Industrial Board of Appeals

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March 11, 2015 Meeting Minutes

Call to Order

The regularly scheduled meeting of the Industrial Board of Appeals was held by video conference on March 11, 2015 between the offices in New York City and Utica, New York. The Board’s Chairperson, Vilda Vera Mayuga, called the meeting to order at 9:06 a.m.

Attendance

New York City

  • Vilda Vera Mayuga, Chairperson
  • J. Christopher Meagher, Member
  • LaMarr J. Jackson, Member
  • Wendell P. Russell, Jr., Counsel
  • Devin A. Rice, Associate Counsel
  • Jean Grumet, Administrative Law Judge
  • Anne Hohenstein
  • Jane M. Ipanaque, Secretary for NYC office

Utica

  • Francis P. Abriola, Member

Not in attendance

  • Michael A. Arcuri, Member

Introduction

The Chairperson commenced the meeting with an introduction of Anne Hohenstein to the IBA staff

Minutes

On motion by Ms. Jackson, duly seconded by Mr. Meagher, and unanimously carried, the minutes of the previous meeting held on January 28, 2015, were approved.

Monthly Report

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

Monthly Report
Title January 2015 February 2015 Year to Date 2015
New Proceedings Commenced
Section 101 – Review Petitions 30 21 51
Section 27-A – Public Employer Safety 1 0 1
Section 104 – Corporate Documents 2 3 5
Stay Applications 2 3 5
Total 33 24 57
Hearings Held
Total 9 9 18
Video Hearings Held
Capital District 0 0 0
Upstate 0 1 1
Downstate 1 2 3
New York City 8 6 14
Total 6 5 11
Hearings Scheduled/Not Held
Postponed 14 9 23
Resolved Prior to Hearing 7 11 18
Total 21 20 41
Board Resolutions
Total 39 0 39
Cases Closed
Section 101 37 0 37
Section 27-A 2 0 2
Section 104 0 0 0
Total 39 0 39
Interim Resolutions
Stay Applications 0 0 0
Interim Decisions 0 0 0
IBA Rules 0 0 0
Total 0 0 0

On motion by Mr. Meagher, duly seconded by Ms. Jackson, and unanimously carried, the meeting was moved into executive session at 9:25 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 10-387 Balbir Singh and Silver Spoon Café & Bar, Inc. (T/A Silver Spoon Café)
PR 11-352 David B. Itzkowitz and Marty Strauss and Mauzone Home Kosher Products of Queens, Inc.
PR 13-154 Anna Popermhem and Thai 212 Inc. (T/A Planet Thailand 212)
PR 13-178 Candido Goncalves and Nova Concrete Contractors, Inc.
PR 14-009 Lunella Russo A/K.A Nella Russo, Antonio Russo A/K/A Tony Russo and Lunella Ristorante, Inc.
PR 14-012 Domenic Benedetto and Daniel Crapanzano and Sea Breeze Auto Body Repairs, Inc.
PR 14-019 Jerry Roudbai A/K/A Ghassem J. Roudbai, and Seattle Bakeshop
PR 14-021 Rita S. Burgos and Walter G. Burgos and Pio Pio Riko Corp.
PR 14-044 Abdula M. Abu-Saab a/k/a Mike Saab and Line Food Corp. (T/A C-Town Supermarket)
PR 14-071 Luis Mora
PR 14-103 Jacqueline Vincent (T/A Jacqueline A. Vincent RNC MS LLP)
PR 14-110 Alberto F. Parejas and The Forger of N.Y. Corp.
PR 14-119 Mark D. Allen A/K/A Mark A. Allen and Nigel A. Walker and That’s Nice Marketing LLC and “That’s Nice” L.L.C. and That’s Nice LLC (T/A That’s Nice LLC)
PR 14-124 Joseph Oesterle and Fly By Morning Distribution, Inc.
PR 14-135 Paul Alessandrini and Fil-Coil (FC), Inc. and Fil-Coil China, Inc. (T/A Fil-Coil)
PR 14-141 Dimitrios P. Kontakos and Viand Restaurant, Inc.
PR 14-163 Celeste S. Kraiem
PR 14-165 Louis Vito Falvo (T/A Falvo Agency Statewide Investigations, Inc.) also (T/A L.V. Falvo Private Investigations & Process Service) also (T/A Falvo Agency)
PR 14-178 Len A. DiMaggio and James A. DiMaggio (T/A JD Motors)
PR 14-179 Marsilio C. Caccialino and Christopher M. Selletti (T/A Chico’s Tex-Mex Grill)
PR 14-183 Abdul Rashid Munshi and Caroline Garden Tenants Corp.
PR 14-200 Manoj Kapur and Health Source Group, Inc.
PR 14-240 Michael Giordano and Giordano’s Painting Company, In.c (T/A Giordano’s Painting)
PR 14-243 Leor Sabet a/k/a Leor Sabetfard and Matthew Sabet a/k/a Matthew Sabetfard and Alfred Sabet a/k/a Alfred Sabetfard and Sabet Development Company, Inc. and 117 Varick Street LLC (T/A The Sabet Group)
PR 14-247 Daniel Moloney A/K/A Daniel Maloney and Liffey Van Lines, Inc.
PR 14-256 Yong Sik Park a/k/a Youngsik Park and Young 86, Inc.
PR 14-259 Thomas Paccione and Lincoln Plumbing & Heating Supply Corporation
PR 14-262 Daniel E. Bain and David Loop and John Kolankowski and Sarah Serbert (T/A Galvstar LLC)
PR 14-269 Louise Kreitzman and Joshua Kreitzman and Prime Time Butcher, Inc. and Prime Time Butcher of Roslyn Heights, Inc. (T/A Prime Time Butcher)
PR 14-273 Moishe M. Tress A/K/A Mark Tress and Kinder Stuff 2010 LLC (T/A Kinder Stuff)
PR 14-286 John Keane and Michael Keane and BMJ Corp. (T/A Blarney Stone Pub)
PR 14-289 Alessandro Pirozzi A/K/A Alex Pirozzi and Martan Properties LLC
PR 14-290 Mujahid Ahmed and Saaqin, Inc.
PR 14-300 Richard B. Martinez A/K.A Ricardo Martine Brigantly and Homeland Protective Group, Inc.
PR 14-354 Haris Umadas and North Shore – Long Island Jewish Health System, Inc.
PR 15-004 Sandeep Bhagat and Junction Dental Care, P.C.
PR 15-010 Sandeep Bhagat and Sam’s Family Dental Care, P.C.
PES 14-003 Mt. Vernon City FD Station #3

