Industrial Board of Appeals

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December 9, 2015 Meeting Minutes

Call to Order

The regularly scheduled meeting of the Industrial Board of Appeals was held on December 9, 2015 at the Board’s office located in New York City. The Board’s Chairperson, Vilda Vera Mayuga, called the meeting to order at 9:27 a.m.

Attendance

  • Vilda Vera Mayuga, Chairperson
  • J. Christopher Meagher, Member
  • LaMarr J. Jackson, Member
  • Michael A. Arcuri, Member
  • Jean Grumet, Administrative Law Judge
  • Devin A. Rice, Associate Counsel
  • Anne Hohenstein, Esq.
  • Joshua D. Riegel, Empire Fellow
  • Dana E. DePass, Secretary for Albany Office
  • Meghan Kayser, Secretary for Albany Office
  • Jane M. Ipanaque, Secretary for NYC Office

Minutes

On motion by Mr. Meagher, duly seconded by Ms. Jackson, and unanimously carried, the minutes of the previous meeting held on October 28, 2015, were approved.

Monthly Report

The monthly report for October and November 2015 reflecting activity as follows was reviewed and discussed.

Monthly Report
TitleOctober 2015November 2015Year to Date 2015
New Proceedings Commenced
Section 101 – Review Petitions 40 35 395
Section 27-A – Public Employer Safety 0 0 14
Section 104 – Corporate Documents 1 1 15
Stay Applications 0 0 0
Total 53 374 256
Hearings Held
Total 7 4 137
Video Hearings Held
Capital District 0 0 3
Upstate 1 0 31
Downstate 1 0 18
New York City 5 0 85
Total 7 0 63
Hearings Scheduled/Not Held
Postponed 21 11 128
Resolved Prior to Hearing 10 7 136
Total 31 18 264
Board Resolutions
Total 41 0 420
Cases Closed
Section 101 37 0 386
Section 27-A 1 0 11
Section 104 2 0 17
Total 40 0 414
Interim Resolutions
Stay Applications 0 0 0
Interim Decisions 1 0 6
IBA Rules 0 0 0
Total 1 0 6

On motion by Ms. Jackson, duly seconded by Mr. Arcuri, and unanimously carried, the meeting was moved into executive session at 9:45 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 14-197 Moon Kee Lee and Blooming Import, Inc.
PR 14-198 Halit Koljenovic a/k/a Johnny Koljenovic and The Attic Corporation of Douglaston, (T/A Locale)
PR 14-316 Stephen Smith (T/A Arborscaper Tree & Landscape)
PR 14-337 Sukru U. Akkaya and Ahmet Cayan and Mustafa Q. Catalbas and Mustafa Kahraman and Atilla C. Akcay and Sefer Kahyaoglu and Gulseren A. Akcay and Quick Star Mart, Inc.
PR 14-338 Sukru U. Akkaya and Ahmet Cayan and Mustafa Q. Catalbas and Mustafa Kahraman and Atilla C. Akcay and Sefer Kahyaoglu and Gulseren A. Akcay and Kayla Enterprises, Inc. (T/A Citgo)
PR 14-339 Sukru U. Akkaya and Ahmet Cayan and Mustafa Q. Catalbas and Mustafa Kahraman and Atilla C. Akcay and Sefer Kahyaoglu and Gulseren A. Akcay and Ariana & Zehra Corp. and 366 Alis Gas Corp. and Yakamoz Corp. (T/A Citgo)
PR 14-340 Sukru U. Akkaya and Ahmet Cayan and Mustafa Q. Catalbas and Mustafa Kahraman and Atilla C. Akcay and Sefer Kahyaoglu and Gulseren A. Akcay and 1099 Gas Corp. and C-Mart Express, Inc. (T/A Citgo) Also (T/A C-Mart Express)
PR 14-341 Sukru U. Akkaya and Ahmet Cayan and Mustafa Q. Catalbas and Mustafa Kahraman and Atilla C. Akcay and Sefer Kahyaoglu and Gulseren A. Akcay and 1099 Gas Corp. and Cihad Corp. and Quick Star Mart Inc. and Yol Corp. (T/A Citgo) also (T/A Amoco) Also (T/A Quick Star Mart)
PR 14-352 Sukru U. Akkaya and Ahmet Cayan and Mustafa Q. Catalbas and Mustafa Kahraman and Atilla C. Akcay and Sefer Kahyaoglu and Gulseren A. Akcay and 519 KNC Gas Corp. and Umut Corp. (T/A Ocgan Gas Station)
PR 15-006 Young Joo Rhee A/K/A Julie Rhee (T/A Alpha Institutes LLC)
PR 15-015 Karl Anthony Crnobori and Carol Crnobori and Southwest 85th Restaurant Corp. (T/A Mustang Grill)
PR 15-096 Tatiana Ilyaich A/K/A Tatiana Rakhmonova and Pinocchio Children’s Palace I Corp. (T/A Pinocchio Children’s Palace)
PR 15-102 Vito Garofalo III
PR 15-114 Donald W. Utsching and ASNF, LLC
PR 15-126 Michael P. Rosenberg and Maxs Kitchen Inc. (T/A Volcanos Burgers and Salads)
PR 15-163 Paul S. Taxin and Paul S. Taxin D.M.D. PC
PR 15-170 James Mateus A/K/A Jimmy Mateus and Ricardo LLC (T/A Ricardo Steakhouse)
PR 15-172 Sanjeev Kumar Mishra and Balaji Super Bazar LLC
PR 15-173 Timothy K. Stackhouse and Polished Clean Janitorial Services, Inc. (T/A Polished Clean Janitor)
PR 15-175 Akhtar Zahir Ahmad and Apple Auto Body Repair, Inc.
PR 15-178 Viena Ludewig and Emergency Responder Products, LLC
PR 15-183 Kristopher M. Rodger d/b/a Moravia Cash Register
PR 15-185 Maxim Greenberg
PR 15-190 Kenneth Fellus and Bravo Enterprises Inc. (T/A Bravo Pizza)
PR 15-191 Kenneth Fellus and ASKL Enterprises Inc. (T/A Bravo Pizza)
PR 15-192 Kenneth Fellus and 18 Pizza, LLC (T/A Bravo Pizza)
PR 15-204 Western Beef Retail, Inc.
PR 15-237 David Taylor and TRAX ETC. INC.
PR 15-271 Jin He Chen
PR 15-275 Lewis Visconti A/K/A Louis Visconti and MTEK Contracting LLC
PR 15-284 Asen S. Kostadinov and Go New York Tours Inc.
PR 15-285 David Mark Petrucco, Sr. and Pasqualina R. Petrucco and Petrucco Dentistry PLLC.
PR 15-322 Ryan T. Bloch and Body Cosmetica LLC and The Bloch Group, LLC
PES 15-014 The City of Buffalo

