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January 25, 2017
Call to Order
The regularly scheduled meeting of the Industrial Board of Appeals was held on January 25, 2017 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 9:06 a.m.
Attendance
New York City
- Vilda Vera Mayuga, Chairperson
- J. Christopher Meagher, Member
- Michael A. Arcuri, 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
Minutes
On motion by Mr. Meagher duly seconded by Mr. Arcuri, and unanimously carried, the minutes of the previous meeting held on December 14, 2016, were approved.
Reports
Reports showing Statistics, Case Status, and calendar were distributed to Board Members and staff. The monthly report reflecting activity for December and Year-end 2016 was reviewed and discussed.
| Title | DEC-16 | DEC-15 | YTD-16 | YTD-15 |
|---|---|---|---|---|
| New Proceedings Commenced | ||||
| Section 101 – Review Petitions | 14 | 153 | ||
| Section 27-A – Public Employer Safety | 0 | 15 | ||
| Section 104 – Corporate Documents | 0 | 23 | ||
| Stay Applications | 0 | 0 | ||
| Total | 14 | 27 | 191 | 451 |
| Hearings Held | ||||
| Total | 7 | 7 | 141 | 144 |
| Video Hearings Held | ||||
| Capital District | 0 | 0 | ||
| Upstate | 6 | 41 | ||
| Downstate | 1 | 22 | ||
| New York City | 0 | 78 | ||
| Total | 3 | 2 | 60 | 65 |
| Hearings Scheduled/Not Held | ||||
| Postponed | 5 | 154 | ||
| Resolved Prior to Hearing | 3 | 162 | ||
| Total | 8 | 25 | 316 | 289 |
| Board Resolutions | ||||
| Total | 24 | 49 | 326 | 469 |
| Cases Closed | ||||
| Section 101 | 18 | 296 | ||
| Section 27-A | 0 | 5 | ||
| Section 104 | 5 | 18 | ||
| Total | 23 | 49 | 319 | 463 |
| Interim Resolutions | ||||
| Stay Applications | 0 | 0 | ||
| Interim Decisions | 1 | 7 | ||
| IBA Rules | 0 | 0 | ||
| Total | 1 | 0 | 7 | 6 |
On motion by Mr. Arcuri duly seconded by Mr. Meagher, and unanimously carried, the meeting was moved into executive session at 9:09 a.m.
Resolutions of Decision
The following proposed Resolutions of Decision were introduced and discussed:
| Docket No. | Name |
|---|---|
| PR 13-179 | Brendan Spiro |
| PR 15-031 | Mohammad Mansoor Mirza a/k/a Mohammed M. Mirza and 99 Cent Mini Depot Inc. |
| PR 15-098 | Ramon Benitez a/k/a Raymond Benitez and Caroray Corp. |
| PR 15-225 | Thomas C. Fricker |
| PR 15-238 | Filippo Lia a/k/a Philip Lia And Filippo’s, Inc. |
| PR 15-311 | Rodney Brayman and Phoenix Beverages MTO, LLC and Phoenix Beverages, Inc. (T/A Phoenix Beehive and Phoenix Beverages Lobo)) |
| PR 15-338 | Hassan Osman and Adel Fathelbab and Bahaa Elansary and Moataz Bella Mahmoud and Z-One Diner & Lounge Inc. (T/A Z One) |
| PR 16-067 | Roslyn Rogers |
| PR 16-127 | Louis Essman MD |
| PR 16-129 | Anthony Grigoli |
On motion by Mr. Meagher duly seconded by Ms. Perez, and unanimously carried, the Resolutions of Decision under Section 101 were adopted.
| Docket No. | Name |
|---|---|
| PES 14-015 | SUNY College of Environmental Science and Forestry |
On motion by Mr. Meagher duly seconded by Ms. Perez, and unanimously carried the Resolution of Decision under Section 27-A was adopted.
Discussion
The Board was provided with hand-outs and discussed the following topics:
- Submission of decisions
- refer to the Styles Manual when drafting decisions, and prior to sending a final draft for review.
- Office 365: security software and hardware tokens
- JCOPE, NYS Ethics Law video conference scheduled March 1, 2017 at 9:30 a.m. - 11:00 a.m.
- Travel cost of Mileage decreased
- ITS Enterprise Service Desk
On motion by Ms. Mayuga duly seconded by Mr. Meagher, the meeting took a recess at 10:30 a.m. and reconvened at 12:55 p.m.
On motion by Mr. Arcuri duly seconded by Mr. Meagher, and unanimously carried, the meeting was moved out of executive session at 2:45 p.m.
Upcoming Board Meeting Dates and Locations
- Thursday, February 16, 2017, special Board Meeting at 10:00 a.m., NYC room D & Utica Krebs room
- Wednesday, March 15, 2017, Board Meeting at 9:00 a.m. from NYC room D & Utica Krebs room
- Wednesday, May 3, 2017, Board Meeting at 9:00 a.m. from NYC room D & Utica Krebs room
- Wednesday, June 14, 2017, Board Meeting at 9:00 a.m. from NYC room D & Utica Krebs room
- Wednesday, July 26, 2017, Board Meeting at 9:00 a.m. from NYC room D & Utica Krebs room
- Wednesday, September 13, 2017, Board Meeting at 9:00 a.m. from NYC room D & Utica Krebs room
- Wednesday, October 25, 2017, Board Meeting at 9:00 a.m. from NYC room D & Utica Krebs room
- Wednesday, December 13, 2017, Board Meeting at 9:00 a.m. in NYC room D
Adjournment
There being no further business, upon motion by Mr. Meagher duly seconded by Ms. Perez, and unanimously carried, the meeting was adjourned at 3:30 p.m.