Industrial Board of Appeals

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April 13, 2016

Call to Order

The regularly scheduled meeting of the Industrial Board of Appeals was held on April 13, 2016 in the Board’s offices located in Albany, New York. The Board’s Chairperson, Vilda Vera Mayuga, called the meeting to order at 10:43 a.m.

Attendance

  • Vilda Vera Mayuga, Chairperson
  • J. Christopher Meagher, Member
  • LaMarr J. Jackson, Member
  • Michael A. Arcuri, Member
  • Jean Grumet, Administrative Law Judge
  • Devin A. Rice, Counsel
  • Anne Hohenstein, Managing Attorney
  • Joshua David Riegel, Empire Fellow
  • Dana E. DePass, Secretary for Albany Office

Minutes

On motion by Ms. Jackson duly seconded by Mr. Arcuri, and unanimously carried, the minutes of the previous meeting held on January 20, 2016, were approved.

Reports

Updated reports showing Statistics, Case Status, and calendar were distributed to Board Members and staff. The monthly report for March 2016 reflecting activity as follows was reviewed and discussed.

Monthly Report
TitleMarch 2016Year to Date 2016
New Proceedings Commenced
Section 101 – Review Petitions 4
Section 27-A – Public Employer Safety 1
Section 104 – Corporate Documents 3
Stay Applications 0
Total 8 39
Hearings Held
Total 16 48
Video Hearings Held
Capital District 0
Upstate 1
Downstate 3
New York City 12
Total 7 21
Hearings Scheduled/Not Held
Postponed 21
Resolved Prior to Hearing 22
Total 43 96
Board Resolutions
Total 61 94
Cases Closed
Section 101 55
Section 27-A 3
Section 104 3
Total 61 94
Interim Resolutions
Stay Applications 0
Interim Decisions 0
IBA Rules 0
Total 0 0

On motion by Ms. Jackson duly seconded by Mr. Meagher, and unanimously carried, the meeting was moved into executive session at 10:50 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 12-067 Cathy Newcomb and Phyllis Trumble and Home Town Enterprises In. (T/A Home Town Diner
PR 12-187 Steven Chartrand and Green Hills Properties Inc. (T/A Country Club of Mendon)
PR 14-182 Dennis G. McCarthy and Eljin Construction of New York, Inc.
PR 14-278 Russell P. Militello
PR 15-068 Shimon Ludmire A/K/A Shimon Ludmir and Executive Arms Realty, LLC
PR 15-070 Jaime Wysocki and Dance Express of Woodmere, Inc. (T/A DanceExpress)
PR 15-094 Alexander Rakov A/K/A Alexandr Rakov and Dmitry Ugrumov A/K/A Dmitry Ugryumov (T/A Auto Center America, LLC)
PR 15-105 Amarjit S. Chopra A/K/A Amarit S. Chopra and Laundromat at Burnside Avenue, Inc. (T/A King Size Laundromat)
PR 15-136 Milton Balkany
PR 15-161 Luis M. Pereira and Concrete Courses Concepts Corp.
PR 15-217 John Elias Zaoutis and Elias T. Zaoutis and Michael Zervos and Mall Pizza, Inc. (T/A Aegean Pizza)
PR 15-223 Silvestre DeLaCruz (T/A La Familia Restaurant)
PR 15-228 Emergency Ambulance Service, Inc.
PR 15-233 Yaron Oskar and Bulita Fashion Inc. (T/A Relly Boutique)
PR 15-244 Reenoo Kochar
PR 15-250 Edwin Gould Services for Children and Families
PR 15-267 Lawrence Pross and Laundry City, LLC
PR 15-276 Edward and Haddad Law Offices, P.C. (T/A Haddad Law Offices)
PR 15-295 David M. Cummings and Cool Life Systems, Inc.
PR 15-304 David Scott Traina and Traina Services LLC
PR 15-307 Telly Liberatos and DGT Cedar Enterprises, Inc. (T/A Liberatos Pizza)
PR 15-312 Margaret Geer Walker A/K/A Margo G. Walker (T/A Citivilla Properties)
PR 15-329 James Hanan and Morris Hanan and Gem Stores, Inc. (T/A Super Value Store)
PR 15-342 Andy Frain Services, Inc.
PR 15-343 Lee Theam Yip and Pai Ling Lee and Excel Food Corporation (T/A Nu Sushi)
PR 15-344 Lee Theam Yip and Pai Ling Lee and L. T. Square Corporation (T/A Sun Café)
PR 15-347 Masonry Services, Inc.
PR 15-356 Lina S. Vivas and Lina Vivas Maintenance Inc.
PR 15-370 Karan Sachdeva and 1611 Grocery Inc. (T/A 99 Cent World)
PR 15-371 Padam Bajaj and 1611 Food Inc. (T/A 99 Cent World)
PR 15-373 Lawrence Ross Weinberger and Local Market Media, Inc.
PR 15-376 Daniel Cusack and Daniel Cusack, Inc.
PR 15-386 Alan Eric Fisler a/k/a Eric Nolan and John Forslund a/k/a John Forslind and Mocha Lounge Inc. (T/A The West End Lounge)
PR 16-002 Shaomin Min Huang A/K/A Shao Min Huang and Sun Rice Noodle, Inc. (T/A Jani Restaurant)
PR 16-013 New York Kitchen & Bath Inc.
PES 15-015 Matthew Shaw and Skylighters of NY LLC

