Industrial Board of Appeals

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November 5, 2014

Call to Order

The regularly scheduled meeting of the Industrial Board of Appeals was held by video conference from Albany, New York and Rochester, New York on Wednesday, November 5, 2014 at 10:45 A.M. The Board’s Chairperson, Vilda Vera Mayuga, called the meeting to order.

Attendance

  • Vilda Vera Mayuga, Chairperson
  • J. Christopher Meagher, Member
  • LaMarr J. Jackson, Member (by video from Rochester, New York)
  • Michael A. Arcuri, Member
  • Frances P. Abriola, Member
  • Jeffrey M. Bernbach, Executive Director
  • Wendell P. Russell, Jr., Counsel
  • Jean Grumet, Administrative Law Judge
  • Dana E. DePass, Secretary for Albany office

Minutes

On motion by Mr. Meagher, duly seconded by Mr. Arcuri, and unanimously carried, the minutes of the previous meeting held on September 24, 2014, were approved.

Monthly Report

The monthly report for September and October 2014 reflecting activity as follows was reviewed and discussed.

Monthly Report
TitleSept-14Oct-14YTD-14
New Proceedings Commenced
Section 101 – Review Petitions 38 43 279
Section 27-A – Public Employer Safety 2 1 10
Section 104 – Corporate Documents 1 1 12
Stay Applications 0 0 0
Total 41 45 301
Hearings Held
Total 19 18 168
Video Hearings Held
Capital District 0 1 21
Upstate 2 1 14
Downstate 1 7 38
New York City 16 9 95
Total 7 12 73
Hearings Scheduled/Not Held
Postponed 10 12 152
Resolved Prior to Hearing 10 17 196
Total 20 29 348
Board Resolutions
Total 55 0 530
Cases Closed
Section 101 50 0 500
Section 27-A 0 0 10
Section 104 4 0 14
Total 54 0 524
Interim Resolutions
Stay Applications 0 0 0
Interim Decisions 1 0 6
IBA Rules 0 0 0
Total 1 0 6

Resolutions of Decision

The following proposed Resolutions of Decision and Interim Resolutions of Decision were introduced and discussed:

Settlements and approval of withdrawal of petitions
Docket No.Name
PR 11-084 Clara E. Martinez and Victor M. Perez (T/A On Time Printing)
PR 11-190 Carina B. Cesari and Henry A. Cesari II D/B/A City Health Group II also (T/A Phoenix Group Fitness)
PR 11-269 Rogelio Velasco 32 d/b/a Velasco Couture
PR 11-291 Michael E. Malek and 1012 Ocean Avenue Realty, LLC
PR 11-294 Narul Anthony Hack and Hack Real Estate Associates USA LLC
PR 11-355 Magdelena Dominguez and Fatima Dominguez and Damaris Dominguez and Montezuma Restaurant, Inc.
PR 11-389 Wayne Rutkay
PR 11-390 Arnold Alex Bize and Contemporary Streetwear
PR 12-017 Faraj Salameh and Shoes Unlimited (T/A Tip Top)
PR 12-060 Mirso Lekic and IL Valentino Restaurant Inc.
PR 12-074 Michael E. Malek and115 Lenox Realty, LLC
PR 13-081 Erik J. Dimech and Four D. Landscaping, Inc.
PR 13-091 Geeta Shukla and Sun Restaurants Inc. (T/A Dunkin Donuts)
PR 13-109 Karen Dinan
PR 13-117 Richard C. Super Jr. and Riverhead Car Wash LLC and Buda Enterprises, Inc. (T/A Riverhead Auto Wash)
PR 13-133 Gustavo C. Humala and J & C Cleaners Inc. (T/A J C Cleaners)
PR 13-147 Juan P. Vargas (T/A Family Laundry House)
PR 13-190 Un H Lee a/k/a Ann Lee (T/A Kingston Fashion)
PR 14-003 LPT Contracting and Preservation LLC
PR 14-017 Rishikech Pradip Dalal and Dalal Medical, P.C.
PR 14-022 Sasha Muniak and Mangia 57, Inc.
PR 14-027 NY Boiler & Air Conditioning Repair Corp. (T/A New York Boiler & Air Conditioning)
PR 14-028 Wilson Quiceno A/K/A Carlos Wilson Quiceno and Casablanca Group, Inc.
PR 14-033 Argjen Maksudovski and Sefit Maksudovski and Sefit’s Son Masonry Corp.
PR 14-036 Frank Goldstein and Smart Ride Ltd.
PR 14-076 Robert J. Rosen and Stacey B. Rosen and DR Administrative Services, Inc.
PR 14-092 Richard J. Novak Sr. and Richard J. Novak, Ltd.
PR 14-095 Nunzio D. Fontana and FDM Management Corp.
PR 14-107 William C. Baffa and Baffa Trucking Inc.
PR 14-118 Paula Catalano A/K.A Paula Marie Catalano-Mirren and Angus House & Lounge, LLC
PR 14-131 Jonathan B. Lipschitz and Great Palace Realty, LLC (T/A Comfort Inn-Newburgh)
PR 14-175 Howard Halle and Shari Hausman (T/A Ultimate Spectacle)
PR 14-177 Joshua J. Young and Serett Metalworks Corp.
PR 14-180 Ramon C. Calvo Sr. and Ebro Construction Corp.
PES 14-004 Mt. Kisco Police Department

