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.
For full print and download access, please subscribe at https://www.trellis.law/.
Please wait a moment while we load this page.
Preview
FILED: ALBANY COUNTY CLERK 02/21/2024 11:40 AM INDEX NO. 901869-24 NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 02/21/2024 Jesse B. Baldwin, Esq. jbaldwin@acbfirm.com January 21, 2024 VIA EMAIL: OPDPLS@nysed.gov David Hamilton, LMSW Assistant Commissioner, OP State Education Department RE: Nursing license inquiry on behalf of Rose Nyenah Freeman RN License No. 742985 Dear Mr. Hamilton: This office has been retained to represent Rose Nyenah Freeman who received correspondence from you asking her to surrender her license based on the nursing school she attended in Florida. Nurse Freeman has been licensed as an RN in New York since December 5, 2017. We have taken preliminary information from Ms. Freeman regarding her nursing education, training, and experience. Nurse Freeman graduated from 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). After graduation, she passed the necessary examinations and submitted the appropriate applications and fees for licensure in New York. Nurse Freeman is appropriately licensed to practice in the State of New York and cannot be deprived of her license without due process. Ms. Freeman did not “purchase” her nursing degree or credentials of any kind, nor did she participate in any fraud regarding her qualifications and experience. If there was any fraud at issue here, Nurse Freeman is the victim, not the culprit. Nurse Freeman is entitled to retain her RN license. She obtained this license in full compliance with applicable law. She completed the educational requirement for licensure in accordance with Commissioner’s Reg. 64.1 by completing a program in nursing approved by the licensing authority of Florida for practice as a Registered Professional Nurse. She was authorized to sit for the NCLEX and passed the exam. These were the legal requirements for obtaining her RN license. Absent any fraud on her part, there is no basis to take her license from her. Although Commissioner’s Reg. 64.1(a)(2) has since been amended to change the requirements and allow the Department to determine another State’s nursing program to be unsatisfactory, this does not change the fact that Nurse Freeman satisfied the regulatory 5680 Main Street | Buffalo, New York 14221 716-475-9533 | www.acbfirm.com EXHIBIT FF - Freeman, R - 1.21.2024 Baldwin - NYSED FILED: ALBANY COUNTY CLERK 02/21/2024 11:40 AM INDEX NO. 901869-24 NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 02/21/2024 requirements in place at the time, which was long before April 18, 2023, the effective date of the regulatory change approved by the Regents at the April 2023 meeting. Since Nurse Freeman already had a lifetime right to her license obtained before this change, the regulatory change cannot be applied to her retroactively. My client wishes to cooperate with the Department and to address the Department’s understandable concerns arising from the Nightingale investigation and prosecutions in Florida. 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 my client 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 EXHIBIT FF - Freeman, R - 1.21.2024 Baldwin - NYSED FILED: ALBANY COUNTY CLERK 02/21/2024 11:40 AM INDEX NO. 901869-24 NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 02/21/2024 Very truly yours, ADDELMAN CROSS & BALDWIN, PC Jesse B. Baldwin JB/ba EXHIBIT FF - Freeman, R - 1.21.2024 Baldwin - NYSED FILED: ALBANY COUNTY CLERK 02/21/2024 11:40 AM INDEX NO. 901869-24 NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 02/21/2024 From: Beth Atwood To: OPDPLS Cc: Jesse Baldwin Subject: Rose Nyenah Freeman, RN License No. 742985 - letter of representation Date: Sunday, January 21, 2024 1:51:00 PM Attachments: Freeman 1.21.2024 JBB - Hamilton re nursing license.pdf image001.png Dear Mr. Hamilton – Attached is our letter of representation on behalf of our client, Rose Nyenah Freeman, RN License No. 742985. Beth Atwood | Litigation Paralegal Addelman Cross & Baldwin, PC 5680 Main Street | Buffalo, New York 14221 716-466-1476 | batwood@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 FF - Freeman, R - 1.21.2024 Baldwin - NYSED