On February 21, 2024 a Exhibit,Appendix was filed involving a dispute between Aderonke Ojerinde, Alice Kwane Frempong, Anita Barbara Asamoah, Awal Mohammad Rahaman, Bartholomew Ezem, Beatrice Leste, Brenda Andrews, Camille Alexa Joasil, Celestine Chi Aririguzoh, Charity Akakpo, Charyl Pilgrim, Christian Nwankwo, Elizabeth King-Nabi, Emmanuel Tetteh, Ese Okoko, Eucharia Nweguah Nasah, Frances Linda Ojeifo, Gaytreedebie Boedhai, Jacqueline Boamah-Bright, Jennifer Okoro, Joana Amoafo Dofoo, Johan Nesbitt, Johnnet Korvah, Jolette Pasteur, Joyce Chambers, Julene Alexander, Kadiatu Sei-Bureh, Karen Saulong, Keshia Porter, Lisabeth Johnson, Louise Gelin, Mabel Boakye, Marcus Fairclough, Maria Sokolo, Mark Gyau, Miatta Soko, Micaela Haywood, Mike Jenny Veillard, Nneka Nzekwu, Okema Torey, Omehvy George, Prince Adeparusi, Rebecca Agyeiwaa Annoh, Regina Nkechi Emmanuel, Rose Freeman, Salamat Yusifu, Scholastica Tandongfor, Soeurette Colin, Sofia Lamarre, Sonia Jones, Stella Agyenim Boateng, Sunday Odeh, Theodora Alexander, Veronique Lahens, and Betty A. Rosa In Her Capacity As Commissioner Of The New York State Education Department, David Hamilton In His Official Capacity As The Assistant Commissioner For Professional Licensing And Practice For The Nys Dept. Of Education Office Of Professions, New York State Education Department, New York State Office Of The Professions, Sarah Benson In Her Official Capacity As Deputy Commissioner Of The Nys Dept. Of Education And As The Official Heading The Office Of The Professions, for Special Proceedings - CPLR Article 78 in the District Court of Albany County.
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FILED: ALBANY COUNTY CLERK 02/21/2024 11:40 AM INDEX NO. 901869-24 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 02/21/2024 Jesse B. Baldwin, Esq. jbaldwin@acbfirm.com VIA EMAIL: OPDPLS@nysed.gov David Hamilton, LMSW Assistant Commissioner, OP State Education Department RE: Nursing license inquiries Dear Mr. Hamilton: This office has been retained to represent 41 Registered Professional Nurses and Licensed Practical Nurses who have received correspondence from you asking them to surrender their licenses based on the nursing schools they attended in Florida. The names of the nurses we represent are stated in the attached Exhibit A. There are an additional 8 nurses who are in the process of retaining my office to represent them as well. The names of the nurses who are in the process of retaining us are listed in the attached Exhibit B. We have taken preliminary information from each and every one of our clients, and those nurses who are in the process of becoming same, regarding their nursing education, training, and experience. All the RNs graduated a program in nursing approved by the licensing authority in Florida as preparation for practice as a registered professional nurse. See Commissioner’s Regulation 64.1(a)(2). All the LPNs listed on the attached exhibits graduated from a program in nursing approved by the licensing authority of the State of Florida as preparation for practice as a licensed practical nurse. See Commissioner’s Regulation 64.1(b)(1). After graduation, all these nurses passed the necessary examinations and submitted the appropriate applications and fees for licensure in New York. Each of these nurses is appropriately licensed to practice in the State of New York, and they cannot be deprived of their licenses without due process. The nurses listed on the attached exhibits did not “purchase” their nursing degrees or credentials of any kind, nor did they participate in any fraud regarding their qualifications and experience. If there was any fraud at issue here, these nurses are the victims, not the culprits. While the details of their educational experiences vary, all of them completed classroom instruction, some remote and some live. All of them had clinical instruction. All of them took examinations at nursing school, and then sat for and passed the necessary examinations for licensing in New York. All of them have gone on to gain additional clinical experience in their respective fields. Many of the RNs continued their nursing education and completed a BSN at schools that are still accredited and in operation. 