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.

On motion by Ms. Mayuga, and duly seconded by Ms. Abriola and unanimously carried the meeting was moved into executive session.

Section 101
Docket No.Name
PR 10-188 Krista Schultz and RKJ Interests LLC
PR 10-361 Russ D. Gerson and The Gerson Group LLC
PR 10-364 Gregory J. Herzog and Warehouse Wholesaler.com Inc.
PR 11-086 Ashraf Elgharib and CD Broadway Food Corporation
PR 11-114 Charles Scanio and Peaches Café, LLC
PR 12-031 Aldo R. Mosquera and H.A.B. Inc. (T/A Home Boys Auto Boutique)
PR 12-139 Allen M. Rosenthal
PR 13-164 Anthony Pergola and Peter G. Pergola and Peter M. Pergola and Northeast Landscape Associates Inc.
PR 13-186 Louise L. Hamlett and Francois Michel Dure and Wyandanch Day Care Center, Inc.
PR 14-079 Vivian Scott
PR 14-153 Paul Haye and Slope Jamaican Patties LLC (T/A Christie’s Jamaican Patties)
PR 14-161 Pervez Mirza
PR 14-173 Joseph Cohen a/k/a Yosef Cohen and Mazalot, Inc.

On motion by Mr. Meagher, duly seconded by Ms. Jackson and unanimously carried, the Resolutions of Decision under Section 101 were adopted. Docket No. PR 11-086, Ashraf Elgharib and CD Broadway Food Corporation was pulled for further evaluation.

On motion by Ms. Mayuga, and duly seconded by Mr. Arcuri and unanimously carried the meeting was moved out of executive session.

Section 104
Docket No.Name
CI 14-014 Union & Dixie, Inc.
CI 14-015 International Labor and Working Class History, Inc.

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

Discussion

The Board discussed the following topics:

  • Penalties
    • How to determine %
  • Court Reporters
    • Marking and entering exhibits
    • Word index
  • Interpreters
    • Certification
    • Purpose – For Board – No dialogue - Separation
    • Headphones
    • Professionalism
  • Pro Se Petitioners
    • Explaining DOL request
    • Give deadlines, during PHC
    • Be mindful of how you ask questions
  • Hearings
    • Remain neutral, impartial and fair
  • Post Hearing Process
    • Do not leave record open, if briefing set deadlines
  • Decision Writing and Review
    • Write in active voice
    • Use NY Style Manual
    • Read order to comply, make sure article applies, and look at time period to make sure
    • accurate law is applied
  • Deadlines
    • Submitting decisions for review for Board Meetings
  • Board Meeting Dates
    • Wednesday, December 17, 2014, Board Meeting in NYC, room D at 9:00 a.m.
    • Wednesday, January 28, 2015, Board Meeting in Albany at 10:00 a.m.
    • Wednesday, March 11, 2015, Board Meeting in NYC, room D at 9:00 a.m.
    • Wednesday, April 22, 2015, Board Meeting in Albany at 10:00 a.m.
    • Wednesday, June 3, 2015, Board Meeting in NYC, room D at 9:00 a.m.
    • Wednesday, July 15, 2015, Board Meeting in Albany at 10:00 a.m.

Adjournment

There being no further business, upon motion by Ms. Mayuga, duly seconded by Ms. Jackson and unanimously carried, the meeting was adjourned at 3:14 P.M.