Industrial Board of Appeals

Your web browser is currently outdated

To recieve the best possible experience it's recommended that you upgrade your browser to a newer version or another web browser service. A list of current browsers had been provided below.

By clicking on one of the icons you will be directed to the browser download page.

July 13, 2016

Call to Order

The regularly scheduled meeting of the Industrial Board of Appeals was held on July 13, 2016 from the Board’s main office located in Albany, New York. The Board’s Chairperson, Vilda Vera Mayuga, called the meeting to order at 10:15 a.m.

Attendance

  • Vilda Vera Mayuga, Chairperson
  • J. Christopher Meagher, Member
  • Michael A. Arcuri, Member
  • Molly Doherty, Member
  • Gloribelle J. Perez, Member
  • Devin A. Rice, Counsel
  • Jean Grumet, Administrative Law Judge
  • Anne Hohenstein, Managing Attorney
  • Joshua David Riegel, Attorney
  • Dana E. DePass, Secretary for Albany Office

Introductions

Introduction of new Board member(s) Molly Doherty and Gloribelle J. Perez by the Board’s Chair, Vilda Vera Mayuga.

Minutes

On motion by Mr. Meagher duly seconded by Mr. Arcuri, and unanimously carried, the minutes of the previous meeting held on May 25, 2016, were approved.

Reports

Updated reports showing Statistics, Case Status, and calendar were distributed to Board Members and staff. The monthly report for May and June 2016 reflecting activity as follows was reviewed and discussed.

Monthly Report
Title May-16 May-15 June-16 June-15 YTD-16 YTD-15
New Proceedings Commenced
Section 101 – Review Petitions 13 17 77
Section 27-A – Public Employer Safety 1 0 7
Section 104 – Corporate Documents 2 2 13
Stay Applications 0 0 0
Total 16 30 19 38 97 216
Hearings Held
Total 12 16 16 16 87 82
Video Hearings Held
Capital District 0 0 0
Upstate 2 7 21
Downstate 1 1 14
New York City 9 8 52
Total 6 7 7 4 39 45
Hearings Scheduled/Not Held
Postponed 15 16 16 7 94
Resolved Prior to Hearing 20 18 18 15 108
Total 35 26 34 22 202 138
Board Resolutions
Total 53 0 0 40 201 228
Cases Closed
Section 101 51 0 187
Section 27-A 1 0 5
Section 104 0 0 7
Total 52 0 0 40 199 223
Interim Resolutions
Stay Applications 0 0 0
Interim Decisions 1 0 2
IBA Rules 0 0 0
Total 1 0 0 0 2 5

On motion by Mr. Meagher duly seconded by Mr. Arcuri, and unanimously carried, the meeting was moved into executive session at 10:40 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 14-167 Aleyda Y. Martinez
PR 14-318 Mordechai Husarsky A/K/A Mordy Husarsky and Stephen M. Calk (T/A The Federal Savings Bank)
PR 15-071 Ekrem Markisic and 71-75 Yellowstone Pizza Corp. (T/A Mike’s Pizzeria)
PR 15-200 Avi V. Sharifi and Viatto Inc. (T/A Avitto)
PR 15-222 Juan Felipa Delacruz, Juana Delacruz, Juan Flores, Delacruz Tire Shop & Auto Sales Inc. T/A De La Cruz Tire Shop and Auto Glass
PR 15-235 Mark Baron and Parking Systems Plus Inc. and American Valet Services Inc. and Preferred Payment Systems Corp. (T/A Parking Systems)
PR 15-240 Michael E. Smith and Andrew Nuniz A/K/A Andy Nuniz and Kenneth Olsen A/K/A Ken Olsen and The Griffin Security Agency, Inc. et al
PR 15-280 Isaac D. Kleinberger and Pointe Plaza Hotel, LLC
PR 15-282 Jaswinder Singh Ghotra A/K/A Jaswinder Singh and Daniello’s Pizzeria, Inc.
PR 15-286 Michael E. Morgan and Credit Forget It Inc.
PR 15-300 El Monstruo De Las Gomas Usadas Inc. (T/A El Monstruo Tires)
PR 15-301 El Monstruo De Las Gomas Usadas Inc. (T/A El Monstruo Tires)
PR 15-302 Ebrima Gumaneh
PR 15-306 Altaf V. Isani and Five Brothers and Sister Farmer’s Market, Inc. (T/A Munchy’s Gourment Market)
PR 15-317 Anne C. Blasi a/k/a Anne C. Kossowan (T/A Anne C. Kossowan, DDS)
PR 15-325 Henry Gonzalez, Jr. a/k/a Henry Gonzalez and Integrated Construction Services, Inc.
PR 15-337 Yun Soo Kong and NY Newland Collection Corp.
PR 15-383 Trank D. Tran and W West 1225th St. Inc. (T/A Envy Nails)
PR 15-391 Hayatullah Barekiy A/K/A Hayatullah Barekzy and Aroosa Food Corp. (T/A Kenndy’s Chicken & Grill)
PR 15-398 Rakhi Pampati and Raksha Spa Inc.
PR 15-402 Bhupinder Sikka A/K/A Gary Sikka and Sandalwood Bar N Brill Inc. (T/A Mint Restaurant)
PR 15-406 R. Devincentis Construction, Inc.
PR 15-407 Fred Solomon and Soup and Scoop, Inc. (T/A Coldstone Creamery)
PR 15-409 Joel Scher and Event Locatons, Inc. (T/A Locations Magazine)
PR 16-004 Ann Lilly Warren and Samuel Whiskers Towers, LLC (T/A Cupcake Café)
PR 16-006 Mike & Alex, LLC (T/A Marnier's on the Hudson)
PR 16-018 Yassir Raouli and Rustic LES Inc.
PR 16-021 New York Kitchen & Bath Inc.
PR 16-027 Steven Main and InspiredIT, LLC
PR 16-028 Lester Blumenson and David Fanarof, Inc.
PR 16-047 Juana F. De La Cruz and Juan L. Flores and Delacruz Tire Shop & Auto Sales Inc. (T/A De La Cruz Tire Shop & Auto Glass)
PR 16-052 Serafino Tomassetti A/K/A Cerasino Tamaseti

