Industrial Board of Appeals

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March 7, 2018 Meeting Minutes

Call to Order

The regularly scheduled meeting of the Industrial Board of Appeals was held on March 7, 2018 by video conference from the Board’s Regional office located in New York City and Utica, New York. The Board’s Chairperson, Vilda Vera Mayuga, called the meeting to order at 9:13 a.m.

Attendance

New York City

  • Vilda Vera Mayuga, Chairperson
  • J. Christopher Meagher, Member
  • Molly Doherty, Member
  • Gloribelle J. Perez, Member
  • Devin A. Rice, Counsel
  • Jane M. Ipanaque, Secretary

Utica

  • Michael A. Arcuri, Member

Minutes

On motion by Ms. Doherty, duly seconded by Mr. Arcuri, and unanimously carried, the minutes of the previous meeting held on January 23, 2018 were approved.

Reports

Reports showing Statistics, Case Status, and calendar were distributed to Board Members and staff. The monthly report reflecting activity for January and February 2018 was reviewed and discussed.

Monthly Report
TitleJan 2018Jan 2017Feb 2018Feb 2017YTD 2018YTD 2017
New Proceedings Commenced
Section 101 – Review Petitions 9 0 5 14
Section 27-A – Public Employer Safety 0 0 0
Section 104 – Corporate Documents 0 0 0
Stay Applications 0 0 0
Total 9 14 5 17 14 31
Hearings Held
Total 10 5 10 8 20 13
Video Hearings Held
Capital District 0 0 0
Upstate 0 0 0
Downstate 1 2 3
New York City 9 8 17
Total 5 1 6 1 11 2
Hearings Scheduled/Not Held
Postponed 15 16 31
Resolved Prior to Hearing 7 5 12
Administratively Closed 7 3 5 9 12 12
Total 22 15 21 12 43 27
Board Resolutions
Total 11 11 0 0 11 11
Cases Closed
Section 101 9 0 9
Section 27-A 1 0 1
Section 104 0 0 0
Section WB 1 0 1
Total 11 11 0 0 11 11
Interim Resolutions
Stay Applications 0 0 0
Interim Decisions 0 0 0
IBA Rules 0 0 0
Total 0 0 0 0 0 0

Resolutions of Decision

The following proposed Resolutions of Decision were introduced and discussed:

Settlements and approval of withdrawal of petitions
Docket No.Name
PR 17-013 George Kalogeras and 3K Foods Inc. (T/A Jackson Hole)

On motion by Ms. Perez, duly seconded by Mr. Arcuri, and unanimously carried, the Resolution of Decision for Settlements and Approval of withdrawal of petitions/orders was adopted.

Section 101
Docket No.Name
PR 14-245 Jagtar Singh
PR 15-033 Carol A. Beneke and Kenneth J. Beneke and Willow Brook Farms, LLC (T/A Willowbrook Farm)
PR 16-096 Muhammad Irfan and FM Halal Meat and Grocery Incorporated (T/A Fresh Meadows Halal Meat & Grocery)
PR 16-103 Serge Durka and Café Crème Brasserie Ltd.
PR 16-123 Guy Nicolas a/k/a Guy Nicholas and Capital District Auto Care Service, LLC
PR 17-135 Stephen R. Hoody (T/A New Health C & PT LLC), also (T/A Novo Weight Loss)
PR 17-136 William M. Laisdell a/k/a Bill Laisdell and Timber & Stone Construction, LLC
PR 17-138 John Michael Krawchuck, Sr. and Leslie Wenzler and LG Contracting Inc.
PR 17-147 Albert C. Corhan and Iphigenia Romanos (T/A Adelphi Academy of Brooklyn)
PR 17-154 Brian Weber

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

Section 27-A
Docket No.Name
PES 15-007 Gates Chili Central School District

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

Discussion

The Board discussed the Rules of Procedure and Practice and advised its Members that a draft of the Rules will be circulated for their review.

Upcoming Board Meeting Dates and Locations

Adjournment

There being no further business, upon motion by Ms. Mayuga, duly seconded by Mr. Arcuri, and unanimously carried, the meeting was adjourned at 10:00 a.m.