Industrial Board of Appeals

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October 24, 2018

Call to Order

The regularly scheduled meeting of the Industrial Board of Appeals was held on October 24, 2018 by video conference from the Board’s main office in Albany, and its two regional offices located in New York City and Syracuse, New York. The Board’s Chairperson, Molly Doherty, called the meeting to order at 9:15 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
  • Dana E. DePass, Secretary for Albany

Syracuse

  • Michael A. Arcuri, Member

Minutes

On motion by Mr. Meagher, duly seconded by Mr. Arcuri, and unanimously carried, the minutes of the previous meeting held on August 8, 2018 were approved.

Reports

Reports showing statistics and case status were distributed to Board Members and staff. The monthly report reflecting activity for August and September 2018 was reviewed and discussed.

Monthly Report
TitleAugust 2018August 2017September 2018September 2017YTD 2018YTD 2017
New Proceedings Commenced
Section 101 – Review Petitions 10 10 60
Section 27-A – Public Employer Safety 1 2 8
Section 104 – Corporate Documents 0 0 1
Stay Applications 0 0 0
Total 11 17 12 17 69 174
Hearings Held
Total 2 7 4 9 63 79
Video Hearings Held
Capital District 0 0 1
Upstate 0 0 4
Downstate 1 1 13
New York City 1 3 45
Total 2 3 3 3 26 26
Hearings Scheduled/Not Held
Postponed 12 9 10 7 104 75
Resolved Prior to Hearing 4 6 1 5 44 41
Administratively Closed 4 6 1 5 40 63
Total 16 15 11 12 148 116
Board Resolutions
Total 12 0 0 4 53 85
Cases Closed
Section 101 11 0 45
Section 27-A 1 0 5
Section 104 1 0 3
Section WB 0 0 1
Total 12 0 0 4 51 81
Interim Resolutions
Stay Applications 0 0 0
Interim Decisions 0 0 2
Total 0 0 0 0 2 4

On motion by Mr. Meagher, duly seconded by Mr. Arcuri, and unanimously carried, the meeting was moved into quasi-judicial deliberation at 9:20 a.m.

Section 101
Docket No.Name
PR 15-148 Roy J. Schukraft, Jr. and RJS Janitorial, LLC
PR 15-303 Panagiotis Kalligeros a/k/a Peter Kalligeros and Theodore Calligeros, and Golden Dolphin Restaurant Corp. (T/A The Golden Dolphin)
PR 17-109 Betty Bytheway, a/k/a Elizabeth Bytheway and Bytheway Typesetting Services Inc.
PR 17-127 Ali Al Rahaimi (T/A Sanchez Grocery & Deli)
PR 17-149 Pascuala Campos
PR 18-019 Patrick J. Halpin and Cyberport Staffing, Inc., T/A Cyberport Staffing
PR 18-021 Abdul Khalik Nasar
PR 18-022 Wiley Christopher Harrison and Business of Your Business, LLC T/A Business of Your Business
PR 18-025 Andrew Kirtzman

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

Interim
Docket No.Name
PR 17-179 James C. Nenni, Sr. and James C. Nenni, Jr. and Nenni Construction Co.

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

Discussion

The Board discussed the following topics:

Upcoming Board Meeting Dates and Locations

Adjournment

There being no further business, upon motion by Mr. Arcuri, duly seconded by Ms. Perez, and unanimously carried, the meeting was adjourned at 10:24 a.m.