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

Section 101
Docket No. Name
PR 11-298 Luchia McSweeney
PR 12-039 Valley Petroleum Services, LLC
PR 12-059 Barbara Waltuch (T/A Barbara Waltuch, Esq.)
PR 12-092 Robinson Leon
PR 12-103 William Morrissey and Merchant Solutions Group Corp.
PR 12-119 Richard Silvestri and Jericho Healthy Eatery, Inc. (T/A Jericho Eatery and Fine Dining)
PR 12-173 Bruce D. Zipes and Joel P. Goldberg and Brumeljo Inc. (T/A Bruce’s Bakery)
PR 12-193 Frederick A. Lewis II
PR 12-194 Utilisave, LLC
PR 13-011 Charles V. Mauriello Jr. d/b/a Sun Home Improvement
PR 13-079 Linas Smoriginas and Linas Construction, Inc.
PR 13-090 LaToya Peetes (T/A Purple House Cleaning Services)
PR 13-119 Thomas Cronin and Success Public Relations Inc.
PR 13-128 Michael Caruso
PR 13-158 Christopher Murphy
PR 13-163 Gregorio Estevez (T/A Gregory’s Home Improvement)
PR 13-168 Angel L. Taveras and Caridad Café 207, Inc.
PR 14-062 Ammar A. Zabarah (T/A Guy R. Deli)
PR 14-066 Oubideh Allaham a/k/a Eddie Allaham and DV&A Restaurant, LLC (T/A Chateau Steakhouse)
PR 14-069 Timothy DeVoe
PR 14-143 Edwin Gould Services for Children and Families
PR 14-162 Tyneadrian Bledsoe and Behavioral Solutions NY, Inc.
PR 14-186 Barry J. Capell
PR 14-187 Steven Deis
PR 14-207 Roy A. Dean and The Office, Inc.
PR 14-215 Eugene Nachamkin
PR 14-220 Kocho Ognenovski a/k/a/ Gus Ognenovski
PR 14-235 Hudson Energy Services LLC
PR 14-237 Jill Marie Donohoe
PR 14-248 Feroz Kabir (T/A New Bus Stop Deli & Grocery Inc.)
PR 14-253 Patrick Holiday and Debra Holiday (T/A Country Coach Catering)
PR 14-263 185 Orchard Street Landbrot LLC and 7th Ave Landbrot LLC
PR 14-275 Corey Parker and Strength In Motion, Inc.
PR 14-277 Elena G. Artykova and Snow Queen Group Family Care Inc.
PR 14-344 Steven Deis
PR 14-345 Shu Kui Li and the Asian Restaurant
PR 15-001 Barry J. Capell

Docket Nos. PR 12-092 and PR 13-163 were removed from the Agenda for further discussion. Docket No. PR 14-066 was modified to be issued as an Interim Decision. On motion by Mr. Meagher, duly seconded by Ms. Jackson, and unanimously carried, the Resolutions of Decision, under Section 101 were adopted.

Interim Decision
Docket No. Name
PR 13-007 Houcine Rached and Spectrum Jewelry, Inc.
PR 14-192 Steve Donigan and The Steve Donigan Agency, Inc.

On motion by Mr. Meagher, duly seconded by Ms. Jackson, and unanimously carried, the Interim Resolutions of Decision, including PR 14-066, under Section 101 were adopted.

Section 27-A
Docket No. Name
PES 12-001 New York City Housing Authority

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

Section 104
Docket No. Name
CI 15-001 Harlem Taxi Workers Association, Inc.
CI 15-002 Safety Professional Association Inc.
CI 15-003 Physical Therapy Collective Negotiations Committee Inc.
CI 15-004 Brighton Police Patrolman’s Association, Inc.
CI 15-005 Fairport Police Benevolent Association, Inc.

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

On motion by Ms. Jackson, duly seconded by Ms. Mayuga, and unanimously carried, the meeting was moved out of executive session at 11:19 a.m.

Discussion

The Board discussed the following topics:

Adjournment

There being no further business, upon motion by Ms. Jackson, duly seconded by Ms. Meagher, and unanimously carried, the meeting was adjourned at 12:41 P.M.