Industrial Board of Appeals

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December 17th, 2014

Call to Order

The regularly scheduled meeting of the Industrial Board of Appeals was held on December 17, 2014 @ 11:19 a.m. in New York, New York. 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
  • Frances P. Abriola, Member
  • Jeffrey M. Bernbach, Executive Director
  • Devin Rice, Associate Counsel
  • Jean Grumet, Administrative Law Judge
  • Dana E. DePass, Secretary for Albany office
  • Jane M. Ipanaque, Secretary for New York City office

Minutes

On motion by Ms. Jackson, duly seconded by Ms. Abriola, and unanimously carried, the minutes of the previous meeting held on November 5, 2014, were approved.

Monthly Report

The monthly report for November 2014 reflecting activity as follows was reviewed and discussed.

Monthly Report
TitleSept-14Oct-14YTD-14
New Proceedings Commenced
Section 101 – Review Petitions 0 33 312
Section 27-A – Public Employer Safety 0 1 11
Section 104 – Corporate Documents 0 1 13
Stay Applications 0 0 0
Total 15 35 336
Hearings Held
Total 9 19 187
Video Hearings Held
Capital District 0 2 23
Upstate 0 0 14
Downstate 0 4 42
New York City 0 13 108
Total 4 10 83
Hearings Scheduled/Not Held
Postponed 0 20 172
Resolved Prior to Hearing 0 16 212
Total 28 36 384
Board Resolutions
Total 76 18 578
Cases Closed
Section 101 0 46 546
Section 27-A 0 0 10
Section 104 0 2 16
Total 75 48 572
Interim Resolutions
Stay Applications 0 0 0
Interim Decisions 0 0 6
IBA Rules 0 0 0
Total 1 0 6

Resolutions of Decision

The following proposed Resolutions of Decision were introduced and discussed:

Settlements and approval of withdrawal of petitions
Docket No.Name
PR 11-295 Rohely Ben Ami A/K/A Rachel Ben Ami and Alon Ben Ami
PR 11-329 Richard Harrison and RWC Services Inc.
PR 11-337 Rossana Bortone, Emilio Lamanna, and Almar Supplies, Inc.
PR 12-032 Robert Zarin and David Zarin and Zarin Home Corp (T/A Zarin Fabrics)
PR 12-099 Terek Dean Bahgat and Legacy Quest Advisors LLC
PR 12-155 Stuart Richner & Mekea Hurwitz & Brigid Barkley & Phyllis Steele & Richner Communications, Inc. (T/A RCI Communications) also (T/A Primetime)
PR 12-172 Yung Ihn Lee A/K/A Tony Lee and Melody Cleaners of East Meadow, Inc.
PR 13-032 Hewerson Morais and Venture Painting Corp.
PR 13-106 Michael Gluckman and Foodtastic, Inc.
PR 13-120 Ferdinand Mignone a/k/a Fred Mignone and Island Cleaning and Maintenance, Inc. (T/A Island Laundry)
PR 13-136 Sonia Lewenberg
PR 13-148 Ivan W. Garrido and Garrido Company Truck, Inc.
PR 13-162 Muslija Mike Cobic a/k/a Michael and AAACD Palace Corp. (T/A La Novella Ristorante)
PR 13-182 Nachum Singer A/K/A Nachem Singer A/K/A Nachum Macham and Immediate Home Care I LLC (T/A Immediate Home Care)
PR 13-183 Nachum Singer A/K/A Nachem Singer A/K/A Nachum Macham and Immediate Home Care I LLC (T/A Immediate Home Care)
PR 13-184 Nachum Singer A/K/A Nachem Singer A/K/A Nachum Nacham and Immediate Home Care I LLC (T/A Immediate Home Care)
PR 13-197 Daniel Aaron Schlesinger
PR 13-201 David Lewis and Nouveau Development Group, LLC and Country Designs, Inc.
PR 14-013 Frank Clara and Michael J. Clara and F&N Food Corp. (T/A Ciro’s Pizzeria & Restaurant)
PR 14-016 M &S Hotels LLC (T/A Holiday Inn Express)
PR 14-024 Samuel Weiss (T/A Talmud Torah of Kasho)
PR 14-037 Noel Ashman and Ask 244, LLC and Ask 244 Corp. (T/A The Plumm)
PR 14-039 Anthony Rolleri and R&I Pizza Corp. (T/A Angelo’s Pizza)
PR 14-043 Philip Huberfeld and Something New On Broadway, Inc. (T/A Kosher Delight)
PR 14-045 Peter Spinelli and CFO Publishing LLC (T/A SKS CFO Publishing Acquisition, LLC)
PR 14-089 Abdula M. Abu-Saab A/K/A Mike Saab and Salat Meat & Grocery Corp. (T/A C-Town Supermarket)
PR 14-091 Bernadette P. Babiel and Kiwis' Historical Building Ltd. (T/A Hallo Berlin)
PR 14-102 Diane Finkbeiner and Edward Finkbeiner and The Niagara at Barton Hill, Inc. DBA Barton Hill Hotel & Spa
PR 14-112 Steven R. Feldberg Sr. and Martin Feldberg of Sovereign Ltd.
PR 14-133 Ahoud Avshalomov and 2 Feet Productions, Inc.
PR 14-148 Yim Lan Dong A/K/A Jennie Dong and JD Apparel Group, Inc.
PR 14-150 Blackbook Capital LLC
PR 14-152 Sholom Laine and Yosef Yitchak Laine and the Print House, Inc.
PR 14-155 Gilbert G. Yee a/k/a Pen Huang and Hunter & Yorker Corp. (T/A Gulf Gas Station)
PR 14-169 Robert B. Clark Sr. and Lisa N. Clark and Central Sewer Service Inc.
PR 14-171 Alicja Stone A/K/A Alicia Stone-Jozwiak
PR 14-195 John Mantzopolous and Karpenisland East, Inc. (T/A Athens Gyro & Grill)
PR 14-203 Nick Kostas Kalogerogiannis A/K/A Nikolaos Kostas Kalogerogiannis and Hellas Glass Works Corp.
PR 14-205 Michelle L. Errico and Jose Alberto Munoz A/K.A Joe Munoz and The Salon at Westchester (T/A The Salon)
PR 14-208 Matthew P. Delany and Coachman Luxury Transport, Inc. (T/A Coachman)
PES 14-009 Civil Service Employees Association, Inc., Local 1000, AFSCME, AFL-CIO