5680 Main Street | Buffalo, New York 14221 716-466-1476 | www.acbfirm.com EXHIBIT B - 2.14.2023 Baldwin - Hamilton ltr (redacted) FILED: ALBANY COUNTY CLERK 02/21/2024 11:40 AM INDEX NO. 901869-24 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 02/21/2024 Jesse B. Baldwin, Esq. jbaldwin@acbfirm.com Accordingly, the public health, safety and welfare do not imperatively require emergency action against their licenses. The mere fact that they attended schools in Florida that have since closed and may have fraudulently sold credentials to some other unidentified individuals does not change the fact that these nurses are qualified under New York law, and it certainly does not establish the type of emergency required for summary suspension. My clients wish to cooperate with the Department and to address the Department’s understandable concerns arising from the Nightingale investigation and prosecutions in Florida. I have been collaborating with Attorney Amy Kulb, whom I understand represents several nurses in circumstances similar to those of my clients. Ms. Kulb and I would like to schedule a conference with you to discuss these matters. In the meantime, we ask that you please refrain from initiating any proceedings against our clients or the nurses who are in the process of becoming same, to allow us time to work with you toward a reasonable resolution. Thank you. Very truly yours, ADDELMAN CROSS & BALDWIN, PC Jesse B. Baldwin JBB/ba 5680 Main Street | Buffalo, New York 14221 716-466-1476 | www.acbfirm.com EXHIBIT B - 2.14.2023 Baldwin - Hamilton ltr (redacted) FILED: ALBANY COUNTY CLERK 02/21/2024 11:40 AM INDEX NO. 901869-24 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 02/21/2024 ADDELMAN CROSS & BALDWIN, PC Jesse B. Baldwin. Esq. jbaldscin ji acbfirn1.con1 EXHIBIT A FULLY RETAINED M. Akakpo, Charity Alexander, Theodora Andrews, Brenda Emmanuel, Regina Frem on Alice Kwane Ge , Louise Geor e, Omehvy Joasi , Cami e Alexa Johnson, Lisabeth Jones, Sonia Leste, Beatrice Nesbitt, Johan Ojerinde, Aderonke Okoko, Ese Pasteur, Jolette Pilgrim, Charyl Seibureh, Kadiacu EXHIBIT B - 2.14.2023 Baldwin - Hamilton Itr (redacted) FILED: ALBANY COUNTY CLERK 02/21/2024 11:40 AM INDEX NO. 901869-24 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 02/21/2024 Jesse B. Baldwin, Esq. jbaldwin@acbfirm.com Soko, Miatta Sokolo, Maria Tandongfor, Scholastica Yusifu, Salamat EXHIBIT B - 2.14.2023 Baldwin - Hamilton ltr (redacted) FILED: ALBANY COUNTY CLERK 02/21/2024 11:40 AM INDEX NO. 901869-24 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 02/21/2024 ADDELMAN CROSS & BALDWIN, PC Jesse B. Baldwin. Esq. jbaldscin ji acbfirn1.con1 EXHIBIT B IN THE PROCESS OF BEING RETAINED Dofoo, Joana Amafo I Veillard, Mike Jenny EXHIBIT B - 2.14.2023 Baldwin - Hamilton Itr (redacted) FILED: ALBANY COUNTY CLERK 02/21/2024 11:40 AM INDEX NO. 901869-24 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 02/21/2024 From: Jesse Baldwin To: OPDPLS@nysed.gov Cc: Beth Atwood Subject: Nursing license letters - representation and response Date: Tuesday, February 14, 2023 11:19:29 AM Attachments: 2.13.2023 JBB - Hamilton re nursing licenses - no exhibits.docx Exhibits to 2.13.2023 JBB - NYS Dept of Education.docx image001.png Good morning. Please see the attached letter and exhibits on behalf of the clients listed and in response to your correspondence. I look forward to discussing these matters with you soon. In the meantime, all of my clients listed are working on compiling information and documentation to prove their clinical training and experience. Thank you. Jesse B. Baldwin | Partner Addelman Cross & Baldwin, PC 5680 Main Street | Buffalo, New York 14221 716-868-5099 | jbaldwin@acbfirm.com | www.acbfirm.com Statement of Confidentiality: This electronic message may contain privileged or confidential information. If you are not the intended recipient of this e-mail, please delete it from your system and advise the sender. EXHIBIT B - 2.14.2023 Baldwin - Hamilton ltr (redacted)