We would like to continue doing this as an independent company that
funds our own properties and
retains ownership of our IPs, to the end that over time our back catalogue continues to generate money for the studio until most
of the team leaves and I begin work on the videogame equivalent
of Chinese Democracy.
107 DOS 98 Matter
of DOS v. Sosis - subject matter jurisdiction; due process; failure to appear at hearing; proper business practices; deposits; fraudulent practice; DOS fails its burden
of proof; DOS has subject matter jurisdiction if at the time the disciplinary proceeding was commenced by proper service
of a notice
of hearing and complaint the party was (i) licensed to engage in regulated real estate activities, or (ii) an applicant for either a license or for the renewal
of a license to engage in regulated real estate activities, or (iii) eligible to automatically renew the prior license under the two - year limitation provision
of RPL § 441 (2); ex parte hearing is permissible upon proof
of proper notice
of hearing; DOS has subject matter jurisdiction where party was licensed at the time proceeding was commenced and, where at time
of hearing, although not licensed was eligible to automatically apply to renew pursuant to RPL § 441 (2); licensee operated a real estate brokerage business under an unlicensed name; licensee unlawfully
retains deposit
funds after deposit monies were delivered on the condition that same were to be disbursed only on the principal's consent and approval and said consent and approval was not given; licensee's illegal exercise
of right
of ownership over his principal's
funds spawns conversion and constitutes a fraudulent practice; DOS fails its burden
of proof to establish licensee failed to deposit trust
funds in a segregated escrow account, engaged in fraud and changed business location without notice to DOS; restitution ordered in the amount
of $ 1,900 plus interest, fine
of $ 1,000 and any further application for licensure shall not be considered until applicant pays said fine and provides proof
of payment
of restitution