Industrial Board of Appeals

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December 13, 2017

Call to Order

The regularly scheduled meeting of the Industrial Board of Appeals was held on December 13, 2017 by video conference between the Board’s regional offices located in New York City and Syracuse, New York. The Board’s Chairperson, Vilda Vera Mayuga, called the meeting to order at 9:23 a.m.

Attendance

New York City

Utica

Minutes

On motion by Mr. Meagher, duly seconded by Ms. Perez, and unanimously carried, the minutes of the previous meeting held on October 25, 2017 were approved.

Reports

Reports showing Statistics, Case Status, and calendar were distributed to Board Members and staff. The monthly report reflecting activity for September 2017 was reviewed and discussed.

Monthly Report
TitleOct 2017Oct 2016Nov 17Nov 16YTD 2017YTD 2016
New Proceedings Commenced
Section 101 – Review Petitions 10 11 171
Section 27-A – Public Employer Safety 1 2 11
Section 104 – Corporate Documents 0 2 16
Stay Applications 0 0 2
Total 11 13 15 22 200 157
Hearings Held
Total 11 7 10 15 100 141
Video Hearings Held
Capital District 1 1 8
Upstate 1 0 11
Downstate 5 4 22
New York City 4 5 59
Total 4 2 3 5 33 59
Hearings Scheduled/Not Held
Postponed 11 10 11 10 97 159
Resolved Prior to Hearing 5 13 3 11 51 172
Administratively Closed 4 N/A 3 N/A 70 N/A
Total 16 23 16 21 148 331
Board Resolutions
Total 9 28 0 0 94 330
Cases Closed
Section 101 5 0 66
Section 27-A 3 0 9
Section 104 0 0 13
Section WB 0 0 1
Total 8 27 0 0 89 323
Interim Resolutions
Stay Applications 0 0 0
Interim Decisions 1 0 5
IBA Rules 0 0 0
Total 1 1 0 0 5 7

On motion by Mr. Meagher, duly seconded by Ms. Doherty, and unanimously carried, the meeting was moved into executive session at 9:27 a.m.

Resolutions of Decision

The following proposed Resolutions of Decision were introduced and discussed:

Settlements and approval of withdrawal of petitions
Docket No.Name
PR 16-108 Joshua A. Konecky and Joshes Noshes, Inc. (T/A Eisenbergs Sandwich Shop)
PR 17-081 Dennis Adams and Dennis Adams Contracting, Inc.
PR 17-082 Shayla M. Williams and Mini Ventures of NY, Inc.)

On motion by Mr. Arcuri, duly seconded by Mr. Meagher, and unanimously carried, the Resolution of Decision for Settlements and Approval of withdrawal of petitions/orders was adopted.

Section 101
Docket No.Name
PR 14-114 Fred Barthelmann III and North Coast Sealing, Inc.
PR 15-338 Hassan Osman and Adel Fathelbab and Bahaa Elansary and Moataz Bella Mahmoud and Z-One Diner & Lounge Inc. (T/A Z One)
PR 16-005 Michael Benner and Roc Raiders Professional Football Team, LLC
PR 17-001 Bernarda T. Toribio
PR 17-063 Melissa Tejeda (T/A Melissa Spa & Beauty Center, Corp.) also (T/A Melissa Beauty Salon)
PR 17-078 Juan Antonio Castillo (T/A JC Painting Contracting)
PR 17-123 East 222 Automotive Repairs Inc.
PR 17-143 Leon Mege and The Art of Platinum

On motion by Ms. Perez, duly seconded by Mr. Arcuri, and unanimously carried, the Resolutions of Decision under Section 101 were adopted.

Section 104
Docket No.Name
CI 17-018 Suffolk County Chapter of The New York State Association for Superintendents of School Buildings and Grounds, Inc.

On motion by Ms. Doherty, duly seconded by Mr. Meagher, and unanimously carried, the Resolution of Decision under Section 104 was adopted.

Discussion

The Board discussed the payroll cards appeal case and its current status.

On motion by Mr. Arcuri, duly seconded by Ms. Doherty, and unanimously carried, the meeting was moved out of executive session at 10:37 a.m.

Discussion

The Board was provided with materials and discussed the following topics:

Upcoming Board Meeting Dates and Locations

Adjournment

There being no further business, upon motion by Mr. Meagher, duly seconded by Ms. Perez, and unanimously carried, the meeting was adjourned at 11:00 a.m.