Industrial Board of Appeals

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December 14, 2016

Call to Order

The regularly scheduled meeting of the Industrial Board of Appeals was held on December 14, 2016 by video conference from the Board’s regional office located in New York City and its main office in Albany, New York. The Board’s Chairperson, Vilda Vera Mayuga, called the meeting to order at 9:20 a.m.

Attendance

New York City

  • Vilda Vera Mayuga, Chairperson
  • J. Christopher Meagher, Member
  • Michael A. Arcuri, Member
  • Molly Doherty, Member
  • Gloribelle J. Perez, Member
  • Jean Grumet, Administrative Law Judge
  • Devin A. Rice, Counsel
  • Joshua David Riegel, Attorney
  • Jane M. Ipanaque, Secretary

Albany

  • Anne Hohenstein, Managing Attorney
  • Dana E. DePass, Secretary

Minutes

On motion by Mr. Arcuri duly seconded by Mr. Meagher, and unanimously carried, the minutes of the previous meeting held on October 26, 2016, were approved.

Reports

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

Monthly Report
Title OCT-16 NOV-16 OCT-15 NOV-15 YTD-16 YTD-15
New Proceedings Commenced
Section 101 – Review Petitions 8 14     136  
Section 27-A – Public Employer Safety 1 2     15  
Section 104 – Corporate Documents 4 3     23  
Stay Applications 0 0     0  
Total 13 19 41 35 174 424
Hearings Held
Total 7 15 7 19 134 137
Video Hearings Held
Capital District 0 0     0  
Upstate 4 4     35  
Downstate 2 2     21  
New York City 9 9     78  
Total 5 5 5 10 57 63
Hearings Scheduled/Not Held
Postponed 10 10     149  
Resolved Prior to Hearing 13 11     159  
Total 23 21 31 36 308 264
Board Resolutions
Total 28 0 70 48 302 420
Cases Closed
Section 101 25 0     278  
Section 27-A 0 0     5  
Section 104 2 0     13  
Total 27 0 70 48 296 414
Interim Resolutions
Stay Applications 0 0     0  
Interim Decisions 1 0     6  
IBA Rules 0 0     0  
Total 1 0 0 0 6 6

On motion by Mr. Meagher duly seconded by Ms. Doherty, and unanimously carried, the meeting was moved into executive session at 9:30 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 13-205 Maximino Bello and M.D.D. Enterprises, Inc. (T/A La Isla Restaurant)
PR 14-156 Maximino Bello A/K/A Javier Gutierrez and 10455 Enterprises Inc. (T/A La Isla Restaurant)
PR 15-239 Eli Halali and St. Marks 2 Bros Pizza, Inc. (T/A 2 Bros Pizza)
PR 15-279 Joseph Gambino A/K/A Giuseppe Gambino and Joseph Barvieri and Salpino Food Corp. and Bella Café Food Corp. (T/A Salpino III)
PR 15-359 Long Deng and Spicy Bubbles Inc. (T/A Pine Court Chinese Bistro)
PR 15-362 Olive Archer and Sylvan Maurice Henry Sr. and Abundant Life Agency, Inc.
PR 16-040 Erick J. Herman and Herman Brothers, Landscape Contracting Corp.
PR 16-049 Teresa E. Espinoza and Milonga Arepas & Tapas Grill Inc.
PR 16-124 Mordechai Friedman a/k/a Marvin Friedman
PES 16-005 Leonard Jenik

On motion by Ms. Perez 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 14-061 Gary Hsin Liang a/k/a Gary Liang and Happy Lemon Inc.
PR 14-216 Tracy Krawitt and Spacey Tracy’s, Inc. (T/A Spacey Tracy’s Pickles)
PR 15-073 Spiridon Varlas a/k/a Spiro Varlas and AAA Food Delights Inc. (T/A Euro Delights)
PR 15-079 Syndie Molina a/k/a Dr. Syndie G.E. Molina and Family Fitness Unlimited LLC
PR 15-205 Bulganin B. Chandok, Sr. a/k/a Bulganin Chandhok, Sr. and Reena B. Chandok, Sr. a/k/a Reena Chandhok, Sr. and Triple V Enterprises LLC (T/A Universal Maids) and Royal Services, Inc. (T/A Molly Maid of NE Queens County Inc.)
PR 15-236 AJ J. Black a/k/a AJ Black and IL Tesoro Ristorante and Bar, LLC (T/A IL Tesoro Restaurante)
PR 15-256 AJ J. Black a/k/a AJ Black and IL Tesoro Ristorante and Bar, LLC (T/A IL Tesoro Restaurante)
PR 16-032 Angel Salgado and Coamex Restaurant Inc. (T/A Casa Colombia)
PR 16-106 Pomadoro Ristorante & Pizzeria Inc. (T/A Pomodoro Restaurant & Pizzeria)

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

Interim Decisions
Docket No. Name
PR 16-060 Jimmy La (T/A Nails 4 U)

On motion by Mr. Meagher duly seconded by Ms. Mayuga, and unanimously carried, the Interim Resolution of Decision under Section 101 was adopted.

Section 104
Docket No. Name
CI 16-019 Ontario County Lieutenants Police Benevolent Association, Inc.
CI 16-020 Coalition of Taxi Drivers NYS Inc.
CI 16-022 Hudson Falls Police Benevolent Association, Inc.
CI 16-023 The Brotherhood of Western New York Water Workers, Inc.
CI 16-024 Workers Center of The Southern Tier of New York, Co.

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

Discussion

The Board discussed the following topics:

  1. Payroll card regulations
    • Board Member, Molly Doherty, recused herself from participating in any discussion relating to this subject matter and departed the conference room at 10:46 a.m.
    • Oral Argument was scheduled for January 25, 2017 at 11:00 a.m.
    • A special Board meeting by video was scheduled for February 16, 2017 at 10:00 a.m.

On motion by Mr. Arcuri duly seconded by Mr. Meagher, and unanimously carried, the meeting was moved out of executive session at 10:55 a.m. at which time Board Member, Molly Doherty, returned to the meeting.

  1. Mandatory training
    • Ms. DePass will email the necessary documents required to complete any pending mandatory training.
  2. Pre-Hearing
    • In the event that a party has not joined in the call, the Hearing Officer must have a Board secretary attempt to reach the missing party.
  3. D. Other
    • - The Chairperson proposed that a draft of the Board’s Rules may be ready by mid-2017.
    • - To accommodate Board Member, Michael Arcuri’s schedule, secretaries will reserve the video conference room in Utica, NY for upcoming meetings.

Upcoming Board Meeting Dates and Locations

Adjournment

There being no further business, upon motion by Ms. Mayuga duly seconded by Mr. Meagher, and unanimously carried, the meeting was adjourned at 11:09 a.m.