On motion by Mr. Arcuri 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 12-180 Sheng Wang Zhang and Century Diner Buffet, Inc.
PR 14-048 Mike Gordon a/k/a Meir Gordon and Kenben Industries Ltd.
PR 14-239 Dejean Gathers (T/A Camp Vision Summer Camp Inc.)
PR 14-265 Mohamedali H. Amlani a/k/a Mohamed Ali
PR 14-271 John J. Kennelly (T/A Advanced Legal Processing & Associates) also (T/A Advanced Legal Processing)
PR 14-287 Wilson Quiceno and Sendexpress Inc. (T/A Send Express)
PR 14-293 Li Jing (T/A JingLi US LLC) and JingLi US LLC
PR 15-009 Zhen Hua Chen a/k/a Saichem Z. Chen and Sai Zhen Chen and Cheung Chi Lam and Gtbi Corp (T/A Good Taste Buffet)
PR 15-332 Anil Amin and Paam Group Inc. (T/A Nirvana Restaurant)
PR 16-003 Qaush Beqiraj a/k/a Quash Beqiraj and Aferdite Beqiraj
PR 16-037 Petros Contracting Group
PR 16-056 Royal Kabab and Curry, Inc.

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

Interim Decisions
Docket No. Name
PR 16-030 Bryan Zaslow and JCBStyle NY LLC

On motion by Ms. Perez duly seconded by Ms. Doherty, and unanimously carried, the Interim Resolution of Decision under Section 101 was adopted.

Section 104
Docket No. Name
CI 16-012 Special Inspector Supervisors Employees Association Inc.
CI 16-013 Village of Tuxedo Park Police Benevolent Association, Inc.

On motion by Ms. Doherty duly seconded by Ms. Perez, and unanimously carried, the Resolutions of Decision under Section 104 were adopted.

On motion by Mr. Arcuri duly seconded by Ms. Mayuga, and unanimously carried, the meeting was moved out of executive session at 11:30 a.m.

Discussion

The Board discussed the following topics:

  1. LDs
    • Board and its’ Legal Staff were informed of how it works
  2. Decisions pending – Board members “training”
    • Outstanding decisions may be used to assist in training new Board members
  3. Wage Oder
    • The Board was informed that the wage order decision was upheld.
  4. Closing statement by represented petitioner
    • Hearing officer may decide to allow it, but is to be decided on a case-by-case basis.
  5. Order of Closing Arguments
    • Petitioner is to be last to give closing arguments.
  6. Rejected Exhibits
    • Form to be used as hearing given out and explained.
  7. Appearance Sheet
    • New form to be used at hearings given to all.
  8. Correspondence
    • All mail and faxes are to go the Albany Office Only
  9. Technology
    • New email addresses should be ready in August. The “@labor” will be removed and replaced with “@iba.” For some time after @iba is functional, @labor will remain available.
    • IT is working on making decisions searchable by using google.
    • - Work is still being done in hopes of getting a new case management system. Some administrative and secretarial staff to attend demonstration of the Amicus system on 7/20/16.
  10. Hearing in Garden City
    • Chart of hearing rooms available in Garden City distributed to all.
  11. Office Move
    • Office space offered to IBA in Brooklyn to be rejected. It does not meet all needs of Board.
  12. Joshua
    • Congratulated by all for his appointment to a Clerkship in the District Court in Connecticut after his fellowship is up with the Board.

Other

  1. Mandatory Training
    • Sexual Harassment if the Workplace 2016, done by all on computer, attendance sheets signed and handed in.
    • Internal Controls 2016, done by all on computer, attendance sheets signed and handed in.
    • Information and Cyber security Awareness, DVD did not work, all will do on computer before the end of next week and return attendance sheet.

Upcoming Board Meeting Dates and Locations

Adjournment

There being no further business, upon motion by Mr. Arcuri duly seconded by Ms. Perez, and unanimously carried, the meeting was adjourned at 1:30 p.m.