Industrial Board of Appeals

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January 28, 2015 Meeting Minutes

Call to Order

The regularly scheduled meeting of the Industrial Board of Appeals was held by video conference on January 28, 2015 between the offices in New York City, Utica, Rochester, and Albany, New York. The Board’s Chairperson, Vilda Vera Mayuga, called the meeting to order at 11:17 a.m.

Attendance

New York City

  • Vilda Vera Mayuga, Chairperson
  • J. Christopher Meagher, Member
  • Devin A. Rice, Associate Counsel
  • Jean Grumet, Administrative Law Judge
  • Jane M. Ipanaque, Secretary for NYC office

Albany

  • Michael A. Arcuri, Member
  • Wendell P. Russell, Jr., Counsel
  • Dana E. DePass, Secretary for Albany office

Utica

  • LaMarr J. Jackson, Member

Rochester

  • Frances P. Abriola, Member (joined in at 11:30 am)

Minutes

On motion by Mr. Meagher, duly seconded by Mr. Arcuri, and unanimously carried, the minutes of the previous meeting held on December 17, 2014, were approved.

Monthly Report

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

Monthly Report
Title December 2014 October 2014 Year to Date 2014
New Proceedings Commenced
Section 101 – Review Petitions 47 N/A N/A
Section 27-A – Public Employer Safety 1 N/A N/A
Section 104 – Corporate Documents 4 N/A N/A
Stay Applications 0 N/A N/A
Total 52 18 228
Hearings Held
Total 16 17 139
Video Hearings Held
Capital District 0 N/A N/A
Upstate 2 N/A N/A
Downstate 4 N/A N/A
New York City 10 N/A N/A
Total 13 3 71
Hearings Scheduled/Not Held
Postponed 9 N/A N/A
Resolved Prior to Hearing 18 N/A N/A
Total 27 28 257
Board Resolutions
Total 62 0 354
Cases Closed
Section 101 56 N/A N/A
Section 27-A 2 N/A N/A
Section 104 1 N/A N/A
Total 59 0 351
Interim Resolutions
Stay Applications 0 N/A N/A
Interim Decisions 3 N/A N/A
IBA Rules 0 N/A N/A
Total 3 0 3

On motion by Mr. Arcuri, duly seconded by Ms. Jackson, and unanimously carried, the meeting was moved into executive session at 11:33 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 13-070 Rimon O. Daya and Emad Jamalyn and R & E Deli Inc. (T/A Village Deli)
PR 13-073 Helen Edgington (T/A Spencer Hotel)
PR 14-068 Shefget Kransnigi A/K/A Shefuel Kransnigi and a Luna Trattoria Inc. (T/A La Luna)
PR 14-074 Renata Khavin and Sincere Care Agency, Inc.
PR 14-087 Antonacci A/K/A Antonacci and Tri Electrical Corp.
PR 14-090 Melissa Pickett and Anthony Degrazio and Devcon Security Services Corp.
PR 14-117 Charles R. Hagerman and East End Express Transportation LLC (T/A East End Express)
PR 14-122 Kenneth Kweku A/K/A Kenneth Kweku Sr., and The Smart Home Group, LLC.
PR 14-129 Dennis Richard Near, Jr.
PR 14-132 Catherine Ford Durham d/b/a Clifton Fine Boarding Home
PR 14-137 Yang Key Kim and NY Cantaoke Inc. (T/A Amor Bar)
PR 14-138 Ajay C. Sarin 3700 Nostrand Avenue Inc. (T/A 99c USA)
PR 14-160 Lisa Johnson and Alvin L. Gauvin and Companion Care of Rochester, Inc.
PR 14-166 Jacky Chen (T/A Wireless Champs)
PR 14-194 Agim Djencic and 1110 A.S.D Restaurant Corp. (T/A Nino's Restaurant)
PR 14-218 Stephen A. Dibiase A/K/A Stevie Dibias and Ifinity Contracting of America, Inc. (T/A Infinity of America Contractors)
PR 14-222 Mark G. Samson and 63rd Street Bagel Café, Inc. (T/A Hot & Crusty)
PR 14-223 Ruth Amiram and A to Z Organic, Inc. and H.R.D. Convenience Center, Inc. (T/A Ruthy’s Grocery and Deli)
PR 14-226 Wendy F. Carlson A/K/A Wendy Fried and G. Fried Westbury, Inc. (T/A G. Fried Carpet & Design Center)
PR 14-227 Romina Givens A/K/A Romina Calabrese
PR 14-232 Joseph Shteierman and Be Safe Fire Sprinkler LLC
PR 14-246 Joshua Godfrey and JG Fashion Group, LLC (T/A Jay Godrey)
PR 14-250 Gary Gartenberg A/K/A Gary Artenberg (T/A Marmin Collision Specialists)
PR 14-257 Irfan S. Chaudhry and Finecare Medical Management, Inc. (T/A Finecare Medical Lab)
PR 14-267 Michael Kost A/K/A David Kost and Kost Tire Distributors, Inc. (T/A Kost Tire)
PR 14-285 Denise Polonia
PR 14-291 David Handler and Shawnay Pacheco A/K/A Shawnay Handler and International Courier Network, Inc.
PES 09-006 City of New York Department of Juvenile Justice (Bridges Juvenile Center)

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 101
Docket No. Name
PR 09-365 Omar L. Smith and Graham Noble & Associates
PR 12-045 Mohammed Khalid a/k/a Khalid Butt (T/A Little Pakistan Deli)
PR 13-087 Joseph Gancz and Yanky Gancz and YNY Contractors LLC (T/A Y&Y Kitchen Design)
PR 13-194 Jason Moodie and David Sandberg and Aqua Marlborough, LLC (T/A Hudson Valley Car Wash)
PR 14-042 Richard Harary and Rajo, Inc. (T/A Richard's Interior Design)
PR 14-052 Joseph Goodman a/k/a Jerry Goodman and F&D Associates, Inc.
PR 14-211 Guan Wen Zheng
PR 14-214 Dimitri A. Grivas and Arma International, LLC
PR 14-236 Kemba Ward

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

On motion by Mr. Meagher, duly seconded by Ms. Jackson, and unanimously carried, the meeting was moved out of executive session at 12:15 p.m.

Section 27-A
Docket No. Name
PES 14-012 MTA/Long Island Rail Road (Morris Park Yard)

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

Discussion

The Board discussed the following topics: