to surrender license granted. Summary: Licensee did not contest the charge of consenting to an Order of the U.S. Securities and Exchange Commission (SEC) revoking his right to appear or practice as an accountant before the SEC based on a violation of audit standards.

Social Work

Gilberto Suero; Licensed Clinical Social Worker; Bronx, NY 10453; Lic. No. 079954; Cal. No. 30481; Application to surrender license granted. Summary: Licensee admitted to the charge of having been convicted of Sexual Abuse in the 2nd Degree.

II. OTHER REGENTS DISCIPLINARY ACTIONS

Clinical Laboratory Technology

Ashlee Lynn Chmiel; Certified Clinical Laboratory Technician; Lewiston, NY 14092; Cert. No. 003012; Cal. No. 30579; Application for consent order granted; Penalty agreed upon: 2 years stayed suspension, 2 years probation to commence upon return to practice, $250 fine.

Dentistry

Madelon Murphy; Dentist; Scarsdale, NY 10583; Lic. No. 043027; Cal. No. 30351; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $1,500 fine.

Amit Kiran Dhar; Dentist; New Hyde Park, NY 11040; Lic. No. 045357; Cal. No. 30487; Application for consent order granted; Penalty agreed upon: Censure and Reprimand, $1,000 fine.

Michele Cahill; Dental Hygienist; Beacon, NY 12508; Lic. No. 020885; Cal. No. 30634; Application for consent order granted; Penalty agreed upon: 2 months actual suspension, 22 months stayed suspension, 2 years probation, $500 fine.

Dietetics-Nutrition

Amy E. Konopka; Certified Dietitian/Nutritionist; Scottsville, NY 14546; Cert. No. 006590; Cal. No. 30477; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $500 fine.

Mental Health Practitioners

Kimberly A. Mullineaux; Licensed Mental Health Counselor; Wilmington, NC 28412; Lic. No. 004968; Cal. No. 30373; Application for consent order granted; Penalty agreed upon: Indefinite actual suspension for no less than one year and until mentally fit to practice, upon termination of suspension, 2 years probation to commence upon return to practice in the State of New York, $500 fine.

Binyamin Matisyahu Stimler; Licensed Mental Health Counselor; Brooklyn, NY 11218; Lic. No. 004486; Cal. No. 30448; Application for consent order granted; Penalty agreed upon: 12 months actual suspension, 1 year stayed suspension, 2 years probation, $1,000 fine.

Nursing

Melissa L. Tomaski; Licensed Practical Nurse; Elma, NY 14059; Lic. No. 269004; Cal. No. 28848; Application for consent order granted; Penalty agreed upon: 1 month actual suspension, 23 months stayed suspension, 2 years probation to commence upon return to practice, $500 fine.

Kimberly Ann Spiteri; Registered Professional Nurse; East Meadow, NY 11554-3722; Lic. No. 548052; Cal. No. 29019; Found guilty of professional misconduct; Penalty: Actual suspension until substance abuse-free and fit to practice, upon termination of suspension, 2 years probation.

Siobhan Marie Pollock; Registered Professional Nurse; Rochester, NY 14612; Lic. No. 667758; Cal. No. 30301; Application for consent order granted; Penalty agreed upon: 2 years stayed suspension, 2 years probation, $500 fine.

Mercedes Francesca Wagstaff; Licensed Practical Nurse, Registered Professional Nurse; Buffalo, NY 14212; Lic. Nos. 265637, 549602; Cal. Nos. 30334, 30335; Application for consent order granted; Penalty agreed upon: 2 years stayed suspension, 2 years probation, $500 fine.

Katherine Marie Rorick; Licensed Practical Nurse; Oneonta, NY 13820-1142; Lic. No. 311234; Cal. No. 30430; Application for consent order granted; Penalty agreed upon: 2 years stayed suspension, 2 years probation, $500 fine.

Rebecca Grace D'Amore; Registered Professional Nurse, Nurse Practitioner (Pediatrics); Massapequa, NY 11758; Lic. No. 488995, Cert. No. 381591; Cal. Nos. 30461, 30462; Application for consent order granted; Penalty agreed upon: Actual suspension for a minimum of 6 months and until sucessfully participate in course of therapy and treatment and until fit to practice, upon termination of suspension, 2 years probation to commence upon return to practice.

Elizabeth M. Rodriguez; Licensed Practical Nurse; Henrietta, NY 14467; Lic. No. 297183; Cal. No. 30468; Application for consent order granted; Penalty agreed upon: 2 years stayed suspension, 2 years probation, $500 fine.

Deborah Hilton Lane; Licensed Practical Nurse; Rochester, NY 14609; Lic. No. 111527; Cal. No. 30469; Application for consent order granted; Penalty agreed upon: 1 month actual suspension, 23 months stayed suspension, 2 years probation to commence upon return to practice, $250 fine.

