NYS DOS, Office of Administrative Hearings, Private Investigator Decisions
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NYS Department of State Administrative Hearings

PRIVATE INVESTIGATOR DECISIONS

A selection of Administrative Law Judge decisions regarding the Practice of Private Investigating. 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.

1991 | 1992 | 1993 | 1994 | 1996
1995 | 1997 | 1998 | 1999 | 2000

1991

  1. In the matter of the Application of Ronald Marsico For a License as a Private Investigator
    April 23, 1991 and January 28, 1993 - (18.5KB PDF file) (5 pages)
    The issue before the tribunal is whether the applicant has sufficient experience to qualify for a license as a private investigator.
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1992

  1. In the matter of the Application of Leo Smith For a License as a Private Investigator
    121 DOS 92 - July 2, 1992 - (27KB PDF file) (7 pages)
    The issues in the hearing were whether the applicant has sufficient experience to qualify for a license as a private investigator, and whether he should be denied such a license by reason of his having been convicted of a crime.
  2. Department of State, Division of Licensing Services v. Linwood Lewis
    154 DOS 92 - November 16, 1992 - (16.0KB PDF file) (4 pages)
    The complaint in the matter alleges that the respondent, a licensed private investigator, used a statement of services that failed to set forth the specific services to be performed and failed to set forth the periodic rate to be charged, and failed to maintain records of services performed which identified the person performing the services, in violation of 19 NYCRR 173.1 and 173.2.
  3. In the matter of the Application of Rico Barbagelata For a License as a Private Investigator
    December 15, 1992 - (12.6KB PDF file) (3 pages)
    The issue in the hearing was whether the applicant has sufficient experience to qualify for a license as a private investigator.
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1993

  1. In the Matter of the Application of Ronald Rogal For a License as a Private Investigator
    21 DOS 93 - March 3, 1993 - (20.2KB PDF file) (6 pages)
    The issue before the tribunal is whether the applicant has sufficient qualifying experience to be licensed as a private investigator. Specifically, it is alleged by the Division of Licensing Services that the experience submitted by the applicant was obtained as an unlicensed independent contractor and is not, therefore, qualifying.
  2. Department of State, Division of Licensing Services v. Michael A. Rago d/b/a MAR
    41 DOS 93 - March 29, 1993 - (20.8KB PDF file) (6 pages)
    The complaint in the matter alleges that the respondent, a licensed watch, guard or patrol agency: failed to properly maintain and/or file certain employee records; had in his possession a forged and/or altered pocket card identifying him as a licensed private investigator and an unapproved badge bearing his license number and the words "Private Investigator"; and conducted business as a watch, guard or patrol agency under various unlicensed trade names.
  3. Department of State, Division of Licensing Services v. Chris Dunleavy and Tri City Auto Recovery, Inc.
    44 DOS 93 - April 8, 1993 - (15.1KB PDF file) (4 pages)
    The complaint in the matter alleges that the respondents operated an unlicensed private investigator's branch office.
  4. In the matter of the Application of Charles Boyle
    45 DOS 93 - April 7, 1993 - (17.7KB PDF file) (5 pages)
    The issues in the hearing were whether the applicant has sufficient experience to qualify for a license as a private investigator, and whether his dismissal from the New York City Police Department was sufficiently explained by him to warrant the issuance of such a license.
  5. Department of State, Division of Licensing Services v. Richard Starke and its New York Security, Inc.
    59 DOS 93 - April 22, 1993 - (14KB PDF file) (3 pages)
    The complaint in the matter alleges that the respondents, licensed to engage in the business of watch, guard or patrol agency, failed to file six employee fingerprint cards within 24 hours and failed to obtain completed employee statements for nine employees, in violation of General Business Law (GBL) §§81(5) and 81(2).
  6. Department of State, Division of Licensing Services v. Evan Kenner
    84 DOS 93 - April 22, 1993 - (15.0KB PDF file) (4 pages)
    The complaint alleges that the respondent violated General Business Law (GBL) §81.1 when he employed Vincent Panzarella as an independent contractor to assist him in his work as a private investigator.
  7. In the matter of the Application of Mark McCurdy
    87 DOS 93 - May 27, 1993 - (30.0KB PDF file) (9 pages)
    The issues in the hearing were whether the applicant has established that he has sufficient qualifying experience to be issued a license as a private investigator, and whether, in light of his criminal record and dismissal from the New York City Police Department, he has the integrity and good character required to be so licensed.
  8. Department of State, Division of Licensing Services v. Combined Contract Services, Inc. and William Ansman
    108 DOS 93 - March 22 and August 3, 1993 - (25.4KB PDF file) (8 pages)
    The complaint in the matter alleges that the respondents, licensed to engage in the business of watch, guard or patrol agency: failed to obtain Employee Statements from employees; failed to obtain fingerprints of employees; failed to submit fingerprints of employees to the complainant via registered mail within twenty-four hours of employment; failed to ensure that fingerprint cards of employees were properly completed; permitted unauthorized personnel to take fingerprints of employees; and failed to maintain fingerprint cards of employees on file.
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1994

