Industrial Board of Appeals

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January 20, 2016 Meeting Minutes

Call to Order

The regularly scheduled meeting of the Industrial Board of Appeals was held by video conference on January 20, 2016 between the offices located in Albany, New York and White Plains, New York. The Board’s Chairperson, Vilda Vera Mayuga, called the meeting to order at 10:30 a.m.

Attendance

Albany

  • Vilda Vera Mayuga, Chairperson
  • J. Christopher Meagher, Member
  • LaMarr J. Jackson, Member
  • Michael A. Arcuri, Member
  • Joshua D. Riegel, Empire Fellow
  • Dana E. DePass, Secretary for Albany Office

White Plains

  • Jean Grumet, Administrative Law Judge

Minutes

On motion by Ms. Jackson, duly seconded by Mr. Meagher, and unanimously carried, the minutes, with noted change, of the previous meeting held on December 9, 2015, were approved.

Monthly Report

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

Monthly Report
TitleDecember 2015Year to Date 2015
New Proceedings Commenced
Section 101 – Review Petitions 25 420
Section 27-A – Public Employer Safety 1 15
Section 104 – Corporate Documents 1 16
Stay Applications 0 0
Total 27 451
Hearings Held
Total 4 144
Video Hearings Held
Capital District 1 4
Upstate 2 33
Downstate 1 19
New York City 3 88
Total 2 65
Hearings Scheduled/Not Held
Postponed 14 142
Resolved Prior to Hearing 11 147
Total 25 289
Board Resolutions
Total 49 469
Cases Closed
Section 101 48 434
Section 27-A 1 12
Section 104 0 17
Total 49 463
Interim Resolutions
Stay Applications 0 0
Interim Decisions 0 6
IBA Rules 0 0
Total 0 6

On motion by Mr. Arcuri, duly seconded by Ms. Jackson, and unanimously carried, the meeting was moved into executive session at 10:50 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 14-168 Carlos De La Rosa
PR 14-196 Susan W. Gallant & Lawrence Malitzky & Galster Management Corp.
PR 14-302 Michael Sackos and Aegea Corporation
PR 15-115 Fausto Roberto Millan (T/A Fausto Roberto)
PR 15-169 Morton Ye Sohlberg and Min Y. Ye and Smorgas Chef, LLC
PR 15-179 James J. Schinazi and Hadassah Schinazi
PR 15-186 Hitendra Shah and Anshu Enterprise Inc. (T/A The Barn Milk and Things)
PR 15-193 Antonio M. Pensato and Milton E. Martinez and A. Pensato Ind. LLC
PR 15-195 Fen Zhao Chen
PR 15-197 Anil Jauhar and Ride N’Bite Inc. (T/A BP Gas Station)
PR 15-212 All Metro Aids, Inc. and All Metro Home Care Services, Inc. (T/A All Metro Health Care)
PR 15-229 P.J. Mini Market
PR 15-251 Geoffrey Marc Byruch and HFP Capital Markets LLC
PR 15-254 Nassef Samy Astafanous III A/K/A Samy Nassef Astafanous III A/K/A Nassef Samy Astasanous and Samuel Pizza & Restaurant Inc.
PR 15-260 Renee M. Begin A/K/A Renee Pansini and U.S. Stone Setting Inc.
PR 15-339 Rafik Gavrielov
PR 15-388 Jimmy Rodriguez and Billy Boy Food Corp (T/A C-Town)
PR 15-389 Jimmy Rodriguez and Billy Boy Food Corp (T/A C-Town)
PES 15-013 Hanover River House, Inc. c/o Tudor Realty Services Corp.

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

Section 104
Docket No.Name
CI 15-017 Saint John’s Chapter of The American Association of University Professors
CI 16-001 Johnstown Police Benevolent Association, Inc.

Discussion

The Board discussed the following topics:

  1. DOL answer
    • Are they complying with Board Rule 66.5, by attaching investigative report, which is not prepared by an attorney?
    • Board may strike answer, give DOL additional 30 days to file answer
  2. Hearing start times
    • NYC, Hicksville, Syracuse, Utica – hearings to start at 9:30
    • Buffalo, Rochester – hearings to start at 10:00
    • Albany – hearings to start at 10:30
  3. Late filings/judgements

On motion by Ms. Jackson, duly seconded by Mr. Arcuri, and unanimously carried, the meeting was moved out of executive session at 11:55 a.m.

Board Meeting Dates and Locations

Adjournment

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