Industrial Board of Appeals

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May 25, 2016

Call to Order

The regularly scheduled meeting of the Industrial Board of Appeals was held on May 25, 2016 from the Board’s regional office located in New York City and conducted by video conference with Utica, New York. The Board’s Chairperson, Vilda Vera Mayuga, called the meeting to order at 9:20 a.m.

Attendance

New York City

  • Vilda Vera Mayuga, Chairperson
  • J. Christopher Meagher, Member
  • LaMarr J. Jackson, Member (joined at 9:50 a.m.)
  • Jean Grumet, Administrative Law Judge
  • Devin A. Rice, Counsel
  • Anne Hohenstein, Managing Attorney
  • Joshua David Riegel, Attorney
  • Dana E. DePass, Secretary for Albany Office
  • Jane M. Ipanaque, Secretary for NYC Office

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 April 13, 2016, were approved.

Reports

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

Monthly Report
TitleApril 2016April 2015Year to Date 2016Year to Date 2015
New Proceedings Commenced
Section 101 – Review Petitions 20
Section 27-A – Public Employer Safety 2
Section 104 – Corporate Documents 1
Stay Applications 0
Total 23 46 62 148
Hearings Held
Total 11 12 59 50
Video Hearings Held
Capital District 0 0
Upstate 3 12
Downstate 3 12
New York City 5 35
Total 5 8 26 34
Hearings Scheduled/Not Held
Postponed 16 63 44
Resolved Prior to Hearing 21 70 46
Total 37 22 133 90
Board Resolutions
Total 54 66 148 188
Cases Closed
Section 101 51 136
Section 27-A 0 0 4
Section 104 2 7
Total 53 63 147 183
Interim Resolutions
Stay Applications 0 0 0
Interim Decisions 1 0 1
IBA Rules 0 0 0
Total 1 3 1 5

On motion by Mr. Arcuri duly seconded by Ms. Mayuga, and unanimously carried, the meeting was moved into executive session at 9:33 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 15-082 Rocky Telese and Paolo Telese and Eliza Inc. (T/A Elisa’s Ristorante Café)
PR 15-122 Muhammad Haq and Cross Island Service Center, Inc. (T/A Cross Island Auto Center)
PR 15-139 Vladislav Yusufov and Diana Yusufova and Good Vision Taste Inc. (T/A Signature)
PR 15-198 Oscar A. Montalvan and V & O Montalvan Fence Corp.
PR 15-202 DePaul Community Services, Inc.
PR 15-208 Ben Donker and Uncle Moo 99 Corporation
15-218 Mildred Scharf
PR 15-219 Michael Dicocco A/K/A Michael Dicoco and Coco Italian Restaurants, Inc. (T/A D’Cocco Pizza & Pasta)
PR 15-230 The Center for Rehabilitation and Healthcare at Dutchess, LLC (T/A Dutchess Center for Rehabilitation and Healthcare)
PR 15-242 Esad Kacic and Day & Night Constructions Corporation (T/A Day & Night Constructions Corporation Monte)
PR 15-247 Niki Frantzis and 95-05 41st Avenue LLC
PR 15-252 Mendel Kaff and Platinum Home Health Care Inc.
PR 15-258 Wall Wear, Inc.
PR 15-264 James Guardino and Responsive Healthcare Solutions, Inc
PR 15-265 Sergio Fernandez and Vette Works, Inc.
PR 15-268 Felix Guillermo and J and F Hardware, Inc.
PR 15-291 Adam Abramowitz and Ward Mechanical Corp.
PR 15-309 Jin He Chen and AKI Sushi West, Inc. (T/A Chopstick House)
PR 15-316 Edmundo Tochimani and E&G Auto Repair Inc.
PR 15-330 Igor Fliotsanov A/K/A Igor Rekhter and Boris Flitsanov A/K/A Boris Flitsonov (T/A DTS, Inc.)
PR 15-331 James A. Greene Jr. A/K/A James Greene and J.A.G. Security Inc.
PR 15-341 Larissa Ann Cooper and Raymond Senior Cooper Jr. and All-Pro Maintenance, LLC
PR 15-345 Norbert Bercovici Norbeert Wholesale Travel World, Ltd.
PR 15-346 Family Dollar Stores of New York, Inc. (T/A Family Dollar)
PR 15-352 George E. Confroti and Scott Russell and Duck Fat Inc. (T/A Eat Gastro Pub)
PR 15-354 George Luiz Perez Sr. A/K/A Jorge Perez and Hempstead Poultry Farms Inc.
PR 15-358 William S. Macklowe and William Macklowe Company LLC
PR 15-379 See Koo Lee
PR 15-387 Gregory Sawyer and Kid Kampus, LLC
PR 15-392 Victor Orlando Carrillo, Sr. and Muffler, Tires & Brakes, Inc. (T/A Complete Auto Repair)
PR 15-393 William L. McCoy and McCoy Holdings, Inc. (T/A McCoy Consultants Ltd.)
PR 15-396 Angel Cardenas A/K/A Angelica Cardenas and AQP Cleaning & Maintenance Corp.
PR 15-397 Richard Franco and Recommendation Contracting Inc.
PR 15-399 Artan Kola A/K/A Tony Kola (T/A Kola Brothers Construction) also (T/A Kola Maintenance)
PR 15-404 Rizvi Corp.
PR 16-012 Steven E. Yevoli and Kitchennyc, LLC (T/A Kitchen NYC)
PR 16-015 Benzion Kuncman
PR 16-029 Peter Cauallaro and Mary E. Adams and Babylon Village Realty LLC (T/A Century 21 Adams Realty)
PES 16-003 NYS College of Ceramics @ Alfred University – 2 Pine Street, Alfred, NY 14802