On motion by Mr. Arcuri duly seconded by Ms. Jackson, and unanimously carried, the Resolutions of Decision for Settlements and approval of withdrawal of petitions were adopted.

Section 101
Docket No.Name
PR 11-393 Llesh J. Beqiraj and Mentor Beqiraj (T/A University Pizza & Restaurant) also (T/A University Pizza, Ltd.)
PR 12-062 Kyra Haring and For Pet’s Sake Veterinary Center, P.C.
PR 12-081 Iqbal Ahmed
PR 14-049 Fen F. Lim a/k/a Diana F. Lim and Kelantan Corp. (T/A Nyonya Malaysian Cuisine)
PR 14-053 Fen F. Lim a/k/a Diana F. Lim and Kelantan Corp. (T/A Nyonya Malaysian Cuisine)
PR 14-151 Gabriel Rabinovich, Oleg Yemyeshev and G&L Ambulette Co., Inc.
PR 15-283 Debashis S. Das a/k/a Bob Das and Clean-O-Matic, Inc.
PR 15-297 Zuleyha Akcay a/k/a Julie Akcay and Banco Building LLC (T/A Arcade Department Store)
PR 15-308 Ahmed Mosid and Best Deli Grocery Corp.
PR 15-350 Christopher James Brewer and CB Painting, Inc.
PR 15-360 Peter Schmidt and Richard Schmidt a/k/a Richie Schmidt (T/A Crazy Cow Dairy)
PR 15-382 Hamilton’s Soda Fountain NY LLC (T/A Hamiltons Soda Fountain)
PR 15-405 Viwat Jongvishayasawach a/k/a Viwat Sawach and Note Thai Corp.
PR 15-406 R. Devincentis Construction, Inc.
PR 16-001 Boguslaw Pajor a/k/a Bogdan Pajor and Amtec International of NY Corp.
PR 16-008 Pedro A. Naveda
PR 16-023 Jeffrey M. Genshaft and The Big Picture, Inc.

Upon review, Docket No. PR 15-406 was removed from the Agenda for further processing. With the exception of PR 15-406, on motion by Ms. Jackson duly seconded by Mr. Meagher, and unanimously carried, the Resolutions of Decision under Section 101 were adopted.

Interim Decisions
Docket No.Name
PR 15-079 Syndie Molina a/k/a Dr. Syndie G.E. Molina and Family Fitness Unlimited, LLC

On motion by Ms. Jackson duly seconded by Mr. Arcuri, and unanimously carried the Interim Resolution of Decision was adopted.

Section 104
Docket No.Name
CI 16-006 Buchanan Police Association, Inc.
CI 16-008 Tuckahoe Police Benevolent Association Inc.

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

On motion by Ms. Jackson duly seconded by Mr. Meagher, and unanimously carried, the meeting was moved out of executive session at 11:36 a.m.

Discussion

The Board discussed the following topics:

  1. Travel
    • Travel documents to be timely sent
    • Documents must specify what hearing/work assignment they are related to
  2. Joshua
    • All work Board Members would like Joshua to do should be sent to Vilda

Other

  1. Mandatory Training
    • NYS Right to Know Law
    • Fire Safety and emergency Evacuation

Upcoming Board Meeting Dates and Locations

Adjournment

There being no further business, upon motion by Mr. Arcuri duly seconded by Ms. Jackson, and unanimously carried, the meeting was adjourned at 12:34 p.m.