Industrial Board of Appeals

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January 23, 2018

Call to Order

The regularly scheduled meeting of the Industrial Board of Appeals was held on January 23, 2018 by video conference from the Board’s main office located in Albany, New York, and its regional office in New York City, and Utica, New York. The Board’s Chairperson, Vilda Vera Mayuga, called the meeting to order at 9:21 a.m.

Attendance

New York City

  • Vilda Vera Mayuga, Chairperson
  • J. Christopher Meagher, Member
  • Molly Doherty, Member
  • Gloribelle J. Perez, Member
  • Jean Grumet, ALJ
  • Devin A. Rice, Counsel
  • Jane M. Ipanaque, Secretary

Utica

  • Michael A. Arcuri, Member

Albany

  • Anne Hohenstein, Managing Attorney

Minutes

On motion by Mr. Arcuri, duly seconded by Mr. Meagher, and unanimously carried, the minutes of the previous meeting held on December 13, 2017 were approved.

Reports

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

Monthly Report
TitleDecember 2017December 2016YTD 2017YTD 2016
New Proceedings Commenced
Section 101 – Review Petitions 12 183
Section 27-A – Public Employer Safety 0 11
Section 104 – Corporate Documents 1 17
Stay Applications 0 2
Total 13 14 213 191
Hearings Held
Total 4 7 104 141
Video Hearings Held
Capital District 0 8
Upstate 0 11
Downstate 0 22
New York City 4 63
Total 2 3 35 60
Hearings Scheduled/Not Held
Postponed 14 111
Resolved Prior to Hearing 5 56
Administratively Closed 5 75
Total 19 8 167 316
Board Resolutions
Total 12 24 106 326
Cases Closed
Section 101 11 77
Section 27-A 0 9
Section 104 1 14
Section WB 0 1
Total 12 23 101 319
Interim Resolutions
Stay Applications 0 0
Interim Decisions 0 5
IBA Rules 0 0
Total 0 1 5 7

Resolutions of Decision

The following proposed Resolutions of Decision were introduced and discussed:

Settlements and approval of withdrawal of petitions
Docket No.Name
PR 17-011 Elias Sidrioglou A/K/A Ilias Sidiroglou and F.E.S. Inc. (T/A Elias Corner)
PR 17-018 Louis Lui Wong A/K/A Lui Louis Wong and Haru Chinese & Japanese Restaurant, Inc. (T/A You You Restaurant)
PR 17-098 John Lee and Set Standard Electric Corp. (T/A Set Standard Corp.)
PES 17-012 N.Y.S.C.O.P.B.A., Inc.

On motion by Ms. Perez, duly seconded by Ms. Doherty, and unanimously carried, the Resolution of Decision for Settlements and Approval of withdrawal of petitions/orders was adopted.

Section 101
Docket No.Name
PR 16-121 Ambush Alarm & Electronics, Inc.
PR 17-083 May Street Restaurant
PR 17-141 Javier A. Morel and 1628 Bathgate, LLC (T/A Mamita’s Foods)
PR 17-142 Vincent A. Tortora, II a/k/a Vincent Tortora and Tortora Property Management, Inc.
PR 17-143 Leon Mege a/k/a Leonid Mezhibovsky and Leon Mege Inc. (T/A The Art of Platinum)
PR 17-153 Mildred Scharf and Nightingale Management Services

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

Section 657
Docket No.Name
WB 17-002 Chinese Staff and Workers Association, National Mobilization Against Sweatshops, and Ignacia Reyes

On motion by Mr. Arcuri, duly seconded by Mr. Meagher, and unanimously carried, the Resolution of Decision under Section 657 was adopted.

Discussion

The Board discussed the following topic:

Upcoming Board Meeting Dates and Locations

Adjournment

There being no further business, upon motion by Mr. Arcuri, duly seconded by Ms. Doherty, and unanimously carried, the meeting was adjourned at 9:54 a.m.