Industrial Board of Appeals

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March 2, 2016 Meeting Minutes

Call to Order

The regularly scheduled meeting of the Industrial Board of Appeals was held on March 2, 2016 by video conference from the Board’s offices located in New York City and Albany, New York. The Board’s Chairperson, Vilda Vera Mayuga, called the meeting to order at 9:18 a.m.

Attendance

New York City

  • Vilda Vera Mayuga, Chairperson
  • J. Christopher Meagher, Member
  • LaMarr J. Jackson, Member
  • Jean Grumet, Administrative Law Judge
  • Devin A. Rice, Counsel
  • Anne Hohenstein, Managing Attorney
  • Joshua David Riegel, Empire Fellow
  • Dana E. DePass, Secretary for Albany Office
  • Jane M. Ipanaque, Secretary for NYC Office

Albany

  • Michael A. Arcuri, Member

Minutes

On motion by Mr. Meagher duly seconded by Ms. Jackson, and unanimously carried, the minutes of the previous meeting held on January 20, 2016, were approved.

Reports

Updated reports showing Statistics, Case Status, and calendar were distributed to Board Members and staff. The monthly report for January and February 2016 reflecting activity as follows was reviewed and discussed.

Monthly Report
TitleJanuary 2016February 2016Year to Date 2016
New Proceedings Commenced
Section 101 – Review Petitions 20 3
Section 27-A – Public Employer Safety 1 2
Section 104 – Corporate Documents 3 2
Stay Applications 0 0
Total 24 7 31
Hearings Held
Total 16 16 32
Video Hearings Held
Capital District 0 0
Upstate 6 2
Downstate 4 2
New York City 6 12
Total 8 6 14
Hearings Scheduled/Not Held
Postponed 14 12
Resolved Prior to Hearing 12 15
Total 26 27 53
Board Resolutions
Total 33 0 33
Cases Closed
Section 101 30 0 0
Section 27-A 1 0 0
Section 104 2 0 0
Total 33 0 33
Interim Resolutions
Stay Applications 0 0
Interim Decisions 0 0
IBA Rules 0 0
Total 0 0 0

On motion by Ms. Jackson duly seconded by Mr. Meagher, and unanimously carried, the meeting was moved into executive session at 9:48 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 15-087 Pedro Montero and Johans Montero and C & S Parking Garage, Inc.
PR 15-092 Caterina A. Mangiafreno and Carlo A. Mangiafreno and Riviera Corporation (T/A Angelo and Sons Bakery)
PR 15-095 Oscar Alvarez and Magic Touch Auto Detail Inc.
PR 15-100 Eamonn A. McDonnell and MC & O Contracting Inc.
PR 15-110 Said Vedad and Tiramisu Restaurant, LLC
PR 15-124 Joel Peralta and J.P. Eatery Inc. (T/A Subway Restaurant)
15-125 Joel Peralta and Uptown Subs Inc. (T/A Subway)
PR 15-193 Antonio M. Pensato and Milton E. Martinez and A. Pensato Ind. LLC
PR 15-143 Nosson Sklar A/K/A Nathan Sklar (T/A Comprehensive Kids Developmental School)
PR 15-197 Anil Jauhar and Ride N’Bite Inc. (T/A BP Gas Station)
PR 15-145 Khosrow Jemond Zoughi A/K/A Khoshrow Coughi and Aria Limousine Inc.
PR 15-154 Check Systems LLC
PR 15-181 Michael Wainstein
PR 15-184 John Hu and Jannen of America, Inc.
PR 15-187 Jesus Albert Garzon Sr. and The Billingual News, Inc.
PR 15-199 Jose Flores A/K/A Paul Flores
PR 15-203 Claudius G. Defrancesco II A/K/A Claudius Defrancesco and Flashpoint Investigations, Inc.
PR 15-211 Simone Politides
PR 15-224 GVC II Inc.
PR 15-231 John Tsoumpas
PR 15-243 Mr. Bult's, Inc. (T/A MBI)
PR 15-262 Pugliese and Park Side Construction Co., Inc.
PR 15-270 Abraham Sorcher and Yeshiva Gedolah A, LLC
PR 15-292 Carlos Idrovo and Continental Radio Dispatch Corp.
PR 15-293 John James Descul Sr., A/K/A John Descul and Delta Contracting, Painting and Decorating, Inc.
PR 15-296 Oscar Moreno and Pavon Deli Restaurant Corp.
PR 15-305 Jose Liberato and Liberato Food Inc.
PR 15-310 Sabra Dipping Company, LLC
PR 15-314 Ibrahim I. Fatiha and Medical Mission Health Care P.C.
PR 15-323 Medical Mission Health Care, P.C.
PR 15-324 John Koukounas and Anastasios Koukounas A/K.A Taso Koukounas and Proto Restaurant Corp. (T/A AVLI The Little Greek Kitchen)
PR 15-326 Daniel Spitz and Mitchell Spitz (T/A The Orchard)
PR 15-327 Kenneth J. Rosenthal and Kenneth J. Rosenthal, M.D. P.C. (T/A Rosenthal Eye & Facial Plastic Surgery)
PR 15-333 The Estate of Hyou Chun and Exim Beauty Supply, Inc. and Exim Jamaica Inc.
PR 15-351 Perry Agiovlasitis
PR 15-355 Tzvi Meir Hasenfeld and Apple and Honey, LLC and HMH Iron Design LLC
PR 15-364 Joshua Zelikovits (T/A Mesiuta & Yeshiva Gedola of Manhattan Beach)
PR 15-369 Janusz Grabinski and Jepol Construction Inc.
PES 15-011 Town of New Castle – Inspection #1000288
PES 15-012 Town of New Castel – Inspection #1060010

