Industrial Board of Appeals

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July 26, 2017

Call to Order

The regularly scheduled meeting of the Industrial Board of Appeals was held on July 26, 2017 from the Board’s regional office in New York City. The Board’s Chairperson, Vilda Vera Mayuga, called the meeting to order at 9:20 a.m.

Attendance

Vilda Vera Mayuga, Chairperson
J. Christopher Meagher, Member
Molly Doherty, Member
Gloribelle J. Perez, Member
Jean Grumet, ALJ
Devin A. Rice, Counsel
Anne Hohenstein, Managing Attorney
Joshua David Riegel, Attorney
Dana E. DePass, Secretary
Jane M. Ipanaque, Secretary

Minutes

On motion by Mr. Meagher duly seconded by Ms. Doherty, and unanimously carried, the minutes of the previous meeting held on June 14, 2017 were approved.

Reports

Reports showing Statistics, Case Status, and calendar were distributed to Board Members and staff. The monthly report reflecting activity for June 2017 was reviewed and discussed.

Monthly Report
TitleJune 2017June 2016YTD 2017YTD 2016
New Proceedings Commenced
Section 101 – Review Petitions 16 109
Section 27-A – Public Employer Safety 1 7
Section 104 – Corporate Documents 0 13
Stay Applications 0 0
Total 17 19 129 97
Hearings Held
Total 9 16 48 87
Video Hearings Held
Capital District 0 4
Upstate 2 8
Downstate 2 6
New York City 5 34
Total 5 7 17 39
Hearings Scheduled/Not Held
Postponed 8 16 54 94
Resolved Prior to Hearing 7 18 25 108
Administratively Closed 10 N/A 47 N/A
Total 15 35 79 202
Board Resolutions
Total 19 0 63 201
Cases Closed
Section 101 11 42
Section 27-A 3 6
Section 104 5 11
Section WB 0 1
Total 19 0 60 199
Interim Resolutions
Stay Applications 0 0
Interim Decisions 0 3
IBA Rules 0 0
Total 0 0 3 2

On motion by Ms. Doherty duly seconded by Ms. Perez, and unanimously carried, the meeting was moved into executive session at 9:28 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 15-257 William Armenakis A/K/A Bill Spiros Armenakis and James Armenakis and V.J. Mega Parking Systems Inc. (T/A Mega Parking Systems)
PR 17-071 Active Retirement Community, Inc. (T/A Jefferson's Ferry)

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

 
Section 101
Docket No.Name
PR 11-175 Charles L. Albright and Albright Investigative Associates Inc.
PR 14-184 Ashraf Mohamed Abdelaal A/K/A Ashraf Mohamed Abdel Al and K & J Supermarket, Inc. (T/A Associated Supermarket 1413 Ave J Brooklyn)
PR 15-313 Roberto C. Guendjian A/K/A Roberto Guengin and Grilled Steak, Corp. (T/A Chivito D’Oro)
PR 15-409 Joel Scher and Event Locations, Inc. (T/A Locations Magazine)
PR 16-020 Ibrahim Issa A/K/A Anthony Isaa and Bronxdale Auto Care, Inc.
PR 16-034Suechand Toolsee A/K/A Jack Toolsee and Toolsee Wash Corp.
PR 16-064 Arthur Johnson and Unity Home Care Agency Inc.
PR 17-019 Asim Mohammad Rafiqi and Khiali Pulao Corp.
PR 17-066 Tracy Cui Yun A/K/A Tracey Cui Yun
PR 17-070 Diego Flores A/K/A Diego Manosalvas and Nazca Restaurant Corp. (T/A Nazca Restaurant)
PR 17-073 404 Henry Corp D/B/A El Libertador Restaurant
PR 17-074 Don Pablo Corp D/B/A El Libertador Restaurant
PR 17-091 F&G Supermarket Corp.

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

Interim Decision
Docket No.Name
PR 17-021 Kati Mancuso D/B/A Kati’s Place

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

Section 104
Docket No.Name
CI 17-008 Carpenter Contractor Alliance of Metropolitan New York, Inc.
CI 17-015 The Union of Marash Armenians Student Fund Inc.

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

On motion by Mr. Meagher duly seconded by Ms. Perez, and unanimously carried, the meeting was moved out of executive session at 10:32 a.m.

Discussion

The Board scheduled to participate in a Mandatory Training for Fire Safety and Emergency Evacuation (Avenue of Escape) after the conclusion of the meeting.

Upcoming Board Meeting Dates and Locations

Wednesday, September 13, 2017, Board Meeting at 9:00 a.m., NYC room D & Utica Krebs room
Wednesday, October 25, 2017, Board Meeting at 9:00 a.m., NYC room D & Utica Krebs room
Wednesday, December 13, 2017, Board Meeting at 9:00 a.m., NYC room D
Wednesday, January 24, 2018, Board Meeting at 9:00 a.m., NYC room D
Wednesday, March 7, 2018, Board Meeting at 9:00 a.m., NYC room D
Wednesday, April 18, 2018, Board Meeting at 9:00 a.m., NYC room D
Wednesday, June 6, 2018, Board Meeting at 9:00 a.m., NYC room D
Wednesday, July 25, 2018, Board Meeting at 9:00 a.m., NYC room D
Wednesday, September 19, 2018, Board Meeting at 9:00 a.m., NYC room D
Wednesday, November 7, 2018, Board Meeting at 9:00 a.m., NYC room D
Wednesday, December 19, 2018, Board Meeting at 9:00 a.m., 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 10:40 a.m.