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.

September 13, 2017

Call to Order

The regularly scheduled meeting of the Industrial Board of Appeals was held on September 13, 2017 by video conference from the Board’s main office located in Albany, New York, and its regional office in New York City. The Board’s Chairperson, Vilda Vera Mayuga, called the meeting to order at 9:18 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

Albany:
Michael A. Arcuri, Member
Anne Hohenstein, Managing Attorney
Dana E. DePass, Secretary

Minutes

On motion by Mr. Meagher duly seconded by Ms. Doherty, and unanimously carried, the minutes of the previous meeting held on July 26, 2017 were approved.

Reports

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

Monthly Report
Title July 2017 August 2017 July 2016 August 2016 YTD 2017 YTD 2016
New Proceedings Commenced
Section 101 – Review Petitions 10 15 134
Section 27-A – Public Employer Safety 0 1 8
Section 104 – Corporate Documents 1 0 14
Stay Applications 0 1 1
Total 11 17 15 17 157 129
Hearings Held
Total 11 7 5 8 70 100
Video Hearings Held
Capital District 0 1 5
Upstate 0 2 10
Downstate 3 1 10
New York City 8 3 45
Total 3 3 4 2 23 45
Hearings Scheduled/Not Held
Postponed 5 9 16 11 68 121
Resolved Prior to Hearing 5 6 8 6 36 122
Administratively Closed 5 6 N/A N/A 58 N/A
Total 10 15 24 17 104 243
Board Resolutions
Total 18 0 43 0 81 244
Cases Closed
Section 101 15 0 57
Section 27-A 0 0 6
Section 104 2 0 13
Section WB 0 0 1
Total 17 0 42 0 77 241
Interim Resolutions
Stay Applications 0 0 0
Interim Decisions 1 0 4
IBA Rules 0 0 0
Total 1 0 1 0 4 3

On motion by Mr. Meagher duly seconded by Ms. Perez, and unanimously carried, the meeting was moved into executive session at 9:23 a.m.

Resolutions of Decision

The following proposed Resolutions of Decision were introduced and discussed:

Settlements and approval of withdrawal of petitions
Docket No. Name
PR 15-226 Pui Hung Yan and Q.T. Production Inc.

On motion by Mr. Meagher duly seconded by Mr. Arcuri, and unanimously carried, the Resolution of Decision for Settlements and Approval of withdrawal of petitions/orders was adopted.

Section 101
Docket No. Name
PR 16-019 Jaroslaw S. Skorupski and Best Choice Renovation Inc.
PR 16-085 Donald Merriam and David Paul and Light House Lake Construction, LLC
PR 17-017 John C. Pastor, Sr.

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

On motion by Mr. Meagher duly seconded by Mr. Arcuri, and unanimously carried, the meeting was moved out of executive session at 9:36 a.m.

Discussion

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

  1. Registration for NAALJ Annual Meeting and Conference, dates and deadline to register – provides relevant CLE. All members and staff encouraged to attend, but not mandatory. Some have already registered and Gloribelle J. Perez and Jean Grumet were selected by NAALJ and the NYS chapter as challenge grant recipients to attend the conference.
  2. Review the Board’s proposed Rules and send feedback – Counsel to the Board has provided Board members for a draft to consider and requested feedback.
  3. Goals and projects for calendar year 2018 – In following the current Strategic Plan, the Board is on track to revise its rules of procedure and practice. Anne Hohenstein will be working on a pro se manual for the Board’s consideration.

Upcoming Board Meeting Dates and Locations

Wednesday, October 25, 2017, Board Meeting at 9:00 a.m., NYC room D & Utica Krebs room
Wednesday, December 13, 2017, Board Meeting at 9:00 a.m., NYC room D
Wednesday, January 24, 2018, Board Meeting at 9:00 a.m., NYC room D
Wednesday, March 7, 2018, Board Meeting at 9:00 a.m., NYC room D
Wednesday, April 18, 2018, Board Meeting at 9:00 a.m., NYC room D
Wednesday, June 6, 2018, Board Meeting at 9:00 a.m., NYC room D
Wednesday, July 25, 2018, Board Meeting at 9:00 a.m., NYC room D
Wednesday, September 19, 2018, Board Meeting at 9:00 a.m., NYC room D
Wednesday, November 7, 2018, Board Meeting at 9:00 a.m., NYC room D
Wednesday, December 19, 2018, Board Meeting at 9:00 a.m., NYC room D

Adjournment

There being no further business, upon motion by Ms. Mayuga duly seconded by Mr. Arcuri, and unanimously carried, the meeting was adjourned at 9:40 a.m.