Industrial Board of Appeals

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June 14, 2017

Call to Order

The regularly scheduled meeting of the Industrial Board of Appeals was held on June 14, 2017 by video conference from the Board’s main office located in Albany, New York, and its regional office in New York City, and Utica, New York. The Board’s Chairperson, Vilda Vera Mayuga, called the meeting to order at 9:22 a.m.

Attendance

New York City

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

Utica

  • Michael A. Arcuri, Member

Albany

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

Minutes

On motion by Mr. Meagher duly seconded by Ms. Doherty, and unanimously carried, the minutes of the previous meeting held on May 3, 2017 were approved.

Reports

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

Monthly Report
Title May 2017 May 2016 YTD 2017 YTD 2016
New Proceedings Commenced
Section 101 – Review Petitions 16 93
Section 27-A – Public Employer Safety 0 6
Section 104 – Corporate Documents 5 13
Stay Applications 0 0
Total 21 16 112 78
Hearings Held
Total 6 12 43 71
Video Hearings Held
Capital District 1 4
Upstate 0 6
Downstate 2 4
New York City 3 29
Total 3 6 12 32
Hearings Scheduled/Not Held
Postponed 6 15 46 78
Resolved Prior to Hearing 10 20 18 90
Administratively Closed 10 N/A 37 N/A
Total 16 35 64 168
Board Resolutions
Total 16 53 44 201
Cases Closed
Section 101 12 31
Section 27-A 1 3
Section 104 2 6
Section WB 0 1
Total 15 52 41 199
Interim Resolutions
Stay Applications 0 0
Interim Decisions 1 3
IBA Rules 0 0
Total 1 1 3 2

On motion by Mr. Arcuri duly seconded by Ms. Doherty, 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 15-226 Pui Hung Yan and Q.T. Production Inc.
PR 16-134 Alik Yunayev a/k/a Alexander Yunayev and Stanley Yunayev and Chez Alek, Inc. (T/A Chateau De Alik)
PR 17-003 Melida Rosa Adames a/k/a Melida Tejeda and Melissa Spa & Beauty Center, Corp. (Melissa Beauty Salon)
PES 17-003 City of Buffalo, Buffalo City FD Engine 31 Ladder 14
PES 17-006 Mayor, City of Buffalo, Buffalo

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 were adopted.

      
Section 101
Docket No. Name
PR 12-120 Nasir Ali Musaid Omar A/K/A Nasir M. Baqash A/K/A Nasir M. Baqush A/K/A Nasir Muzaid Omar Buqash A/K/A Nasir Ali Muzaid-Omar and Universal Food Mart, Inc.
PR 15-366 Alexander Kaganowicz and Rjak Enterprises, Inc. (T/A Precision Car Wash)
PR 16-030 JBCStyle NY LLC (T/A JBC Styles)
PR 16-089Gameel M. Omar and Wise Enterprises, Inc. (T/A Dairy King)
PR 16-103Serge Durka and Café Crème Brasserie Ltd.
PR 16-116Paul M. Collins Jr. and Aqua-Marina, Ltd.
PR 16-127 Louis Essman, M.D.
PR 17-040 Milton Rios (T/A Rios Deli Chambalaya)

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

Section 27-A
Docket No. Name
PES 16-014 Badrul Chowdhury

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

Section 104
Docket No. Name
CI 17-010 The English-Speaking Union of The United States Albany Branch, LLC
CI 17-011 The English-Speaking Union of The United States Buffalo Branch, LLC
CI 17-012 The English-Speaking Union of The United States New York Branch, LLC
CI 17-013 The English-Speaking Union of The United States Rochester Branch, LLC
CI 17-014 The English-Speaking Union of The United States Syracuse Branch, LLC

On motion by Mr. Meagher duly seconded by Ms. Mayuga, 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 10:42 a.m.

Discussion

The Board was provided with hand-outs and discussed the following topics:

Upcoming Board Meeting Dates and Locations

Adjournment

There being no further business, upon motion by Mr. Meagher duly seconded by Ms. Doherty, and unanimously carried, the meeting was adjourned at 11:24 a.m.