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.

March 1, 2017

Call to Order

A meeting of the Industrial Board of Appeals was held on March 1, 2017 from the Board’s regional office located in New York, New York. The Board’s Chairperson, Vilda Vera Mayuga, called the meeting to order at 11:53 a.m.

Attendance

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

Minutes

On motion by Mr. Arcuri duly seconded by Mr. Meagher, and unanimously carried, the minutes of the previous meetings held on January 25, 2017 and February 16, 2017, were approved.

Reports

Reports showing Statistics, Case Status, and calendar were distributed to Board Members and staff. The monthly report reflecting activity for December and Year-end 2016 was reviewed and discussed.

Monthly Report
Title JAN-17 JAN-16 FEB-17 FEB-16 YTD-17 YTD-16
New Proceedings Commenced
Section 101 – Review Petitions 12 10 22
Section 27-A – Public Employer Safety 2 2 4
Section 104 – Corporate Documents 0 5 5
Stay Applications 0 0 0
Total 14 24 17 7 31 31
Hearings Held
Total 5 16 8 16 13 32
Video Hearings Held
Capital District 0 0 0
Upstate 0 0 0
Downstate 1 1 2
New York City 4 7 11
Total 1 8 1 6 2 14
Hearings Scheduled/Not Held
Postponed 11 10 21 26
Resolved Prior to Hearing 7 11 18 27
Total 18 26 21 27 39 53
Board Resolutions
Total 11 33 1 0 12 33
Cases Closed
Section 101 10 1 11
Section 27-A 1 0 1
Section 104 0 0 0
Total 11 33 1 0 12 33
Interim Resolutions
Stay Applications 0 0 0
Interim Decisions 0 0 0
IBA Rules 0 0 0
Total 0 0 0 0 0 0

On motion by Mr. Meagher duly seconded by Mr. Arcuri, and unanimously carried, the meeting was moved into executive session at 12:01 p.m.

Resolutions of Decision

The following proposed Resolutions of Decision were introduced and discussed:

Section 101
Docket No. Name
PR 14-096 Orazio J. Petito, Jr. and Peto Management Corp.
PR 14-101 Long Cove Deng and New York Mart, Inc.
PR 14-159 Kevin J. Silvar and Joseph P. Romano and Visionpro Communications Corp.
PR 15-034 Fabian Bravo and IFK Handbags Corp.
PR 15-151 Kenneth Pieri
PR 16-044 Baron Associates
PR 16-091 Felix J. Terraferma Jr. and Blue Chip Fish & Clam Co. Inc. (T/A Blue Chip Fish Market)
PR 16-107 Michael Mangione d/b/a Allstate Painting
PR 16-140 Rajendra Mistry and Enaura Bridal Inc.

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

Interim Decisions:
Docket No. Name
PR 16-035 Anthony Leone
PR 16-076 Celia Durao, Durau Building Enterprises, Inc., and Durao Concrete Corporation

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

Section 27 - A:
Docket No. Name
PES 14-016 South Glenn Falls Fire Department, Inc.

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

Section 104:
Docket No. Name
CI 17-001 Empowered Construction Workers Association Local 102, Inc.
CI 17-002 Montgomery County Deputy Sheriff’s Police Benevolent Association, Inc.
CI 17-003 James Connolly Irish American Labor Coalition, Inc.
CI 17-004 Long Island Labor Advisory Council, Inc.

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

On motion by Mr. Arcuri duly seconded by Ms. Doherty, and unanimously carried, the meeting was moved out of executive session at 12:44 p.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 Ms. Perez duly seconded by Mr. Meagher, and unanimously carried, the meeting was adjourned at 2:30 p.m.