Industrial Board of Appeals

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May 3, 2017

Call to Order

The regularly scheduled meeting of the Industrial Board of Appeals was held on May 1, 2017 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 9:18 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
  • Anne Hohenstein, Managing Attorney
  • Joshua David Riegel, Attorney
  • Dana E. DePass, Secretary
  • Jane M. Ipanaque, Secretary

Utica

  • Michael A. Arcuri, Member

Minutes

On motion by Mr. Arcuri duly seconded by Ms. Doherty, and unanimously carried, the minutes of the previous meetings held on March 1, 2017 and March 24, 2017, were approved.

Reports

Reports showing Statistics, Case Status, and calendar were distributed to Board Members and staff. The monthly report reflecting activity for March and April 2017 was reviewed and discussed.

Monthly Report
Title March 2017 March 2016 April 2017 April 2016 Year to Date 2017 Year to Date 2016
New Proceedings Commenced
Section 101 – Review Petitions 28 27 77
Section 27-A – Public Employer Safety 1 1 6
Section 104 – Corporate Documents 0 3 8
Stay Applications 0 0 0
Total 29 8 31 23 91 62
Hearings Held
Total 16 16 8 11 37 59
Video Hearings Held
Capital District 2 1 3
Upstate 3 3 6
Downstate 0 0 0
New York City 11 4 26
Total 4 7 3 5 9 30
Hearings Scheduled/Not Held
Postponed 9 21 10 16 40 63
Resolved Prior to Hearing 1 22 1 21 8 70
Administratively Closed 5 10 15
Total 15 43 21 37 63 133
Board Resolutions
Total 17 61 0 54 28 148
Cases Closed
Section 101 9 0 19
Section 27-A 1 0 2
Section 104 4 0 4
Section WB 1 0 1
Total 15 61 0 53 26 147
Interim Resolutions
Stay Applications 0 0 0
Interim Decisions 2 0 2
IBA Rules 0 0 0
Total 2 0 0 1 2 1

On motion by Ms. Doherty duly seconded by Ms. Perez, and unanimously carried, the meeting was moved into executive session at 9:26 a.m.

Resolutions of Decision

The following proposed Resolutions of Decision were introduced and discussed:

Section 101
Docket No. Name
PR 13-007 Houcine Rached and Spectrum Jewelry, Inc.
PR 14-245 Jagtar Singh
PR 14-274 Dora E. Idez and Javier Roman Idez (T/A Subway)
PR 14-347 Rosa A. Mejia and La Nueva Cocina Restaurant, Inc. (T/A La Cocina Restaurant Inc.)
PR 15-008 Alessandro Altigieri and Baci Da Roma LLC (T/A Carbone Restaurant)
PR 15-245 John Ellis a/k/a John C. Ellis Sr. (T/A J Ellis & Sons)
PR 15-287 Frank Lobosco and 1378 Coffee, Inc. (T/A Juliano Gourmet Coffee)
PR 15-390 Rong H. Zheng and Rong Trading Corp.
PR 15-401 Rosa A. Mejia and La Nueva Cocina Restaurant, Inc. (T/A La Cocina Restaurant Inc.)
PR 16-114 Anh Thu Tran a/k/a Anh Thi Tran and Hang Tran d/b/a Elite Nail Spa #2
PR 16-121 Ambush Alarm & Electronics Inc.
PR 16-130 Joseph Silvestro and 96 Vreeland Street Corp. (T/A Rosamaria Bakery)

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

Interim Decisions
Docket No. Name
PR 16-127 Louis Essman, M.D.

On motion by Ms. Perez duly seconded by Mr. Meagher, and unanimously carried, the Interim Resolution of Decision under Section 101 was adopted.

Section 27-A
Docket No. Name
PES 14-014 Town of Lee

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

Section 104
Docket No. Name
CI 17-005 Teamsters Alliance for Pension Protection, Inc.
CI 17-006 Queens South Supervisors Association Inc.

On motion by Ms. Perez 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 Ms. Doherty, and unanimously carried, the meeting was moved out of executive session at 10:15 a.m.

Upcoming Board Meeting Dates and Locations

Adjournment

There being no further business, upon motion by Ms. Perez duly seconded by Mr. Meagher, and unanimously carried, the meeting was adjourned at 10:30 a.m.