Industrial Board of Appeals

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March 6, 2019

Call to Order

The regularly scheduled meeting of the Industrial Board of Appeals was held on March 6, 2019 by video conference from the Board’s regional offices in New York City, Utica, and its main office in Albany, New York. The Board’s Chairperson, Molly Doherty, called the meeting to order at 9:12 a.m.

Attendance

New York City

  • Molly Doherty, Chairperson
  • J. Christopher Meagher, Member
  • Gloribelle J. Perez, Member
  • Matthew Robinson-Loffler, Associate Counsel
  • Jane M. Ipanaque, Secretary for NYC

Albany

  • Anne Hohenstein, Managing Attorney

Utica

  • Michael A. Arcuri, Member

Minutes

On motion by Mr. Meagher, duly seconded by Mr. Arcuri, and unanimously carried, the minutes of the previous meeting held on January 30, 2019 were approved.

Reports

Reports showing statistics and case status were distributed to Board Members and staff. The monthly report reflecting activity for January 2019 was reviewed and discussed.

Monthly Report
TitleJanuary 2019January 2018YTD 2019YTD 2018
New Proceedings Commenced
Section 101 – Review Petitions 16 16
Section 27-A – Public Employer Safety 0 0
Section 104 – Corporate Documents 0 0
Stay Applications 0 0
Total 16 10 16 10
Hearings Held
Total 9 10 9 10
Video Hearings Held
Capital District 2 2
Upstate 0 0
Downstate 0 0
New York City 7 7
Total 6 5 6 5
Hearings Scheduled/Not Held
Postponed 7 15 7 15
Resolved Prior to Hearing 5 7 5 7
Administratively Closed 5 7 5 7
Total 12 22 12 22
Board Resolutions
Total 13 11 13 11
Cases Closed
Section 101 11 11
Section 27-A 0 0
Section 104 2 2
Section WB 0 0
Total 13 0 13 11
Interim Resolutions
Stay Applications 0 0
Interim Decisions 0 0
Total 0 0 0 0

On motion by Ms. Perez, duly seconded by Mr. Meagher, and unanimously carried, the meeting was moved into quasi-judicial deliberation at 9:15 a.m. at which time Ms. Perez was excused from the meeting.

Consideration of Resolutions

Section 101
Docket No.Name
PR 17-116 Jose D. Santos Sr. and JS Restaurant Corp. (T/A Caridad Restaurant)

Except for Ms. Perez who is recused from discussing and voting on this decision, the Board, on motion by Mr. Meagher duly seconded by Mr. Arcuri, and unanimously carried, the Resolution of Decision under Section 101 was adopted.

Ms. Perez returned to the meeting at 9:22 a.m. for quasi-judicial deliberation of the remaining decisions.

Section 101
Docket No.Name
PR 17-122 Felipe Diab
PR 18-023 Serafino Tomassetti
PR 18-062 Jason Delbert
PR 18-067 Wayne D. Mitchell a/k/a Wayne Mitchell and Mitchell’s Real Estate, Inc.
PR 19-003 Kamal Kumar
PR 19-014 Ilyas Ahmad

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

On motion by Ms. Perez duly seconded by Mr. Arcuri, and unanimously carried, the meeting moved out of quasi-judicial deliberation at 10:09 a.m.

Discussion

The Board discussed the following topics:

Upcoming Board Meeting Dates and Locations

Adjournment

There being no further business, upon motion by Mr. Arcuri duly seconded by Ms. Perez, and unanimously carried, the meeting was adjourned at 11:00 a.m.