Industrial Board of Appeals

Your web browser is currently outdated

To recieve the best possible experience it's recommended that you upgrade your browser to a newer version or another web browser service. A list of current browsers had been provided below.

By clicking on one of the icons you will be directed to the browser download page.

January 30, 2019

Call to Order

The regularly scheduled meeting of the Industrial Board of Appeals was held on January 30, 2019 by video conference from the Board’s regional offices in New York City and Utica, and its main office in Albany, New York. The Board’s Chairperson, Molly Doherty, called the meeting to order at 9:21 a.m.

Attendance

New York City

  • Molly Doherty, Chairperson
  • J. Christopher Meagher, Member
  • Gloribelle J. Perez, Member
  • Matthew Robinson-Loffler, Associate Counsel
  • Jane M. Ipanaque, Secretary for NYC

Albany

  • Anne Hohenstein, Managing Attorney

Utica

  • Michael A. Arcuri, Member

Minutes

On motion by Mr. Meagher, duly seconded by Ms. Perez, and unanimously carried, the minutes of the previous meeting held on December 12, 2018 were approved.

Reports

Reports showing statistics and case status were distributed to Board Members and staff. The monthly report reflecting activity for year-end December 2018 was reviewed and discussed.

Monthly Report
TitleDecember 2018December 2017YTD 2018YTD 2017
New Proceedings Commenced
Section 101 – Review Petitions 14 92
Section 27-A – Public Employer Safety 1 9
Section 104 – Corporate Documents 0 4
Stay Applications 0 0
Total 15 13 105 213
Hearings Held
Total 6 4 80 104
Video Hearings Held
Capital District 0 1
Upstate 3 7
Downstate 0 15
New York City 3 57
Total 4 2 38 35
Hearings Scheduled/Not Held
Postponed 5 14 128 111
Resolved Prior to Hearing 6 5 61 56
Administratively Closed 6 5 56 75
Total 11 19 189 167
Board Resolutions
Total 6 12 69 106
Cases Closed
Section 101 6 60
Section 27-A 0 5
Section 104 0 3
Section WB 0 1
Total 6 12 66 101
Interim Resolutions
Stay Applications 0 0
Interim Decisions 0 3
Total 0 0 3 5

On motion by Mr. Meagher, duly seconded by Ms. Perez, and unanimously carried, the meeting was moved into quasi-judicial deliberation at 9:28 a.m.

Consideration of Resolutions

Section 101
Docket No.Name
PR 15-148 Roy J. Schukraft, Jr. and RJS Janitorial, LLC
PR 16-155 Ralph T. Pescrillo, Pescrillo Niagara, LLC, and Pescrillo New York, LLC (T/A Ralph T. Pescrillo Development)
PR 17-097 James Michael Foley and Reel Fast Fishing Adventures, Inc. (T/A Hampton Lady Beach Bar and Grill)
PR 18-024 Victor A. Dedvukaj, Anthony Joseph Dilullo, and Johnny’s Pizzeria of Mamaroneck Inc T/A Joe’s Pizza
PR 18-041 Koon Ja Song and Hyo Kook Song a/k/a Henry Song and Mrs. J’s Café of L.I., Inc. T/A Mrs. J’s Cafe
PR 18-045 Michelle Kanhai & Andy Kanhai & Happily Ever After Daycare, LLC T/A Happily Ever After Daycare & Preschool and Once Upon A Time Daycare LLC
PR 18-047 Kenneth V. Reisig and New York State Safety Standard Inc.
PR 18-049 Childrens Community Services
PR 18-053 South Nassau Walk-In Medical Care, P.C.
PR 18-061 Glenn Walker T/A Great Northern Trading Co.
PR 18-071 Monica A. Cholewa a/k/a Monika Emad and Olive Tan Spa, LLC T/A Olive Organic

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

Section 104
Docket No.Name
CI 18-004 Superior Officers’ Association, Police Department, County of Suffolk, Inc.
CI 18-007 United Probation Officers Association of The City of New York, Inc.

On motion by Mr. Arcuri, duly seconded by Ms. Doherty, and unanimously carried, the Resolutions of Decision under Section 104 were adopted.

On motion by Mr. Arcuri, duly seconded by Ms. Perez, and unanimously carried, the meeting moved out of quasi-judicial deliberation at 10:17 a.m.

Discussion

The Board discussed non-appearance of witnesses after testimony has commenced.

Upcoming Board Meeting Dates and Locations

Adjournment

There being no further business, upon motion by Ms. Doherty, duly seconded by Ms. Perez, and unanimously carried, the meeting was adjourned at 10:48 a.m.