Industrial Board of Appeals

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June 10, 2015

Call to Order

The regularly scheduled meeting of the Industrial Board of Appeals was held by video conference on June 10, 2015 between the offices located at New York City, and Rochester, New York. The Board’s Chairperson, Vilda Vera Mayuga, called the meeting to order at 9:14 a.m.

Attendance

New York City

  • Vilda Vera Mayuga, Chairperson
  • J. Christopher Meagher, Member
  • Frances P. Abriola, Member
  • Wendell P. Russell, Jr., Counsel
  • Devin A. Rice, Associate Counsel
  • Jean Grumet, Administrative Law Judge
  • Anne Hohenstein
  • Dana E. DePass, Secretary for Albany Office
  • Jane M. Ipanaque, Secretary for NYC Office

Rochester

  • LaMarr J. Jackson, Member

Absent

  • Michael A. Arcuri, Member

Minutes

On motion by Mr. Meagher, duly seconded by Ms. Abriola, and unanimously carried, the minutes of the previous meeting held on April 29, 2015, were approved.

Monthly Report

The monthly report for April and May 2015 reflecting activity as follows was reviewed and discussed.

Monthly Report
Title April 2015 May 2015 Year to Date 2015
New Proceedings Commenced
Section 101 – Review Petitions 44 29 165
Section 27-A – Public Employer Safety 1 1 5
Section 104 – Corporate Documents 1 0 8
Stay Applications 0 0 0
Total 46 30 178
Hearings Held
Total 12 16 66
Video Hearings Held
Capital District 1 1 2
Upstate 3 4 11
Downstate 2 3 10
New York City 6 8 43
Total 8 7 41
Hearings Scheduled/Not Held
Postponed 7 12 56
Resolved Prior to Hearing 15 14 60
Total 22 26 116
Board Resolutions
Total 66 0 188
Cases Closed
Section 101 55 0 166
Section 27-A 3 0 7
Section 104 5 0 10
Total 63 0 183
Interim Resolutions
Stay Applications 0 0 0
Interim Decisions 3 0 5
IBA Rules 0 0 0
Total 3 0 5

On motion by Ms. Abriola, duly seconded by Ms. Jackson, and unanimously carried, the meeting was moved into executive session at 9:30 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 13-085 Jose Liberato and Liberato Food, Inc.
PR 14-055 Ajay C. Sarin and Flatbush Discount, Inc. (T/A Flatbush Supermarket)
PR 14-206 Paul M. Paciello and Helmar Incorporated
PR 14-212 Ashraf Palwala and 37-42 86 St. Realty LLC (T/A 86th Street Realty)
PR 14-229 Mindshare, LLC
PR 14-242 Erik J. Dimech and Four D. Landscaping Inc.
PR 14-252 Gowkarran Jabar and Jabar Construction Corp. (T/A J. Construction)
PR 14-260 Myrna E. Guerrero and Mycar Realty Corp. and Bavic Realty
PR 14-266 Conrad F. Cean and New York Pain Management Group PLLC
PR 14-272 David Pomerantz, Mark Moscowitz, Drew Barile, Latoya Reynolds, and Prospect Park Residence Home Health Care, Inc. and Prospect Park Residence, L.L.C., and 1 Prospect Park Alf, LLC, and 1 Prospect Park Residence LLC (T/A Prospect Park Residence) also (T/A Castle Senior Living, LLC)
PR 14-295 Goodyear Tire and Rubber Company
PR 14-298 Ishan S. Khwaja and Brandsway International Inc.
PR 14-333 Todd English a/k/a William Todd English and Olives NY LLC (T/A Olives)
PR 15-003 Ali Negadi and Abouseyf Negadi and Baraka Food Corp. (T/A Baraka Food & 99c Home)
PR 15-011 Diego Jadan and Dassy Laundromat Inc.
PR 15-018 Michael Basso and Michael Basso Landscaping Corp.
PR 15-049 Salim A. Salim A/K/A Ahmed Salim A/K/A Salim Salaam and N&S Laundromat, Inc.
PR 15-064 Zulfikar M. Memon Zak Frozen Treats Inc.
PR 15-069 Duk Soon Kil and House Nails & Spa, Inc.
PR 15-078 Peter Antonopoulos and Glen Cove Restaurant, Inc. (T/A Page One Restaurant)
PR 15-091 Neal Auerbach and Janus Dental PLLC (T/A Dr. Neal Auerbach)
PR 15-103 Nick Ciarlo a/k/a Nicola Ciarlo (T/A Nick Ciarlo Masonry Contractor)
PES 15-001 Village of Lindenhurst
PES 15-002 Wappingers Falls Village
PES 15-003 Yorktown Community and Cultural Center

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

Section 101
Docket No. Name
PR 11-104 Robert H. Weiss
PR 11-260 Richard M. Aufrichtig and Aufrichtig Brothers Inc. (T/A Big Apple Produce Market)
PR 13-064 Yolanda D. White a/k/a Yolanda D. Braham
PR 13-163 Gregorio Estevez (T/A Gregorys Home Improvement)
PR 14-004 Muhammad W. Qureshi and Sunshine Grill & Restaurant, Inc.
PR 14-088 Julianne W. Beckerman
PR 14-120 James Metz Iii, Alicia Harding Metz, Lauren H. Simons, and GRJH, Inc. (T/A Cobble Pond Farms)
PR 14-261 Zhen Zhu
PR 14-268 Jaime Illescas a/k/a Jimmy Illescas and 8818 Roosevelt Tropical Corp.
PR 14-331 Paige Bluhdorn
PR 15-035 David Wayne Heron
PR 15-044 Chaudhry Chaudhry a/k/a Chaudhry Razzaq
PR 15-057 Ruchi Sharma
PR 15-061 Alejandro Williams and Williams Dental Office P.C.
PR 15-105 Amarjit S. Chopra and Laundromat at Burnside Avenue, Inc.

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

On motion by Ms. Abriola, duly seconded by Ms. Jackson, and unanimously carried, the meeting was moved out of executive session at 10:51 a.m.

Discussion

The Board discussed the following topics:

Adjournment

There being no further business, upon motion by Ms. Abriola, duly seconded by Ms. Jackson, and unanimously carried, the meeting was adjourned at 12:15 P.M.