Industrial Board of Appeals

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April 29, 2015 Meeting Minutes

Call to Order

The regularly scheduled meeting of the Industrial Board of Appeals was held by video conference on April 29, 2015 between the offices of Albany, New York City and Buffalo, New York. The Board’s Chairperson, Vilda Vera Mayuga, called the meeting to order at 10:15 a.m.

Attendance

Albany

  • Vilda Vera Mayuga, Chairperson
  • J. Christopher Meagher, Member
  • Michael A. Arcuri, Member
  • Frances P. Abriola, Member
  • Wendell P. Russell, Jr., Counsel
  • Anne Hohenstein
  • Dana E. DePass, Secretary for Albany Office

Buffalo

  • LaMarr J. Jackson, Member

New York City

  • Devin A. Rice, Associate Counsel
  • Jean Grumet, Administrative Law Judge

Minutes

On motion by Ms. Jackson, duly seconded by Mr. Meagher, and unanimously carried, the minutes of the previous meeting held on March 11, 2015, were approved.

Monthly Report

The monthly report for March 2015 reflecting activity as follows was reviewed and discussed.

Monthly Report
Title March 2015 Year to Date 2015
New Proceedings Commenced
Section 101 – Review Petitions 41 92
Section 27-A – Public Employer Safety 2 3
Section 104 – Corporate Documents 2 7
Stay Applications 0 0
Total 45 102
Hearings Held
Total 20 38
Video Hearings Held
Capital District 0 0
Upstate 3 4
Downstate 2 5
New York City 15 29
Total 15 26
Hearings Scheduled/Not Held
Postponed 14 37
Resolved Prior to Hearing 13 31
Total 27 68
Board Resolutions
Total 83 122
Cases Closed
Section 101 74 111
Section 27-A 2 4
Section 104 5 5
Total 81 120
Interim Resolutions
Stay Applications 0 0
Interim Decisions 2 2
IBA Rules 0 0
Total 2 2

On motion by Mr. Arcuri, duly seconded by Ms. Abriola, and unanimously carried, the meeting was moved into executive session at 10:25 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 12-126 Madeline Marchesano A/K/A Madeline Marche A/K/A Madeline Bobet and Orion Elevator, Inc.
PR 14-025 Specialty Restaurants Corporation (T/A Templeton Landing Restaurant)
PR 14-067 Morris Zarifpour and Nora Bakhchi
PR 14-070 Julian Jurman and Elm Plumbing Supply Ltd.
PR 14-083 Kevin DiPirro and J.G.D. Enterprises LLC
PR 14-086 Madeline B. Marchesano and Orion Elevator, Inc.
PR 14-164 Jeffrey Hodgins (T/A Hodgins Dairy Farm)
PR 14-172 Tomas Pattugalan Jr. and Tomas M. Pattugalan Jr., M.D., PC
PR 14-185 Raja M. Tariq and R.M.T. Venture Hospitality, LLC (T/A Days Inn)
PR 14-189 Akbarli B. Himani A/K/A Akbar Ali Himani and Ashish Kapoor and Chickpea at 14th Street Inc. (T/A Chickpea)
PR 14-199 Idaho Farmers Market, Inc. (T/A Zeytuna)
PR 14-210 Arkady Fuzaylov and Euphoria Palace, Inc.
PR 14-225 Samir A. Syed and 79th Linden Service Station Corp.
PR 14-228 Julian Melendez A/K/A Julio Melendez (T/A Nors & T, LLC) also (T/A Night Owl)
PR 14-230 Ramon C. Ortega (T/A El Sabor Dominicano Restaurant)
PR 14-231 Giuseppe Santillo A/K/A Joseph Santillo (T/A Grand Avenue Pizza)
PR 14-233 Michael Shaughnessy A/K/A Michael O’Shaughnessy and M &C Car Wash, Inc. (T/A Bellmore Car Wash)
PR 14-244 Richard M. Nelson, Sr. A/K/A Richard Nelson and Rychards Formals Ltd. (T/A Tuxedo Park)
PR 14-251 Steven A. Danza and Schlaeffen Laundromat Corp.
PR 14-292 Shadic Builders Inc. (T/A Shadic Construction)
PR 14-321 Omran M. Hayajneh and Supreme Deli super Sandwiches Corp.
PR 14-323 Michael Stines and MJ Restaurant Corp. (T/A Vintage Restaurant)
PR 14-324 Peter Castellana Jr., Cactus Holdings, Inc. and Western Beef Retail, Inc.
PR 14-326 Itzhak Ginat A/K/A Isaac Ginat and 494 Bushwick Ave. Corp. (T/A Magic Car Wash)
PR 14-327 Yokasta Morales and The Children’s Arts & Science Workshops (CSW), Inc.
PR 14-349 Eli Tarbell and Neco Transport Ltd.
PR 14-351 Filippo Gallina and Phillies Pizzeria II Inc. (T/A Phillies Pizzeria)
PR 15-020 Parag Bhatt and KPM Gold and Gem LLC
PR 15-028 Andres Duran
PR 15-030 Sung Ja Bae and Modern Joa Trading, Inc.
PR 15-050 Mercedes R. Cruz
PR 15-052 Leo Kaufman A/K/A Yehuda Kaufman and 6 K Interiors, Inc. and In Style Interiors LLC
PR 15-056 Jose A. Zapata
PR 15-058 Claudiu Stoica
PR 15-075 Michael DeLisa and DeLisa Law Group, PLLC
PES 13-001 County of Nassau
PES 14-006 City of New York Department of Corrections PMA Objections
PES 14-011 NYPD PMA Submission (Insp.# 313346074)