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. Abriola and unanimously carried the meeting was moved into executive session.

Section 101
Docket No.Name
PR 10-361 Russ D. Gerson and The Gerson Group, LLC., Modified and Reissued Decision
PR 11-049 Edward Lillie
PR 11-086 Ashiraf Elgharib and CD Broadway Food Corp. (T/A Associated Supermarket)
PR 11-156 Jeffrey C. Gannon and Gala Construction of Dutchess County, Inc.
PR 11-242 Mitchell B. Nesenoff and CES Industries, Inc.
PR 13-055 Rafael Martinez
PR 13-098 Guerdy Oxilus
PR 13-118 Fred Chall and Fred Chall Marine, Inc.
PR 13-124 Frederick Bodie, Guerdy Oxilus, and John Edward Bruce Day Care Center, Inc. (T/A John Edward Bruce Day Care Center 2)
PR 14-002 Catello Viviani
Catello Viviani Oubideh Allaham a/k/a Eddie Allaham and DV&A Restaurant, LLC (T/A Chateau Steakhouse
PR 14-078 Alexander Vayser (T/A All Tech USA)
PR 14-085 Kenny Deng Feng Chan
PR 14-145 Ibrahim Ndoye
PR 14-158 Gary Anastasi, Richard Anastasi & Anastasi Trucking Inc. (T/A Anastasi Trucking and Paving Co.)
PR 14-191 Gina Carr and Teammaids, II, Inc.

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

Interium Decision
Docket No.Name
PR 14-147 Kenneth Orrand Stone Mountain Accessories, Inc.
PR 14-149 Stone Mountain USA LLC
PR 14-168 Carlos De La Rosa and Decofull Installations Inc.

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

Section 27-A
Docket No.Name
PES 14-010 Marval Building Maintenance d/b/a Geo Window Cleaning

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

Section 104
Docket No.Name
CI 14-016 Plumbers For A Stronger Union NYC Inc.

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

On motion by Mr. Arcuri, duly seconded by Ms. Abriola and unanimously carried the meeting was moved out of executive session.

Discussion

The Board discussed the following topics:

  • Settlements on the record
    • Withdrawal of petition – must ensure this is recorded in order to be valid
    • Written stipulation? – if one is requested on the record, may not be that case settled on the record
  • Banking law
    • Superintendent of “financial services” NOT “banks” – law was amended so make sure decision reflects proper wording
    • Percent per centum – is repetitive and law only uses one, so make sure decision reflects proper wording
  • Lexis accounts – everyone should have access to one to research for the IBA decisions; please notify Vilda if you need one
  • Board Meeting Dates
    • Wednesday, January 28, 2015, Board Meeting in Albany at 10:00 a.m.
    • Wednesday, March 11, 2015, Board Meeting in NYC, room D at 9:00 a.m.
    • Wednesday, April 22, 2015, Board Meeting in Albany at 10:00 a.m.
    • Wednesday, June 3, 2015, Board Meeting in NYC, room D at 9:00 a.m.
    • Wednesday, July 15, 2015, Board Meeting in Albany at 10:00 a.m.

Adjournment

There being no further business, upon motion by Ms. Mayuga, duly seconded by Ms. Jackson and unanimously carried, the meeting was adjourned at 12:26 P.M.