Linda Robinson Nalty; Licensed Practical Nurse; Freeport, NY 11520; Lic. No. 249512; Cal. No. 30480; Application for consent order granted; Penalty agreed upon: 2 months actual suspension, 22 months stayed suspension, 2 years probation.

Monique R. Smith; Licensed Practical Nurse; Mattydale, NY 13211; Lic. No. 286488; Cal. No. 30488; Application for consent order granted; Penalty agreed upon: Indefinite actual suspension for no less than 1 month and until fit to practice, 2 years probation to commence upon return to practice, $500 fine.

Tammee Jo Horan-Seeley; Licensed Practical Nurse; Freeville, NY 13068-9515; Lic. No. 233143; Cal. No. 30503; Application for consent order granted; Penalty agreed upon: 1 month actual suspension, 23 months stayed suspension, 2 years probation to commence upon return to practice, $500 fine.

James Hubert Lynch; Registered Professional Nurse, Nurse Practitioner (Family Health); Shortsville, NY 14548; Lic. No. 686629, Cert. No. 339233; Cal. Nos. 30505, 30506; Application for consent order granted; Penalty agreed upon: 2 years stayed suspension, 2 years probation, $500 fine.

Jennell R. LeBeau; Licensed Practical Nurse; Appleton, NY 14008; Lic. No. 289434; Cal. No. 30515; Application for consent order granted; Penalty agreed upon: Indefinite actual suspension until fit to practice, years probation to commence upon return to practice, $250 fine.

Ekwutosi Davis a/k/a Ekwutosi Davis Akintoye; Licensed Practical Nurse; Royse City, TX 75189; Lic. No. 256674; Cal. No. 30517; Application for consent order granted; Penalty agreed upon: 2 months actual suspension, 22 months stayed suspension, 2 years probation to commence upon return to practice in the State of New York, $500 fine.

Phyllis La Russa; Licensed Practical Nurse; West Islip, NY 11795; Lic. No. 279809; Cal. No. 30537; Application for consent order granted; Penalty agreed upon: 2 years stayed suspension,2 years probation, 25 hours public service.

Farrah Louise Ostrander; Licensed Practical Nurse; Odessa, NY 14869; Lic. No. 274723; Cal. No. 30583; Application for consent order granted; Penalty agreed upon: Indefinite actual suspension for no less than 1 month and until mentally fit to practice, 2 years probation to commence upon return to practice.

Pharmacy

Jennifer M. Silk; Pharmacist; Baldwinsville, NY 13027-9016; Lic. No. 043836; Cal. No. 30285; Application for consent order granted; Penalty agreed upon: 1 month actual suspension, 23 months stayed suspension, 2 years probation, $500 fine.

Physical Therapy

Philip S. Pesce; Physical Therapist; Pottersville, NJ 07979; Lic. No. 018380; Cal. No. 30225; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation to commence upon return to practice in the State of New York, $1,000 fine.

Public Accountancy

Renée C. Lee a/k/a Renée C. Lee-Guerrido; Certified Public Accountant; Jersey City, NJ 07305; Lic. No. 106638; Cal. No. 30536; Application for consent order granted; Penalty agreed upon: 1 year stayed suspension, 1 year probation, $1,000 fine.

Steve Rosenfeld; Certified Public Accountant; Woodbury, NY 11797; Lic. No. 047841; Cal. No. 30564; Application for consent order granted; Penalty agreed upon: Partial actual suspension in auditing until successfully complete course of retraining in auditing, upon termination of partial actual suspension, 2 years probation, $2,500 fine.

George M. Cavooris; Certified Public Accountant; East Setauket, NY 11733; Lic. No. 050986; Cal. No. 30575; Application for consent order granted; Penalty agreed upon: Partial actual suspension in auditing until successfully complete course of retraining in auditing, upon termination of partial actual suspension, 2 years probation, $2,500 fine.

Barry Popick; Certified Public Accountant; Moorestown, NJ 08057; Lic. No. 026780; Cal. No. 30623; Application for consent order granted; Penalty agreed upon: Partial actual suspension in auditing until successfully complete course of retraining in  auditing, upon termination of partial actual suspension, 2 years probation, $2,500 fine.

Social Work

Nicol Jenkins; Licensed Master Social Worker, Licensed Clinical Social Worker; Watervliet, NY 12189; Lic. Nos. 067979, 079064; Cal. Nos. 30419, 30420; Application for consent order granted; Penalty agreed upon: Indefinite actual suspension for no less than 1 month and until fit to practice, 2 years probation to commence upon return to practice.

Veterinary Medicine

Mary Halcyone Jensen Fales; Veterinarian; Falconer, NY 14733; Lic. No. 007949; Cal. No. 30561; Application for consent order granted; Penalty agreed upon: 1 month actual suspension, 23 months stayed suspension, 2 years probation to commence upon return to practice, $1,000 fine.

III. RESTORATION

The Board of Regents voted on November 6, 2018 to deny the application for restoration of the physician license of David Haim Ostad, Old Westbury, NY.  Dr. Ostad’s license was surrendered effective August 31, 2005.