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

Section 101
Docket No.Name
PR 11-276 Sodhi Longia and Guaran Ditta Corp. (T/A Happy Days Diner), CORRECTED AND REISSUED
PR 11-300 Patrick Horan (T/A Horan Communications LLC)
PR 11-301 Patrick Horan (T/A Scart Communications LLC)
PR 12-124 Abdul Abullah and Rayen Hussein (T/A Stock Aide Deli) also (T/A Stock Aide Market & Deli)
PR 13-016 Ronald M. Delevan and Susquehanna Locomotive & Railcar Repair Services Inc.
PR 13-126 Dimitrios Gatanas
PR 14-099 Melissa L. Dewey a/k/a Melissa L. Fuller, Timothy M. Dewey, and TMD Contracting LLC
PR 14-190 Marek Jendroska and 123 New York Corporation
PR 15-051 Luisa Martinez
PR 15-134 Rob Josclyn and Wasoff Plumbing & Utility Co., Inc.
PR 15-156 Brandon C. Delmarle and BCD Home Improvements, LLC
PR 15-209 Frank Cammarata
PR 15-227 Ruben Munet, Zenaida Munet, Ruben Munet, Jr., and Saint James Park Daycare Center Inc.
PR 15-274 Yevgeny Panchenko a/k/a Gene Panchenko and Rhino Construction NYC, Inc. (T/A Rhino Construction)
PR 15-289 Tara Joy Oolie and Just Calm Down, LLC, and Just Calm Down II, LLC (T/A Just Calm Down Spa)
PR 15-357 Parviz Shakiban
PR 15-365 Lorraine Caruso a/k/a Lori Caruso and Precision Assembly Technologies, Inc.
PR 15-384 Edward Globokar
PR 15-384 Edward Globokar
PR 15-385 Karen Globokar
PR 15-395 Abdelilah Alami Binani and Alandalous Properties Corp. (T/A Parika Islamic & Arabic School)

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

Section 27-A
Docket No.Name
PES 15-010 Todd Saltsman

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

Section 104
Docket No.Name
CI 16-002 Center for Frontline Retail, Inc.
CI 16-003 Macedon Police Association, Inc.
CI 16-004 Global Chinese Commerce Union Association, Inc.
CI 16-005 Directors Guild of America, Inc.

Upon review, docket number CI 16-004 was removed from the Agenda for further discussion. With the exception of CI 16-004, on motion by Ms. Jackson duly seconded by Mr. Arcuri, and unanimously carried, the Resolutions of Decision under Section 104 were adopted.

On motion by Mr. Arcuri duly seconded by Mr. Meagher, and unanimously carried, the meeting was moved out of executive session at 11:03 a.m.

Discussion

The Board discussed the following topics:

  1. DOL answer
    • Hearing officers are to review the case file in order to address any issues at the pre-hearing conference that may indicate the need for an amended answer.
  2. HO calling own witness
    • Prior to calling its own witness at hearing, hearing officers should take a brief recess to consult with the Board’s Counsel.
  3. IBA subpoenas v attorney subpoenas
    • The use of IBA subpoenas is not mandatory, attorneys may use their own.
  4. Other
    • Chairperson Mayuga announced Devin A. Rice as newly appointed Counsel to the IBA, and Joshua David Riegel was admitted to NYS Bar.
    • The Board discussed the importance of setting the tone before conducting the hearing. In the event that a party is not present at the scheduled time, the ALJ may begin the hearing without them.
    • A handout regarding Liquidated Damages Labor Law §§ 198 and 663, was provided to all.

Upcoming Board Meeting Dates and Locations

Adjournment

There being no further business, upon motion by Mr. Arcuri duly seconded by Ms. Mayuga, and unanimously carried, the meeting was adjourned at 11:33 a.m.