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

Section 101
Docket No. Name
PR 11-092 James A. Kane and A&A Private Investigations & Security, Ltd. (T/A A&A Investigation & Security)
PR 11-308 Yook Wah Chu and Lucky Horse (NY) Corp., (T/A Fulton Chef)
PR 11-334 Yat Sam Chang a/k/a Kelley Y. Chan and Kam Fook Cheong and Jia & Jae, Inc. (T/A Hunan Village)
PR 12-092 Robinson Leon
PR 12-157 Joseph Ventura and William Tell Services, LLC
PR 14-004 Muhammad W. Qureshi and Sunshine Grill & Restaurant, Inc.
PR 14-007 Xiang Yang Qu and Xiao Dong Qu and Metropolitan (Brother) Laundry Service, Inc.
PR 14-062 Ammar A. Zabarah (T/A Guy R. Deli) – Clarified and re-issued
PR 14-082 Richard Russell and Richland Equity Resources Corp.
PR 14-115 Roberto Ayala
PR 14-174 James Pavlounis
PR 14-201 John Voyiatzis and Johnny G’s Restaurant, Inc.
PR 14-280 Helmer Toro and The First Toro Family Limited Partnership (T/A H&H Bagels)
PR 14-307 Marilyn Shehebar
PR 14-343 Alan Walkow
PR 15-013 Silvia Brodrick (T/A Jordanville Farm)
PR 15-055 AKaren Zapata
PR 15-065 CJF Construction Inc.

Docket No. PR 14-004 was removed from the Agenda for further discussion. On motion by Mr. Meagher, duly seconded by Ms. Jackson, and unanimously carried, the Resolutions of Decision, under Section 101 were adopted.

Interim Decision
Docket No. Name
PR 14-253 Patrick Holiday and Debra Holiday (T/A Country Coach Catering)
PR 14-329 Patricia Towle and Tatra Farm LLC and Tatra Farm Operating Corp.
PR 14-347 Rosa A. Mejia and La Nueva Cocina Restaurant Inc. (T/A La Cocina Restaurant Inc.)

On motion by Ms. Jackson, duly seconded by Mr. Arcuri, and unanimously carried, the Interim Resolutions of Decision, including PR 14-066, which was initially listed in the agenda under Section 101 were adopted.

Section 104
Docket No. Name
CI 11-003 The Pedicab Union Association
CI 15-006 New York State Correctional Officers and Police Benevolent Association, Inc.
CI 15-007 Town of Tuxedo Police Benevolent Association, Inc.
CI 15-008 United Transit Leadership Organization Inc.
CI 15-009 Council of Urban Real Estate

On motion by Mr. Meagher, duly seconded by Ms. Abriola, and unanimously carried, the Resolution of Decision, under Section 104 were adopted.

OOn motion by Ms. Abriola, duly seconded by Mr. Arcuri, and unanimously carried, the meeting was moved out of executive session at 11:19 a.m.

Discussion

The Board discussed the following topics:

Adjournment

There being no further business, upon motion by Ms. Jackson, duly seconded by Ms. Abriola, and unanimously carried, the meeting was adjourned at 12:30 P.M.