Industrial Board of Appeals

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December 12, 2018

Call to Order

The regularly scheduled meeting of the Industrial Board of Appeals was held on December 12, 2018 by video conference from the Board’s main office in Albany, and its two regional offices located in New York City and Utica, New York. The Board’s Chairperson, Molly Doherty, called the meeting to order at 9:20 a.m.

Attendance

New York City

  • Molly Doherty, Chairperson
  • J. Christopher Meagher, Member
  • Gloribelle J. Perez, Member
  • Jean Grumet, Administrative Law Judge
  • Matthew Robinson-Loffler, Associate Counsel
  • Jane M. Ipanaque, Secretary for NYC

Albany

  • Anne Hohenstein, Managing Attorney

Utica

  • Michael A. Arcuri, Member

Minutes

On motion by Mr. Meagher, duly seconded by Mr. Arcuri, and unanimously carried, the minutes of the previous meeting held on October 24, 2018 were approved.

Reports

Reports showing statistics and case status were distributed to Board Members and staff. The monthly report reflecting activity for August and September 2018 was reviewed and discussed.

Monthly Report
TitleOctober 2018October 2017November 2018November 2017YTD 2018YTD 2017
New Proceedings Commenced
Section 101 – Review Petitions 11 7 78
Section 27-A – Public Employer Safety 0 0 8
Section 104 – Corporate Documents 1 1 4
Stay Applications 0 0 0
Total 12 11 8 15 89 200
Hearings Held
Total 8 11 3 10 74 100
Video Hearings Held
Capital District 0 0 1
Upstate 0 0 4
Downstate 1 1 15
New York City 7 2 54
Total 5 4 3 3 34 33
Hearings Scheduled/Not Held
Postponed 11 11 8 11 123 97
Resolved Prior to Hearing 7 5 4 3 55 51
Administratively Closed 6 4 4 3 50 70
Total 18 16 12 16 178 148
Board Resolutions
Total 10 9 0 0 63 94
Cases Closed
Section 101 9 0 54
Section 27-A 0 0 5
Section 104 0 0 3
Section WB 0 0 1
Total 9 8 0 0 60 89
Interim Resolutions
Stay Applications 0 0 0
Interim Decisions 1 0 3
Total 1 1 0 0 3 5

On motion by Ms. Perez, duly seconded by Mr. Arcuri, and unanimously carried, the meeting was moved into quasi-judicial deliberation at 9:23 a.m.

Consideration of Resolutions

Settlements and approval of withdrawal of petitions/orders
Docket No.Name
PR 17-128 Akbarali Himani and Harkesh Yadav and Alifine Dining Inc. (T/A Nankin Restaurant)

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 17-039 Giuliana M. Osorio and Genaro Vara and Mex-Italian Pizza Inc. (T/A Mario’s Pizza)
PR 17-120 Lorenzo Mannino and Giulio A. Mannino and IL Colosseo, LLC
PR 17-170 William Ritter a/k/a Bill J. Ritter III and QLS Linen Service Inc. T/A Quality Linen Service
PR 18-005 Yajaira L. Rojas and Aura M. Hernandez and Express Hand Car Wash & Detailing, Inc.

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

Section 101
Docket No.Name
PR 18-011 Gregory George

Board Member Christopher Meagher recused himself from participating in any discussion or voting in this matter and was excused from the meeting. On motion by Mr. Arcuri, duly seconded by Ms. Perez, and unanimously carried, the Resolution of Decision under Section 101 was adopted.

On motion by Mr. Arcuri, duly seconded by Ms. Perez, and unanimously carried, the meeting moved out of quasi-judicial deliberation and Mr. Meagher returned to the meeting at 9:50 a.m.

Discussion

The Board discussed the following topics:

Upcoming Board Meeting Dates and Locations

Adjournment

There being no further business, upon motion by Mr. Meagher, duly seconded by Ms. Perez, and unanimously carried, the meeting was adjourned at 10:36 a.m.