Professional Documents
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DEPARTMENT OF STATE
_________________________________________
In the Matter of the Alleged Violations of
Article 12-A of the Real Property Law and
Regulations promulgated thereunder,
CONSENT ORDER
File No(s): 2009-3055
-byORIN CUMBERBATCH, a real estate salesperson,
HARLEY E. DOLES, individual real estate broker,
HARLEY E. DOLES, corporate real estate broker (expired),
COLUMBIA RESIDENTIAL INC., real estate brokerage (expired)
LESLEY BERMAN, individual real estate broker,
LESLEY BERMAN, limited liability company real estate broker,
and
LIVING SPACE 4 U LLC., real estate brokerage
-Respondents_________________________________________________
A.
The New York State Department of State, Division of Licensing Services (the
Department) is a department of the State of New York charged with the regulation of
real estate brokers, salespersons and with the enforcement of Article 12-A of the New
York Real Property Law, and the regulations promulgated thereunder.
B.
Respondent Harley E. Doles was licensed as a an individual real estate broker (UID No:
35DO1036759) with an address located at 303 Cedar Cliff Road, Monroe, NY 10950 until
that license expired on September 26, 2011. Respondent Doles was also licensed as a
corporate real estate broker (UID No: 10311200578) representing Respondent Columbia
Residential Inc.,a real estate brokerage, located at 81 W. 127th Street, New York, NY
10027 until that license expired on June 18, 2010.
C.
D.
E.
Respondent Doles has been advised of his right to counsel and has been represented by
Maria S. Vazquez-Doles, Esq., 303 Cedar Cliff Road, Monroe, NY 10950.
F.
By executing this Consent Order, Respondent Doles affirmatively waives the right to a
hearing in the manner provided by law, consents to the issuance and entry of this Consent
Order and agrees to be bound by the terms, provisions and conditions contained herein.
G.
Respondent Doles admits the allegations set forth herein and the violations set forth in
this paragraph G, and affirm that all violations alleged in the Departments Complaint have been,
or will be rectified, in accordance with the terms set forth herein:
I.
Respondent Doles failed to timely comply with an investigation of the Department of State
in violation of NY RPL 441-c; 442-e(5).
That Respondent Doles shall execute and forward the within Consent Order to the
NYS Department of State, Division of Licensing Services, Attn: David A. Mossberg,
Esq., 123 William Street, 19th Floor, New York, NY 10038, so that the original of same
is received on or before January 6, 2012;
2.
That Respondent Doles shall pay a collective fine in the amount of two hundred fifty
($250.00) dollars, also being due on or before January 6, 2012, in the form of certified
check or money order, made payable: New York State Department of State;
3.
Failure by Respondent Doles to timely comply with any of the foregoing conditions, shall
render the offer set forth herein null and void and shall result in the immediate revocation
of any licenses held by Respondent Doles;
4.
That upon execution of this Consent Order by the Secretary of State or his designee, the
Complaint in this matter shall be terminated, withdrawn and discontinued with prejudice
with respect to Respondent Doles in accordance with the terms hereof;
5.
That the Consent Order herein expressly depends upon representations made by the
Respondent, as contained herein and that such representations have fully, accurately and
truthfully disclosed all relevant facts to the Department of State. If any such
representation is determined to be limited, inaccurate or untruthful, the Department of
State shall not be bound by the terms herein and shall initiate any action it deems
appropriate in the administrative, civil or criminal prosecution of the Respondent Doles;
6.
The provisions of this Consent Order shall be deemed to bind Respondent, Respondents
agents, employees, successors and assigns and all persons, firms, corporations acting
under or for Respondent Doles.
7.
The effective date of this Consent Order shall be the date on which the Secretary of State,
or his designee, signs it and shall expire when Respondent Doles has fully complied with
the requirements of this Consent Order. The Department will provide Respondent or
Respondents counsel with a fully executed copy of this Consent Order as soon as
practicable after the Secretary of State signs it;
8.
The failure of Respondent Doles to comply fully and in a timely fashion with any provision
of this Consent Order shall constitute a default and a failure to perform an obligation
under this Consent Order;
9.
This Consent Order constitutes the entire agreement of the parties and no provision of the
agreement shall be deemed waived or otherwise modified except as is specifically set forth
in a writing executed by the Secretary of State or his designee indicating an intent to
modify this Consent Order;
10.
Dated:
2/24/12
________________________
Albany, New York
NEW YORK STATE
DEPARTMENT OF STATE
By: ___________________________
Susan L. Watson
General Counsel
)
)
)
ss.:
On this ____ day of _________ in the year 2011 before me, the undersigned, personally
appeared HARLEY E. DOLES personally known to me or proved to me on the basis of
satisfactory evidence, to be the individual whose name is subscribed to the within instrument and
acknowledged to me that she executed the same in her capacity and that by her signature on the
instrument, the individual or the person upon behalf of which the individual acted, executed the
instrument.
________________________________________
Notary Public