  1. In the matter of the Application of Richard G. Ruff
    May 2, 1994 - (14.4KB PDF file) (4 pages)
    The issue before the tribunal is whether the applicant has sufficient experience to qualify for a license as a private investigator.
  2. In the matter of the Application of Murray Bauer
    16 DOS 94 - February 8, 1994 - (26.6KB PDF file) (8 pages)
    The issue in the proceeding is whether the applicant should be denied renewal of his license as a private investigator because of his having been convicted of a Federal felony.
  3. In the matter of the Application of James Greene
    41 DOS 94 - March 31, 1994 - (18.1KB PDF file) (5 pages)
    The issue before the tribunal is whether the applicant is qualified to be licensed as a private investigator inasmuch as the experience with which he seeks to support his application was obtained as an independent contractor.
  4. In the matter of the Application of James Oddo
    42 DOS 94 - March 31, 1994 - (16.1KB PDF file) (4 pages)
    The issue before the tribunal was whether the applicant has sufficient experience to qualify for a license as a private investigator.
  5. In the matter of the Application of Peter L. Hoffman
    93 DOS 94 - July 14, 1994 - (23.7KB PDF file) (7 pages)
    The issue before the tribunal is whether the applicant has sufficient lawful experience to qualify for a license as a private investigator.
  6. In the matter of the Application of Eramso Sciacca
    103 DOS 94 - October 18, 1994 - (18KB PDF file) (5 pages)
    The issue before the tribunal is whether the applicant has sufficient experience to qualify for a license as a private investigator.
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1995

  1. In the matter of the Application of Richard W. McMahon
    4 DOS 95 - January 4, 1995 - (15.4KB PDF file) (4 pages)
    The issue before the tribunal is whether the applicant has sufficient experience to qualify for a license as a private investigator.
  2. In the matter of the Application of Richard J. Esposito
    4 DOS 96 - January 3, 1995 - (15.5KB PDF file) (4 pages)
    The issue before the tribunal is whether the applicant has sufficient experience to qualify for a license as a watch, guard, or patrol agency.
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1996

  1. In the matter of the Application of Abdul Rashid Zafar
    170 DOS 96 - May 1, and July 2, 1996 - (15KB PDF file) (3 pages)
    The issue before the tribunal is whether the applicant has sufficient experience to qualify for a license as a watch, guard or patrol agency.
  2. In the matter of the Application of Stephen J. Matteo
    171 DOS 96 - July 2, 1996 - (14.1KB PDF file) (4 pages)
    The proceedings involved a re-opening of a matter previously heard by the Hon. Felix Neals on August 17 and November 26, 1995, which had resulted in a decision dated March 4, 1996. In that decision, Judge Neals found that the applicant had failed to prove that he had the 36 months of qualifying experience required for the issuance of a license as a private investigator. He granted the applicant credit for 16 months, and allowed him 30 days to submit to DLS proof of additional qualifying experience obtained during the period of February, 1978 through April 20, 1994. The applicant submitted proof which did not satisfy DLS. Accordingly, pursuant to Judge Neals' decision, the applicant requested that the matter be re-opened.
  3. In the matter of the Application of John Palma
    204 DOS 96 - September 9, 1996 - (15.4KB PDF file) (4 pages)
    The issue before the tribunal is whether the applicant has sufficient experience to qualify for a license as a private investigator.    Decision - (9KB PDF file) (2 pages)
  4. In the matter of the Application of Theodore T. Phillips
    245 DOS 96 - September 30, 1996 - (20.7KB PDF file) (6 pages)
    The issue before the tribunal is whether the applicant should be denied registration as a private investigator because of a prior criminal conviction.
  5. In the matter of the Application of Jerome Bell
    264 DOS 96 - September 9 and October 21, 1996 - (15.1KB PDF file) (4 pages)
    The issue before the tribunal is whether the applicant has sufficient experience to qualify for licensure as a private investigator.
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1997

