STATE OF NEW YORK

DEPARTMENT OF STATE

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ALVIN D. GONZALEZ,

                                                Appellant

ORDER DISMISSING

-against-                                                                                              APPEAL

                                                                                                            17 DOS APP 07

DEPARTMENT OF STATE

DIVISION OF LICENSING SERVICES,

                                                Respondent.

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In a decision dated February 7, 2007, the Office of Administrative Hearings (OAH) held that Appellant, Alvin D. Gonzalez, engaged in acts of misconduct as a Notary Public by issuing a document that exceeded his authority, improperly threatening to issue a Certificate of Dishonor, and failing to cooperate with the Respondent Division of Licensing Service’s investigation of this matter. Appellant’s Notary Public commission was suspended for a period of one year.

On May 10, 2007, Appellant faxed an appeal of that decision to the Office of Counsel of the Department of State alleging the decision “did not give written notice.”

ISSUE

The timeliness of the appeal is the dispositive issue before the Secretary of State.

OPINION

Pursuant to 19 N.Y.C.R.R. § 400.2 (k), an appeal of the Administrative Law Judges’s decision must be made to the Secretary of State within 30 calendar days of receipt. The decision in this matter was served on Appellant by certified mail and he signed the return receipt on February 9, 2007. Three months after the decision below was served on him, by e-mail transmission dated May 10, 2007, Appellant faxed the instant appeal to the Department of State.

The time period for perfecting an appeal of the above referenced matter to the Secretary of State has expired and consequently, the decision below (113 DOS 07) stands as the decision of this agency.

So order on May 14, 2007.

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                                                                                    Daniel E. Shapiro

                                                                                    First Deputy Secretary of State