On motion by Mr. Meagher 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 12-160 Randy Zielinski and Priority One Networks LLC
PR 14-020 Shalini Mohabir Edwards and Suresh Construction Corp.
PR 14-080 Dimitrios Potamianos Sr. and Saveta Lakeram (T/A DS Studio LLC)
PR 14-310 Eleanor Capogrosso and Eleanor Capogrosso Attorney at Law, PLCC, and Eleanor Capogrosso, LLC
PR 15-171 Elba Arvelo a/k/a Elba Peralta (T/A Restaurant Los Taxistas)
PR 15-182 Anastasia Y. Konovaltseva
PR 15-273 Juan F. Mendoza and Martha J. Mendoza and La Fonda De Don Juan, Inc. (T/A Pupuseria)
PR 15-348 Angela De La Rosa and El Conde Rest. Corp. (T/A El Conde Restaurant)
PR 15-367 Eric Vadillo a/k/a Erick Vadillo and Paragon Home Designs, Inc.
PR 15-375 Gavin Ralph Farella and James Ralph a/k/a Jamie Farella and Brothers Barbecue, Inc. (T/A Brothers Barbecue)
PR 16-009 Dana Poland (T/A Dana’s Rusty Anchor)
PR 16-030 Bryan Zaslow and JBC Style NY LLC
PR 16-033 Demola Bamgbose and Tayo Bello Bamgbose

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

Interim Decisions
Docket No.Name
PR 15-033 Carol A. Beneke and Kenneth J. Beneke and Will Brook Farms, LLC (T/A Willowbrook Farm)
Section 27-A
Docket No.Name
PES 14-013 Zoom Flume Water Park, LLC
Section 104
Docket No.Name
CI 16-007 Igbodo Development Union Metropolitan Area of New Jersey and New York Chapter, Inc.
CI 16-008 Tuckahoe Police Benevolent Association Inc., Reissued Resolution of Approval

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

Discussion

The Board discussed the following topics:

  1. Amending petition at hearing
    • A petition may be amended at the beginning of the hearing with the condition that respondent be granted an adjournment to allow for additional time to prepare, if necessary and warranted.
  2. Decisions pending – hearing calendar
    • Hearing officers will aim to submit two decisions per Board meeting to address outstanding decisions and taking advantage of current light hearing calendar.
  3. Admission of investigative files, foundation under SAPA
    • Any part of the DOL’s investigative file should be admitted into evidence as long as the foundation is laid that it is part of the investigative file. The weight accorded it is a separate matter for consideration at the time of drafting a decision on the case.
  4. Attorney misconduct
    • Hearing officers may report it to the appropriate department as warranted.
  5. Other
    • The Board’s secretarial staff will keep a log to track the timeliness of hearing transcripts submitted past 30 days. Any incidents of untimely submissions will be reported to Ruth Post immediately.

On motion by Ms. Jackson duly seconded by Ms. Mayuga, and unanimously carried, the meeting was moved out of executive session at 11:45 a.m.

Upcoming Board Meeting Dates and Locations

Adjournment

There being no further business, upon motion by Mr. Arcuri duly seconded by Mr. Meagher, and unanimously carried, the meeting was adjourned at 11:52 a.m.