Industrial Board of Appeals

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September 11, 2019

Call to Order

The regularly scheduled meeting of the Industrial Board of Appeals was held on September 11, 2019 by video conference from the Board’s principal office in Albany, and regional offices in Utica and New York City. The Board’s Chairperson, Molly Doherty, called the meeting to order at 10:03 a.m.

Attendance

New York City

  • Molly Doherty, Chairperson
  • Gloribelle J. Perez, Member
  • Patricia Kakalec, Member
  • Najah Farley, Member
  • Jean Grumet, Administrative Law Judge
  • Matthew Robinson-Loffler, Associate Counsel
  • Jane M. Ipanaque, Secretary for NYC

Albany

  • Anne Hohenstein, Managing Attorney
  • Dana E. DePass, Secretary for Albany

Utica

  • Michael A. Arcuri, Member

Minutes

On motion by Ms. Perez, duly seconded by Mr. Arcuri, and unanimously carried, the minutes of the previous meeting held on May 29, 2019 were approved.

Reports

Reports showing statistics and case status were distributed to Board Members and staff. The monthly report reflecting activity for May, June, July, and August 2019 was reviewed and discussed.

Monthly Report
TitleMay 2019June 2019July 2019August 2019YTD 2019YTD 2018
New Proceedings Commenced
Section 101 – Review Petitions 13 10 17 23 122
Section 27-A – Public Employer Safety 1 0 1 5 10
Section 104 – Corporate Documents 2 2 1 0 6
Stay Applications 0 0 0 0 0
Total 16 12 19 28 138 47
Hearings Held
Total 8 9 9 5 57 57
Video Hearings Held
Capital District 1 0 1 2 7
Upstate 2 2 3 2 15
Downstate 0 2 1 1 4
New York City 5 5 4 0 31
Total 3 2 6 2 32 24
Hearings Scheduled/Not Held
Postponed 8 8 6 4 60
Resolved Prior to Hearing 1 1 7 4 25
Administratively Closed 1 1 7 3 24
Total 9 9 13 8 85 121
Board Resolutions
Total 21 0 0 0 41 39
Cases Closed
Section 101 17 0 0 0 35 0
Section 27-A 3 0 0 0 3 0
Section 104 1 0 0 0 3 0
Section WB 0 0 0 0 0 0
Total 21 0 0 0 41 39
Interim Resolutions
Stay Applications 0 0 0 0 0 0
Interim Decisions 0 0 0 0 0 0
Total 0 0 0 0 0 0

Consideration of Resolutions & Deliberation

On motion by Ms. Kakalec, duly seconded by Ms. Farley, and unanimously carried, the meeting was moved into quasi-judicial deliberation at 10:18 a.m.

Section 101
Docket No.Name
PR 18-036 Francis J. Paolangeli and Rese Ithaca Limited T/A Paolangeli Contractor
PR 18-042 Arlina A. Contreran A/K/A Arlina Waheed Butt A/K/A Arlina A. Contreras and NYCS Fried Chicken Dinner Inc.
PR 18-063 Nan N. Oo
PR 18-085 Amandeep Singh and Rennon Construction Corp.
PR 18-090 Robert J. Aronson and Empire Carpet Supplies, Inc.
PR 19-011 Rhandy Landayan Libiran
PR 19-022 Fletcher A. Brothers and Gates Community Chapel of Rochester, Inc. D/B/A Freedom Village USA, Inc.
PR 19-031 Jonathan Iveys and Medic Transportation Inc. T/A Medical Transportation
PR 19-035 Abdul Bari Nasary
PR 19-036 Laura A. Brito A/K/A Laura Ortiz Brito, Ricardo Brito A/K/A Ricardo J. Brito, and Silva Cabinetry, Inc. T/A Silva Cabinetry & Stone
PR 19-058 Hungry Bunny Café Inc.
PR 19-063 John Alvarez A/K/A John Freddy Alvarez and John Alvarez Corp.
PR 19-066 James L. Geritano T/A Bagels by The Park
PR 19-076 Ann Marie Mane A/K/A Mame N. Mane and Wee Care Childcare, LLC
PR 19-091 Jordan Poluch and Off The Bone BBQ
PR 19-092 Jhong Unk Kim A/K/A Kim Jhong Unk and Richmond Ihop LLC T/A Richmond Ihop

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

Section 27-A
Docket No.Name
PES 16-013 Cory Wright

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

The Board took a short recess at 12:07 p.m. and returned to the meeting at 12:17 p.m.

Section 104
Docket No.Name
CI 19-003 American Influencer Council, Inc.
CI 19-004 Warren County Corrections Officers’ Association, Inc.
CI 19-005 Chinese Mutual Labor Union Inc.

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

Discussion

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

Mr. Arcuri departed the meeting at 12:53 p.m. On motion by Ms. Perez duly seconded by Ms. Farley, and unanimously carried, the meeting moved out of quasi-judicial deliberation at 1:02 p.m.

Upcoming Board Meeting Dates and Locations

Adjournment

There being no further business, upon motion by Ms. Perez duly seconded by Ms. Farley, and unanimously carried, the meeting was adjourned at 1:07 p.m.