Industrial Board of Appeals

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August 7, 2014

Call to Order

The regularly scheduled meeting of the Industrial Board of Appeals was held by video conference from Albany, New York and White Plains, New York on Thursday, August 7, 2014 at 10:47 A.M. The Board’s Chairperson, Vilda Vera Mayuga, called the meeting to order.

Attendance

  • Vilda Vera Mayuga, Chairperson
  • J. Christopher Meagher, Member
  • LaMarr J. Jackson, Member
  • Michael A. Arcuri, Member
  • Wendell P. Russell, Jr., Counsel
  • Devin A. Rice, Associate Counsel
  • Jean Grumet, Administrative Law Judge
  • Jeffrey M. Bernbach, Executive Director (by video from White Plains, New York)
  • Dana E. DePass, Secretary for Albany office

Minutes

On motion by Ms. Jackson, duly seconded by Mr. Meagher, and unanimously carried, the minutes of the previous meeting held on July 1, 2014, were approved.

Monthly Report

The monthly report for May, June and July 2014 reflecting activity as follows was reviewed and discussed.

Monthly Report
TitleMay-14June-14July-14YTD-14
New Proceedings Commenced
Section 101 – Review Petitions 26 19 24 161
Section 27-A – Public Employer Safety 0 0 0 5
Section 104 – Corporate Documents 0 1 1 8
Stay Applications 0 0 0 0
Total 26 20 25 174
Hearings Held
Total 23 13 16 120
Video Hearings Held
Capital District 5 2 1 16
Upstate 2 2 4 11
Downstate 8 2 4 27
New York City 8 7 7 66
Total 23 13 16 120
Hearings Scheduled/Not Held
Postponed 16 16 20 109
Resolved Prior to Hearing 23 13 16 120
Total 47 40 37 262
Board Resolutions
Total 65 0 76 398
Cases Closed
Section 101 63 0 72 374
Section 27-A 1 0 0 10
Section 104 1 0 0 10
Total 65 0 76 394
Interim Resolutions
Stay Applications 0 0 0 0
Interim Decisions 0 0 0 4
IBA Rules 0 0 0 0
Total 0 0 0 4

Resolutions of Decision

The following proposed Resolutions of Decision and Interim Resolutions of Decision were introduced and discussed:

Settlements and approval of withdrawal of petitions
Docket No.Name
PR 10-038 Andrew M. Klapper, MD, and Lite Touch Plastic Surgery PC
PR 10-315 Carlos Rodriguez, Joseph Neri, Kurt Hummel, John Yim, Chris Morrow and Jon Hummel D/B/A Tri-Financial
PR 11-208 Dennis G. O'Hara Sr. and Dennis O'Hara Jr. and O'Hara Law Office P.C. (T/A O'Hara, O'Connell & Ciotoli)
PR 11-248 Beatrice M. Pierce and Vento Corp. (T/A Vespa Cibobuono)
PR 11-318 Zhong He Zuo and Poke Restaurant, Inc
PR 11-372 Miguel Montas and Javier and David Restaurant Corp. (T/A Nuevo Caridad Restaurant)
PR 11-381 James S. Salera and Paul J. Romano and Ro-Sal Plumbing and Heating, Inc.
PR 12-020 Bog Lye Na D/B/A New Viva Nails also (T/A Viva Nails) also ( T/A New Vival Nails) also (Viva Nail Salon)
PR 12-030 Mohammed Moinill Islam and Arafa Travel & Tours
PR 12-063 Jose Y. Amezquita and Emerald Maintenance Corp.
PR 12-110 United Staffing Systems, Inc. et al
PR 12-135 Ronco Communications and Electronic, Inc.
PR 12-158 John P Missale and Creative Blizzard Incorporated
PR 13-025 Kocho Ognenovski aka Gus Ognenovski
PR 13-046 Lauren Gabrielson-Pereira and Laureng LLC
PR 13-053 Terrence Lewis (T/A Lewis Construction & Detailing)
PR 13-056 Madeline Morel, Delilah McKenzie and Telecom Answering Service, Inc. (T/A Doctors Telecom, Inc.)
PR 13-101 Phat Truong and Tai Truong and Saigon Bangkok Restaurant Inc.
PR 13-141 Nur Khan (T/A Don Hills)
PR 13-151 Ray W. Rowney, Jr. and Soundview Healthcare Corporation
PR 13-156 Cardinal Logistics Management Corp.
PR 13-176 Deval Soni and Auro Signs, Inc.
PR 13-199 Bidjudutta Mohapatra and Peter Arnold and Bibhu LLC
PR 13-200 James M. Joyce and J & K’s Superb Food Inc. (T/A James M. Joyce and J & K’s Superb Food Inc. (T/A Alexanders Lounge)
PR 13-203 Aron Govil and Vandanna R. Govil A/K/A Wendy Govil and Stuart Thomas Catering Inc. (T/A Stuart Thomas Manor)
PR 14-011 Equinox Holdings Inc.
PR 14-034 Angelo Pisacreta (T/A Krunch Pizza Bar, LLC)
PR 14-060 Phillippe Kayadjanian and PK Restaurant, LLC
PR 14-081 George Kourkounakis and ALR Environmental Corp.
PR 14-084 John Stefanidis and William Kotos and JJMJD Hyundai Associates LLC (T/A JJD Hyundai Associates)
PR 14-093 Bruce F. Metcalf and Metcalf Carting Co., Inc.
PR 14-097 Sherry A. Argueta & Boulder Services, LLC
PR 14-106 Ali Mayar and Merchant Advance Express, Inc.
PR 14-108 James A. Lincoln
PR 14-111 Jennifer L. Schwartz and Synergy Fitness of Farmingdale, Inc. (T/A Synergy Fitness)
PR 14-121 Justin Parkhurst and Christy Parkhurst and Orion Recreational Enterprises, Inc. d/b/a Paddy's Irish Pub

