A selection of Administrative Law Judge decisions regarding Notary Publics. The decisions are sorted in ascending chronological order.
PLEASE NOTE: All decisions are posted in PDF format. In order to view these documents, you must have Adobe Acrobat Reader installed on your machine. To learn how to download Adobe's Acrobat Reader, go to Acrobat PDF File Download Information.
Department of State, Division of Licensing Services v. Claudia Tavernese
76 DOS 93 - April 28, 1993 - (15.7KB PDF file) (4 pages)
The complaint alleges that the respondent affixed her signature and notary stamp to two documents without the purported signatory appearing before her and acknowledging his signature, while having reason to know that the signatures were not genuine.
Department of State, Division of Licensing Services v. John P. DeLessio
11 DOS 94 - February 15, 1994 - (16KB PDF file) (6 pages)
The complaint in the matter alleges that the respondent engaged in acts of misconduct by administering oaths and/or receiving and certifying acknowledgements prior to being commissioned as a notary public, by holding himself out to the public as being entitled to act as a notary public without having first been so appointed, and by acting as a notary public with regards to a designating petition promoting his own candidacy for public office.
Department of State, Division of Licensing Services v. James Shanahan
44 DOS 94 - April 12, 1994 - (14KB PDF file) (3 pages)
The complaint seeks the revocation of the respondent's commission as a
notary public based on the allegation that in spite of the fact that he had
previously been convicted of Forgery 2nd degree, Criminal Possession of a
Forged Instrument 2nd degree, and Offering a False Instrument for Filing 2nd
degree, that commission was inadvertently renewed on April 30, 1993.
Department of State, Division of Licensing Services v. Anne D'Elia
December 21, 1995 - (10KB PDF file) (2 pages)
The issue before the tribunal is whether the respondent engaged in
an act of misconduct as a notary public by notarizing a signature
although the purported signatory did not appear before her.
In the matter of the Application of Donna DeFrancesco
1 DOS 95 - January 4, 1995 - (16KB PDF file) (4 pages)
The issue before the tribunal is whether, in light of her
conviction of a felony, the applicant should be granted renewal of
her commission as a notary public.
Department of State, Division of Licensing Services v. Christine W. Caputo
37 DOS 95 - February 22, 1995 - (15KB PDF file) (4 pages)
The complaint alleges that the respondent affixed her
signature and notary stamp to a deed and two affidavits although
one of the purported signatories of the documents did not appear
before her.
In the matter of the Application of Norman F. Russakoff
60 DOS 95 - April 6, 1995 - (15KB PDF file) (4 pages)
The issue before the tribunal is whether, in light of the facts underlying his disbarment, the applicant should be granted renewal of his commission as a notary public.
In the matter of the Application of Sidney Baumgarten
131 DOS 95 - October 12, 1995 - (12.8KB PDF file) (3 pages)
The issue before the tribunal is whether the applicant should be denied
renewal of his commission as a notary public because of the circumstances
which resulted in his suspension from the practice of law.
Department of State, Division of Licensing Services v. Patricia Perkinson
166 DOS 95 - December 21, 1995 - (14KB PDF file) (3 pages)
The complaint alleges that the respondent notarized the acknowledgement portions of two blank forms; that she failed to place on the forms the date of her notarial act or the names of the persons who purportedly appeared before her; that the signatures of the alleged signatories were subsequently forged on the documents, which were then filed in Surrogate's Court; that the purported signatories did not appear before the respondent and did not acknowledge their signatures to her; that the purported signatories suffered pecuniary damages as a result of the respondent's acts; and that by reason thereof the respondent is guilty of engaging in acts of professional misconduct.
In the matter of the Application of John E. Buis
January 15, 1997 - (10KB PDF file) (2 pages)
The issue before the tribunal is whether the applicant should be denied a commission as a notary public because of a prior criminal conviction.
Department of State, Division of Licensing Services v. Seth Roberts
61 DOS 97 - March 11, 1997
The complaint alleges that the respondent, a notary public, notarized four documents without the affiant appearing before him or acknowledging her signatures, charged an excessive fee for the notarizations ($40.00), and that his customary practice is to charge $10.00 for each notarization that he performs.
In the matter of the Application of David Persaud
157 DOS 97 - May 22, 1997 - (13KB PDF file) (3 pages)
The issue before the tribunal is whether, in light of his
conviction of a felony, the applicant should be granted renewal of
his commission as a notary public.
In the matter of the Application of Leonard Messinger
165 DOS 97 - June 3, 1997 - (16KB PDF file) (4 pages)
The issue before the tribunal is whether the applicant should be denied a commission as a notary public because he has been convicted of a felony and has not received a Certificate of Good Conduct or an Executive Pardon.