  1. Department of State, Division of Licensing Services v. Robert Mann, Worldwide Intelligence Network
    144 DOS 97 - April 15, 1997 - (13.2KB PDF file) (3 pages)
    The complaint alleges that the respondent has operated a private investigator business from a mail drop and not an office, in violation of 19 NYCRR 170.5, and failed to respond to the Department of State's requests for information, in violation of General Business Law (GBL) §73.
  2. In the matter of the Application of Stephen Daly
    206 DOS 97 - June 3, 1997 - (14KB PDF file) (3 pages)
    The issue before the tribunal is whether the applicant should be denied a license as a private investigator because the facts underlying his prior dismissal from the New York City Police Department (hereinafter "NYPD") demonstrated a lack of the trustworthiness and character required for such licensure. DLS concedes that the applicant has sufficient qualifying experience.
  3. Department of State, Division of Licensing Services v. Burton S. Borkan and Cort Investigation Bureau Inc.
    260 DOS 97 - July 8, 1997 - (14.2KB PDF file) (4 pages)
    The complaint in the matter, as amended by stipulation at the hearing, alleges that at some time the respondents employed ten security guards who either were unregistered or were not registered with the respondent.
  4. Department of State, Division of Licensing Services v. Action Crime Team Protective Services and Lonnie Johnson
    262 DOS 97 - July 29, 1997 - (14.3KB PDF file) (3 pages)
    The complaint alleges that the respondent availed his license to operate as a watch, guard, or patrol agency to an unlicensed person and enabled that person to operate under the unlicensed name of "Community Strike Force aka Action Crime Team" in violation of General Business Law (GBL) §70, that he failed to register employees of Community Strike Force (hereinafter "Community") in violation of GBL §89-g, and that he failed to supervise employees of Community in violation of 19 NYCRR 170.13.
  5. Department of State, Division of Licensing Services v. Daniel J. Yagos and DJY Investigations Security Services Inc.
    279 DOS 97 - September 22, 1997 - (8.3KB PDF file) (2 pages)
    The complaint alleges that the respondents employed eight security guards who where not properly registered.
  6. Department of State, Division of Licensing Services v. Allen S. Hertz, Individually and as Qualifying Partner of Acme Investigation Bureau
    326 DOS 97 - November 10, 1997 - (16.5KB PDF file) (5 pages)
    The complaint alleges that the respondent: Operated a private investigation business under an unlicensed name; failed to satisfy a judgement arising in the course of a regulated transaction; failed to provide an advance statement of services; failed to provide a report; failed to maintain a principal place of business; and demonstrated incompetence and untrustworthiness.
  7. In the matter of the Application of Brian Dunne
    377 DOS 97 - November 21, 1997 - (21.9KB PDF file) (6 pages)
    The issue before the tribunal is whether the applicant should be denied registration as a private investigator because of a prior criminal conviction.
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1998