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

On motion by Ms. Mayuga, and duly seconded by Ms. Jackson and unanimously carried the meeting was moved into executive session.

Discussion

The Board discussed the following topics:

  • Minutes being posted on the Website.
  • Jerome Tracy doing the Ethics Training at the Board’s September Board Meeting
  • Scheduling
    • Setting PH with the Hearing Officer given a certain time to set hearing date
    • Case processing time line discussed
    • Tracking case processing
  • Case Status Report
    • Reviewed and discussed
  • Hearing Officers to qualify – video hearing granted only if room available
  • Hearing Officers to send exhibits to Albany after hearings
  • Decisions to be submitted within 60 days of receipt of transcript
  • Devin Rice to work on rewriting rules – send him any suggestions
  • Vacation schedules to be sent to support staff
  • All Decisions for September Board Meeting due 9/10/14
Section 101
Docket No.Name
PR 10-285 Guolin Shi and The Society of Shaolin Temple, Inc.
PR 10-339 Firequench, Inc.
PR 10-375 Joseph P. Barchitta
PR 11-040 Michael Caruso
PR 11-184 Gary Hsin Liang (T/A Happy Lemon Inc.)
PR 11-241 Joseph Barchitta and Michael Christopher Construction Corp.
PR 11-338 Richard Tagliarino, Nancy Hayden and Talent Tour USA, Ltd. (T/A Dance XPlosion)
PR 12-016 Muna Gowandan
PR 12-034 Hudson Valley Mall Dental
PR 12-068 Chloe Kontogiannis a/k/a Chloe Henning
PR 12-069 Lisa Kontogiannis and LCK Services Corp
PR 12-085 Georgia Kontogiannis (T/A Brookville Plaza Management)
PR 12-128 Christopher Reda and Downtown Restaurant Group, LLC (T/A Griffin Nightclub)
PR 12-188 Derek Sullivan (T/A Sullivan Painting)
PR 13-044 George W. Bakker and Bakker Service Station Inc.
PR 13-054 Gerald Paul Hillman and Chareeva Productions Ltd.
PR 13-108 Patrick M. Seguin and Pioneer Printwear, Inc.
PR 13-131 Dennis Trippi Sr. and Frank Trippi III
PR 13-181 Maroun C. Boumoussa a/k/a Mike Boumoussa
PR 13-194 Jason Moodie and David Sandberg and Aqua Marlborough, LLC (T/A Hudson Valley Car Wash)
PR 14-002 Catello Viviani
PR 14-041 Philip Ciocci
PR 14-113 Thomas Vicari and Casa Havana

On motion by Ms. Jackson, duly seconded by Mr. Arcuri and unanimously carried, the Resolutions of Decision under Section 101 were adopted. Ms. Mayuga, Chairperson recused herself from participating in the discussion and vote regarding PR 12-016, Muna Gowandan.

Interim Resolution
Docket No.Name
PR 14-085 Kenny Deng Feng Chan

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

Calendar

Forthcoming meetings were discussed and scheduled as follows:

  • Wednesday, September 24, 2014, Board Meeting at 10:30 a.m. in NYC
  • Wednesday, November 5, 2014, Board Meeting at 10:30 a.m. in Albany
  • Wednesday, December 17, 2014, Board Meeting at 10:30 a.m. in NYC

Adjournment

There being no further business, upon motion by Ms. Jackson, duly seconded by Mr. Meagher and unanimously carried, the meeting was adjourned at 2:32 P.M.