Department of State, Division of Licensing Services v. W. Joseph Embser
240 DOS 97 - July 1, 1997 - (15KB PDF file) (4 pages)
The complaint alleges that, as established by a decision and an order of disbarment issued by the New York State Supreme Court, Appellate Division, Fourth Judicial Department, the respondent misused and misappropriated funds belonging to an estate, failed to enter into a retainer agreement with the executrix, failed to submit any billing statements to the executrix, benefitted by his neglect of the estate by issuing checks against the estate funds payable to himself after the death of the executrix, and failed to seek court approval for advance payment of attorney's fees or commissions for his services as executor of the executrix's estate, and by reason thereof seeks the revocation of the respondent's license as a real estate broker and commission as a notary public.
Department of State, Division of Licensing Services v. Alan P. Joseph
41 DOS 98 - February 4, 1998 - (11KB PDF file) (2 pages)
The complaint in the matter alleges that respondent has been suspended from the practice of law, and that because of his having qualified for a commission as a notary public on the basis of his status as an attorney, and because of the conduct underlying both his suspension and a prior decision in which he was suspended as an attorney and the suspension was stayed, his commission as a notary public should be revoked.
Department of State, Division of Licensing Services v. Jeffrey T. Canale
45 DOS 98 - February 4, 1998 - (11KB PDF file) (2 pages)
The complaint alleges that, as established by an opinion and an order of suspension issued by the New York State Supreme Court, Appellate Division, Third Judicial Department, the respondent was suspended as an attorney and thereby ceased to be eligible to be commissioned as a notary public inasmuch such commission was granted to him solely because of his status as an attorney, and that the findings in the opinion and order demonstrate that the respondent has
demonstrated untrustworthiness and the lack of the requisite character and fitness to be commissioned, and by reason thereof seeks the revocation of the respondent's commission.
Department of State, Division of Licensing Services v. Donna M. Quinn
46 DOS 98 - February 4, 1998 - (11KB PDF file) (2 pages)
The complaint alleges that, as established by an opinion and an order of disbarment issued by the New York State Supreme Court, Appellate Division, Third Judicial Department, the respondent was disbarred as an attorney and thereby ceased to be eligible to be commissioned as a notary public inasmuch such commission was granted to her solely because of her status as an attorney, and that the findings in the opinion and order demonstrate that the respondent has
demonstrated untrustworthiness and the lack of the requisite character and fitness to be commissioned, and by reason thereof seeks the revocation of the respondent's commission.
Department of State, Division of Licensing Services v. Nathan Frankel
141 DOS 98 - May 22, 1998 - (13KB PDF file) (3 pages)
The complaint alleges that the respondent, a notary public, notarized a forged deed, the purported signatory of which never appeared before the respondent.
Department of State, Division of Licensing Services v. Norman L. Yellon
171 DOS 98 - June 10 and 15, 1998 - (12KB PDF file) (3 pages)
The complaint alleges that the respondent repeatedly notarized documents for filing in public offices through the use of a fraudulent notary public registration number and stamp.
Department of State, Division of Licensing Services v. Emmanuel Baille
29 DOS 99 - December 14, 1998 and February 18, 1999 - (13KB PDF file) (3 pages)
The complaint alleges that the respondent, a notary public, notarized a power of attorney although the signatory did not appear before him, failed to specify the day on which he notarized the document, and improperly charged $4.00 for the notarization.
Department of State, Division of Licensing Services v. Emanuel Kohn
148 DOS 99 - June 15, 1999 - (19KB PDF file) (5 pages)
The complaint alleges that the respondent notarized a forged signature on a document without the purported signatory appearing before him and taking an oath, failed to indicate the purpose for which his notary stamp was affixed to the document, and refused to cooperate with the complainant's investigation of the matter.
In the matter of the Application of Joseph Manzi
274 DOS 99 - November 10, 1999 - (22KB PDF file) (6 pages)
The issue before the tribunal is whether the applicant should
be denied a commission as a notary public because of a criminal
conviction.
Department of State, Division of Licensing Services v. Mark D. Deinhart
259 DOS 99 - November 3, 1999 - (12KB PDF file) (2 pages)
The complaint alleges that the respondent, formerly a commissioned notary public, was disbarred, and that by reason thereof his commission should be revoked.
Department of State, Division of Licensing Services v. Lina Weatherwax
6 DOS 00 - January 6, 2000 - (10KB PDF file) (2 pages)
The complaint alleges that the respondent, a notary public, has been convicted of a crime and that she failed to disclose that conviction on her renewal application for the 1999 to 2001 licensing period, and that by reason thereof she is guilty of misconduct or incompetence pursuant to Executive Law §130.
In the matter of the Application of William E. Rosen
158 DOS 00 - March 7, 2000 - (13KB PDF file) (3 pages)
The issue before the tribunal is whether, in light of the facts underlying his disbarment, the applicant should be granted a commission as a notary public.
In the matter of the Application of Ronald E. Wolfe
419 DOS 00 - August 2, 2000 - (12KB PDF file) (3 pages)
The issue before the tribunal is whether the applicant's application for renewal of his commission as a notary public should be denied because the actions and circumstances surrounding the denial of his private investigator's license indicate a lack of competence.
