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.

June 6, 2018

Call to Order

The regularly scheduled meeting of the Industrial Board of Appeals was held on June 6, 2018 by video conference from the Board’s main office in Albany and its two regional offices located in New York City and Utica, New York. The Board’s Chairperson, Vilda Vera Mayuga, called the meeting to order at 9:17 a.m.

Attendance

New York City

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

Utica

  • Michael A. Arcuri, Member

Albany

  • Anne Hohenstein, Managing Attorney
  • Dana E. DePass, Secretary for Albany

Minutes

On motion by Mr. Arcuri, duly seconded by Ms. Doherty, and unanimously carried, the minutes of the previous meeting held on March 7, 2018 were approved.

Reports

Reports showing Statistics and Case Status were distributed to Board Members and staff. The monthly report reflecting activity for March through May 2018 was reviewed and discussed.

Monthly Report
Title Mar 2018 Apr 2018 May 2018 YTD 2018 YTD 2017
New Proceedings Commenced
Section 101 – Review Petitions 5 2 3 24
Section 27-A – Public Employer Safety 1 1 0 2
Section 104 – Corporate Documents 0 1 0 1
Stay Applications 0 0 0 0
Total 6 4 3 27 112
Hearings Held
Total 11 8 6 45 43
Video Hearings Held
Capital District 0 0 0 0
Upstate 1 1 0 2
Downstate 5 1 1 10
New York City 5 6 5 33
Total 3 2 1 17 12
Hearings Scheduled/Not Held
Postponed 11 8 12 62 46
Resolved Prior to Hearing 5 12 3 32 18
Administratively Closed 5 11 3 31 37
Total 16 20 15 94 64
Board Resolutions
Total 12 0 0 23 44
Cases Closed
Section 101 11 0 0 20
Section 27-A 1 0 0 2
Section 104 0 0 0 0
Section WB 0 0 0 1
Total 12 0 0 23 41
Interim Resolutions
Stay Applications 0 0 0 0
Interim Decisions 0 0 0 0
Total 0 0 0 0 3

Resolutions of Decision

The following proposed Resolutions of Decision were introduced and discussed:

Settlements and approval of withdrawal of petitions/orders
Docket No. Name
PR 17-107 Labe Twerski and Residential Management (NY), Inc.
PES 17-005 Village of Port Chester
PES 17-009 City of Buffalo (Buffalo City FD Engine 31 Ladder 14) Inspection #1164376

On motion by Mr. Meagher, duly seconded by Ms. Doherty, and unanimously carried, the Resolution of Decision for Settlements and Approval of withdrawal of petitions/orders was adopted.

Section 101
Docket No. Name
PR 15-059 Fletcher A. Brothers and Gates Community Chapel of Rochester, Inc. d/b/a Freedom Village USA, Inc.
PR 16-017 John X. Kapetanos, Jr. a/k/a John Kapetanos and 495 J.J.K. Corp.
PR 16-133 Vladimir Kornev and V & V Construction Solutions Corp.
PR 17-026 Gary Martin and GMA Family Associates, LLC
PR 17-029 Ernest A. Zurita II a/k/a Ernesto Zurito
PR 17-050 Kehinde O. Adebowale (T/A Saramik Day Care)
PR 17-102 Mouhammad S. Malik a/k/a Mohammad S. Malik and Trenton Halal Meat Inc. (T/A New Al Salim Halal Meat)
PR 17-121 Paul Andrew Ghiron and The Crystal Spoon Corp.
PR 17-126 Anand Persaud
PR 17-130 Cui Wu Li a/k/a “Melissa” and Chinese-American Planning Council Home Attendant Program, Inc.
PR 17-133 Mortgage Enterprise, Ltd.
PR 17-159 Russell Nowakowski
PR 17-179 James C. Nenni, Sr. and James C. Nenni, Jr., and Nenni Construction Co.

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

Interim Decision:
Docket No. Name
PR 17-146 Samuel Moscowitz
PR 18-010 Hristos K. Karayiannis a/k/a Chris Karayiannis and 63-68 Diner Corp. (T/A Shalimar Diner)

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

Section 27-A
Docket No. Name
PES 16-007 Pamela Orcutt

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

Section 104
Docket No. Name
CI 18-001 Sisa Pakari Centro Cultural & Laboral Inc.
CI 18-002 Chautauqua County Sheriff’s Employees’ Association, Inc.

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

Discussion

The Board discussed the following topics:

Upcoming Board Meeting Dates and Locations

Adjournment

There being no further business, upon motion by Ms. Mayuga, duly seconded by Mr. Meagher, and unanimously carried, the meeting was adjourned at 11:55 a.m.