Industrial Board of Appeals

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August 8, 2018

Call to Order

The regularly scheduled meeting of the Industrial Board of Appeals was held on August 8, 2018 by video conference from the Board’s two regional offices located in New York City and Utica, 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
  • Jean Grumet, Administrative Law Judge
  • Devin A. Rice, Counsel
  • Anne Hohenstein, Managing Attorney
  • Dana E. DePass, Secretary for Albany
  • Jane M. Ipanaque, Secretary for NYC

Utica

  • Michael A. Arcuri, Member

Introduction

The Chairperson commenced the meeting by introducing guest Matthew Robinson-Loffler to the Board. Mr. Robinson-Loffler would soon be joining the IBA staff as Associate Counsel to the Board.

Minutes

On motion by Mr. Meagher, duly seconded by Mr. Arcuri, and unanimously carried, the minutes of the previous meeting held on June 6, 2018 were approved.

Reports

Reports showing Statistics and Case Status were distributed to Board Members and staff. The monthly report reflecting activity for June and July 2018 was reviewed and discussed.

Monthly Report
TitleJune 2018July 2018YTD 2018YTD 2017
New Proceedings Commenced
Section 101 – Review Petitions 7 9 40
Section 27-A – Public Employer Safety 2 1 2
Section 104 – Corporate Documents 0 0 1
Stay Applications 0 0 0
Total 9 10 46 140
Hearings Held
Total 5 7 57 63
Video Hearings Held
Capital District 1 0 1
Upstate 1 1 4
Downstate 2 1 44
New York City 3 5 41
Total 2 4 21 20
Hearings Scheduled/Not Held
Postponed 11 9 82 59
Resolved Prior to Hearing 5 2 39 30
Administratively Closed 5 2 35 52
Total 16 11 121 89
Board Resolutions
Total 18 0 41 81
Cases Closed
Section 101 14 0 34
Section 27-A 2 0 4
Section 104 2 0 2
Section WB 0 0 1
Total 16 0 39 77
Interim Resolutions
Stay Applications 0 0 0
Interim Decisions 2 0 2
Total 2 0 2 4

The meeting was moved into quasi-judicial deliberation at 9:25 a.m. and the Board’s guest, Mr. Robinson-Loffler, was excused from the conference room.

Resolutions of Decision

The following proposed Resolutions of Decision were introduced and discussed:

Settlements and approval of withdrawal of petitions/orders
Docket No.Name
PR 17-157 Gary W. Vander Mallie T/A Van Thomas Inc.

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

Section 101
Docket No.Name
PR 12-088 Kati Mancuso d/b/a Kati’s Place
PR 15-363 Anand D. Singh, Renu Hooda, and BJ Magazines Inc.
PR 16-051 Michael D. Andrzejewski and Great City Food, Inc. (T/A Mike A’s at The Lafayette)
PR 16-156 Thomas J. Falcone
PR 17-030 N Nguyen a/k/a The Nguyen and 374 Salon Inc. (T/A Envy Nails)
PR 17-105 Hugh H. Mo a/k/a Hugh Ha Mo and The Law Firm of Hugh H Mo P.C.
PR 17-110 Vlasdislav Borisob a/k/a Vladislov Borisov a/k/a Walter Vladimir And Textile Binding & Apparel Trimming, Inc.
PR 17-150 Michael Carl White and Hampton Beverage Worx Corp. T/A Montauk Beverage Works
PR 17-160 Lauren H. Simons and GRJH, Inc.
PR 18-013 East End Steel Fabrications, Inc.

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

Section 27-A
Docket No.Name
PES 16-010 Joel W. Frederick

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

Section 104
Docket No.Name
CI 18-003 Union Management Transportation Amalgamate Corp.

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

On motion by Ms. Doherty, the Board took a short recess at 10:35 a.m. and reconvened at 10:48 a.m. Mr. Robinson-Loffler returned to the meeting.

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. Doherty, and unanimously carried, the meeting was adjourned at 11:18 a.m.