Industrial Board of Appeals

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May 29, 2019

Call to Order

The regularly scheduled meeting of the Industrial Board of Appeals was held on May 29, 2019 at the Board’s regional office in New York City. The Board’s Chairperson, Molly Doherty, called the meeting to order at 10:10 a.m.

Attendance

Minutes

On motion by Ms. Perez, duly seconded by Mr. Arcuri, and unanimously carried, the minutes of the previous meeting held on March 6, 2019 were approved.

Reports

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

Monthly Report
TitleFebruary 2019March 2019April 2019YTD 2019YTD 2018
New Proceedings Commenced
Section 101 – Review Petitions 12 11 20 59
Section 27-A – Public Employer Safety 0 2 1 3
Section 104 – Corporate Documents 1 0 0 0
Stay Applications 0 0 0 0
Total 12 13 20 62 25
Hearings Held
Total 5 8 4 26 39
Video Hearings Held
Capital District 1 0 0 3
Upstate 3 2 1 6
Downstate 0 0 0 0
New York City 1 6 3 17
Total 3 7 3 19 16
Hearings Scheduled/Not Held
Postponed 9 8 10 34 50
Resolved Prior to Hearing 3 1 3 12 59
Administratively Closed 3 1 3 12 28
Total 12 9 13 46 79
Board Resolutions
Total 0 7 0 20 23
Cases Closed
Section 101 0 0 0 18
Section 27-A 0 0 0 0
Section 104 0 0 0 2
Section WB 0 0 0 0
Total 0 7 0 20 23
Interim Resolutions
Stay Applications 0 0 0 0
Interim Decisions 0 0 0 0
Total 0 0 0 0 0

Consideration of Resolutions & Deliberation

On motion by Mr. Arcuri, duly seconded by Ms. Doherty, and unanimously carried, the meeting was moved into quasi-judicial deliberation at 10:17 a.m. Board Member, Christopher Meagher, recused himself from participating in any discussion or voting in the matter of Docket No. PR 18-014 and was excused from the meeting.

Section 101
Docket No.Name
PR 18-014 Mariellen Cupini

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

Mr. Meagher returned to the meeting at 10:25 a.m. for quasi-judicial deliberation of the remaining decisions.

Settlements and approval of withdrawal of petitions/orders/applications
Docket No.Name
PR 18-076 Thomas F. Cela and Celco Manufacturing, Inc. T/A York Metal Toll Processing
CI 19-001 Advancing Local Leadership Opportunities for Women, Inc.

On motion by Mr. Arcuri duly seconded by Ms. Perez, and unanimously carried, the Resolution of Decision for Settlements and Approval of Withdrawal of Petitions/Orders/Applications was adopted.

Section 101
Docket No.Name
PR 16-092 The Arc of Livingston-Wyoming
PR 17-131 Chaudhry M. Razzaq A/K/A Chaudhry Chaudry and Jerome Auto Repair Corp.
PR 18-012 Benjamin G. Abraham
PR 18-016 Ahmad A. Hussein T/A Alyas Home Improvement
PR 18-033 Edward D. Vugmayster, Jr. A/K/A Edward Vugmayster and Best Buy Liquors, Inc. FKA Crazy Eddie Liquors Inc. T/A Best Buy Liquors
PR 18-040 Ali Araif A/K/A Araif Ali and Buffalo Financial Services LLC T/A Delavan Check Cashing
PR 18-057 Linda M. Carron and Westchester Architectural Glass, Inc.
PR 18-073 Rickanda Smith and Reiki Construction Corp.
PR 18-081 Perry A. Ciambella and Ciambella Home Care, Inc. T/A Firstlight Home Care
PR 18-084 VK Real Estate Holdings, LLC T/A VK Holding Corporation
PR 18-091 Steve Kellman and Tacc General Contractor, Inc.
PR 19-008 Michael Joseph Filippone, Sr. A/K/A Michael Filippone and Prima Contracting LTD
PR 19-009 Michael Scott Bregman
PR 19-012 Romick K. Adams T/A RKA Piping and Heating
PR 19-044 Jacob Adams
PR 19-049 Michael J. O’Brien, Jr.

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

Section 27-A
Docket No.Name
PES 16-010 Joel W. Frederick – Corrected and Reissued Resolution of Decision
PES 19-001 Triborough Bridge and Tunnel Authority’s Second Petition for Modification of Abatement Date
PES 19-002 Brian M. Granger

On motion by Mr. Arcuri duly seconded by Ms. Perez, and unanimously carried, the Resolutions of Decision under Section 27-A were adopted.

Section 104
Docket No.Name
CI 19-002 The East Hampton Town Police Superior Officers Association, Inc.

On motion by Ms. Doherty duly seconded by Mr. Arcuri, and unanimously carried, the Resolution of Decision under Section 104 was adopted.

On motion by Ms. Perez duly seconded by Ms. Doherty, and unanimously carried, the meeting moved out of quasi-judicial deliberation at 11:32 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. Meagher duly seconded by Ms. Perez, and unanimously carried, the meeting was adjourned at 12:05 p.m.