  1. In the matter of the Application of Emanuel Rodrick
    7 DOS 98 - January 9, 1998 - (13.2KB PDF file) (3 pages)
    The issue before the tribunal is whether the applicant has sufficient experience to qualify for a license as a private investigator.
  2. Department of State, Division of Licensing Services v. Starr Security Services Inc., Donald Curran, Qualifying Officer
    48 DOS 98 - February 20, 1998 - (13KB PDF file) (3 pages)
    The complaint alleges that the respondent failed to exercise due diligence in the identification, employment, and registration of a security guard, and subsequently registered the same person as a security guard under a different name knowing that he had previously registered under a false name and credentials, and failed to notify the complainant thereof, thereby resulting in the issuance of a second registration for the same individual, and has thereby demonstrated incompetence and untrustworthiness.
  3. In the matter of the Application of William La Shomb
    82 DOS 98 - March 3, 1998 - (16KB PDF file) (4 pages)
    The issue before the tribunal is whether the applicant has sufficient experience to qualify for a license as a private investigator.
  4. Department of State, Division of Licensing Services v. Elite Protection Inc., Michael J. O'Neill, Qualifying Officer
    109 DOS 98 - April 20, 1998 - (13.8KB PDF file) (4 pages)
    The complaint in the matter alleges that on or about June 21, 1997 the respondents employed nineteen security guards who either were unregistered or were not registered as employees of the respondent.
  5. In the matter of the Application of Thomas Evangelista
    123 DOS 98 - April 7, 1998 - (18KB PDF file) (5 pages)
    The issue before the tribunal is whether the applicant has sufficient experience to qualify for a license as a private investigator.
  6. Department of State, Division of Licensing Services v. Jerome Davis and Enrique Sewer
    188 DOS 98 - June 23, 1998 - (28KB PDF file) (8 pages)
    The complaint against Mr. Davis alleges that he has been convicted of Offering a False Instrument For Filing in the 2nd degree, that the acts underlying the conviction demonstrate that he lacks the good character and trustworthiness to hold a commission as a notary public and to be licensed as the qualifying officer of a Watch, Guard or Patrol Agency, and that by reason thereof his notary commission should be revoked and his application to renew his license as qualifying officer of Statewide Protective Service of NY, Inc. (hereinafter "Statewide") should be denied. With regards to Mr. Sewer, the issue is whether his application for a license as a qualifying officer of Statewide should be denied because Mr. Davis is one of the owners and officers of that corporation.
  7. Department of State, Division of Licensing Services v. Richard J. Hurley
    265 DOS 98 - October 28, 1998 - (10KB PDF file) (2 pages)
    The complaint alleges that the respondent does not maintain a principal place of business within the State of New York in violation of 19 NYCRR 170.5.
  8. In the matter of the Application of Paul Mrnacaj
    298 DOS 98 - December 8, 1998 - (13KB PDF file) (4 pages)
    The issue before the tribunal is whether the applicant has sufficient experience to qualify for a license as a private investigator.
  9. Department of State, Division of Licensing Services v. Thomas J. Belluardo
    309 DOS 98 - December 14, 1998 - (12KB PDF file) (3 pages)
    The complaint in the matter alleges that the respondent, a licensed private investigator, has been convicted of various Federal felonies, and that by reason thereof his license should be revoked.
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1999

  1. Department of State, Division of Licensing Services v. Frank Monte
    53 DOS 99 - February 25, 1999 - (15KB PDF file) (4 pages)
    The complaint alleges that the respondent, a licensed private investigator: Used a statement of services which did not include either a fixed number of hours of services to be performed or a statement that no additional services were to be performed without the written authorization of the client; operated as a private investigator using a name under which he is not licensed; failed to provide a written report to a client in a timely manner; and failed to cooperate with the complainant's investigation by failing to provide it with a copy of his report to, and of receipts for payments received from, a client.
  2. In the matter of the Application of Felix A. Ugbode
    150 DOS 99 - June 29, 1999 - (10.5KB PDF file) (2 pages)
    The issue before the tribunal is whether the applicant has sufficient experience to qualify for a license as a watch, guard or patrol agency.
  3. In the matter of the Application of Gary Zimmer
    297 DOS 99 - October 28, 1999 - (23KB PDF file) (6 pages)
    The issue before the tribunal is whether the applicant should be denied licensure as a watch, guard or patrol agency because of a prior criminal conviction.
  4. In the matter of the Application of George H. Budnik
    295 DOS 99 - November 23, 1999 - (11KB PDF file) (2 pages)
    The issue before the tribunal is whether the applicant's application for renewal of his license as a private investigator should be denied because he engaged in business practices that demonstrated untrustworthiness and incompetence, and because he engaged in private investigation activity without a license.
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2000

  1. Department of State, Division of Licensing Services v. Dwayne T. Kirkland, Qualifying Officer of D.T.K.'s Quality Protection Services, Inc.
    52 DOS 00 - December 20, 1999 - (8.25KB PDF file) (2 pages)
    The complaint alleges that the respondent, a licensed private investigator, failed to refund an unearned fee and failed to cooperate with a Department of State investigation.
  2.     Decision - (14.4KB PDF file) (4 pages)
  3. In the matter of the Application of James Bales
    192 DOS 00 - March 10, 2000 - (17KB PDF file) (4 pages)
    The issue before the tribunal is whether the applicant has sufficient qualifying experience to be granted a license as a private investigator.
  4. In the matter of the Application of Carol A. Coats
    297 DOS 90 - April 25, 2000 -
    The issue before the tribunal is whether the applicant has sufficient qualifying experience to be granted a license as a private investigator.
  5. In the matter of the Application of Jerome Davis
    380 DOS 00 - June 28, 2000 - (22KB PDF file) (6 pages)
    The issue before the tribunal is whether the applicant should be denied a license as a Watch, Guard, or Patrol Agency because of a prior criminal conviction.
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