Industrial Board of Appeals

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January 25, 2017

Call to Order

The regularly scheduled meeting of the Industrial Board of Appeals was held on January 25, 2017 by video conference from the Board’s regional office located in New York City and its main office in Albany, New York. The Board’s Chairperson, Vilda Vera Mayuga, called the meeting to order at 9:06 a.m.

Attendance

New York City

  • Vilda Vera Mayuga, Chairperson
  • J. Christopher Meagher, Member
  • Michael A. Arcuri, Member
  • Gloribelle J. Perez, Member
  • Jean Grumet, Administrative Law Judge
  • Devin A. Rice, Counsel
  • Joshua David Riegel, Attorney
  • Jane M. Ipanaque, Secretary

Albany

  • Anne Hohenstein, Managing Attorney

Minutes

On motion by Mr. Meagher duly seconded by Mr. Arcuri, and unanimously carried, the minutes of the previous meeting held on December 14, 2016, were approved.

Reports

Reports showing Statistics, Case Status, and calendar were distributed to Board Members and staff. The monthly report reflecting activity for December and Year-end 2016 was reviewed and discussed.

Monthly Report
Title DEC-16 DEC-15 YTD-16 YTD-15
New Proceedings Commenced
Section 101 – Review Petitions 14   153  
Section 27-A – Public Employer Safety 0   15  
Section 104 – Corporate Documents 0   23  
Stay Applications 0   0  
Total 14 27 191 451
Hearings Held
Total 7 7 141 144
Video Hearings Held
Capital District 0   0  
Upstate 6   41  
Downstate 1   22  
New York City 0   78  
Total 3 2 60 65
Hearings Scheduled/Not Held
Postponed 5   154  
Resolved Prior to Hearing 3   162  
Total 8 25 316 289
Board Resolutions
Total 24 49 326 469
Cases Closed
Section 101 18   296  
Section 27-A 0   5  
Section 104 5   18  
Total 23 49 319 463
Interim Resolutions
Stay Applications 0   0  
Interim Decisions 1   7  
IBA Rules 0   0  
Total 1 0 7 6

On motion by Mr. Arcuri duly seconded by Mr. Meagher, and unanimously carried, the meeting was moved into executive session at 9:09 a.m.

Resolutions of Decision

The following proposed Resolutions of Decision were introduced and discussed:

Section 101
Docket No. Name
PR 13-179 Brendan Spiro
PR 15-031 Mohammad Mansoor Mirza a/k/a Mohammed M. Mirza and 99 Cent Mini Depot Inc.
PR 15-098 Ramon Benitez a/k/a Raymond Benitez and Caroray Corp.
PR 15-225 Thomas C. Fricker
PR 15-238 Filippo Lia a/k/a Philip Lia And Filippo’s, Inc.
PR 15-311 Rodney Brayman and Phoenix Beverages MTO, LLC and Phoenix Beverages, Inc. (T/A Phoenix Beehive and Phoenix Beverages Lobo))
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 16-067 Roslyn Rogers
PR 16-127 Louis Essman MD
PR 16-129 Anthony Grigoli

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

Section 27 - A:
Docket No. Name
PES 14-015 SUNY College of Environmental Science and Forestry

On motion by Mr. Meagher duly seconded by Ms. Perez, and unanimously carried the Resolution of Decision under Section 27-A was adopted.

Discussion

The Board was provided with hand-outs and discussed the following topics:

  1. Submission of decisions
    • refer to the Styles Manual when drafting decisions, and prior to sending a final draft for review.
  1. Office 365: security software and hardware tokens
  2. JCOPE, NYS Ethics Law video conference scheduled March 1, 2017 at 9:30 a.m. - 11:00 a.m.
  3. Travel cost of Mileage decreased
  4. ITS Enterprise Service Desk

On motion by Ms. Mayuga duly seconded by Mr. Meagher, the meeting took a recess at 10:30 a.m. and reconvened at 12:55 p.m.

On motion by Mr. Arcuri duly seconded by Mr. Meagher, and unanimously carried, the meeting was moved out of executive session at 2:45 p.m.

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 3:30 p.m.