On motion by Ms. Jackson, 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 10-188 Krista Schultz and RKJ Interests LLC – REISSUED DECISION
PR 11-394 Joseph Baglio and The Club at Windham, Ltd.
PR 12-028 Hung Cheng a/k/a Holly Cheng and New Asian Supermarket, Inc.
PR 12-040 Rafael Almonte and D’Almonte Enterprises Parking Garage Inc.
PR 12-152 Saturnina Serrano (T/A Teletronic Radio & T.V. Co.)
PR 15-045 Lori A. Sottilotta and Royale Class, Inc. and Royale Class Consulting, Inc.
PR 15-129 Majed Y Al Salaj and Columbia Street Limousine Service, Inc.
PR 15-142 Abraham B. Greenfield and Ahava Medical & Rehabilitation Center, LLC
PR 15-188 Manuel A. Caisaguano a/k/a Emanuel Caisaguano and Maca Restaurant, Corp. (T/A Firenze Ristorante)
PR 15-207 Earl Edwards and Robertina R. Edwards and Stepping Up Day Care Center, Inc.
PR 15-221 Elisas Food & Plus No 1, Inc. (T/A Elisas Food & Plus)
PR 15-253 Markku V. Wekara a/k/a Mark Wekara and Christopher Haigney and Optigolf Syracuse LLC and Optigolf America, LLC
PR 15-259 Mwez Blas and Izak Blas and Smarty of New York Inc.
PR 15-261 Jonathan A. Saslaw And Custclo Inc.
PR 15-266 Frickly Mejia and Mohammed El Baroudy and F & M Used Tires Inc.
PR 15-278 Linda J. Cunegin and Tri-County Home Nursing Services, Inc.

With the exception of PR 12-152, on motion by Mr. Meagher, duly seconded by Ms. Jackson, and unanimously carried, the Resolutions of Decision under Section 101 were adopted.

Ms. Mayuga was recused from participating in the discussion or voting on Docket No. PR 12-152. On motion by Mr. Arcuri, duly seconded by Ms. Jackson, and unanimously carried, the Resolution of Decision under Section 101 for Docket No. PR 12-152 was adopted.

Section 657
Docket No.Name
WB 15-001 National Restaurant Association

On motion by Mr. Meagher, duly seconded by Ms. Mayuga, and unanimously carried the Resolution of Decision under Section 657 was adopted.

Discussion

The Board discussed the following topics:

  1. Retroactive application of statute re LDs
  2. DOL answer not pleading facts – attaching investigative report
  3. Sequestering witnesses – who stays: petitioner? DOL investigator? claimant/s?
  4. Preponderance of the evidence vs. substantial evidence
  5. Decisia

On motion by Ms. Jackson, duly seconded by Mr. Meagher, and unanimously carried, the meeting was moved out of executive session at 1:25 p.m.

Board Meeting Dates and Locations

Adjournment

There being no further business, upon motion by Ms. Jackson, duly seconded by Ms. Mayuga, and unanimously carried, the meeting was adjourned at 12:00 P.M.