Industrial Board of Appeals

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October 28, 2015

Call to Order

The regularly scheduled meeting of the Industrial Board of Appeals was held by video conference on October 28, 2015 between the offices located at New York City, and Rochester, New York. The Board’s Chairperson, Vilda Vera Mayuga, called the meeting to order at 11:20 a.m.

Attendance

Albany

  • Vilda Vera Mayuga, Chairperson
  • J. Christopher Meagher, Member
  • Michael A. Arcuri, Member
  • Devin A. Rice, Associate Counsel
  • Jean Grumet, Administrative Law Judge
  • Anne Hohenstein, Esq.
  • Joshua D. Riegel, Empire Fellow
  • Dana E. DePass, Secretary for Albany Office

Rochester

  • LaMarr J. Jackson, Member

Minutes

On motion by Mr. Meagher, duly seconded by Mr. Arcuri, and unanimously carried, the minutes of the previous meeting held on September 16, 2015, were approved.

Monthly Report

The monthly report for July and Aug 2015 reflecting activity as follows was reviewed and discussed.

Monthly Report
Title September 2015 Year to Date 2015 Year to Date 2014
New Proceedings Commenced
Section 101 – Review Petitions 49 320
Section 27-A – Public Employer Safety 1 14
Section 104 – Corporate Documents 3 13
Stay Applications 0 0
Total 53 374 256
Hearings Held
Total 14 126 150
Video Hearings Held
Capital District 0 3
Upstate 6 30
Downstate 3 17
New York City 5 76
Total 7 58 61
Hearings Scheduled/Not Held
Postponed 11 96 140
Resolved Prior to Hearing 12 119 179
Total 23 215 319
Board Resolutions
Total 70 379 530
Cases Closed
Section 101 66 349
Section 27-A 0 10
Section 104 4 15
Total 70 374 524
Interim Resolutions
Stay Applications 0 0
Interim Decisions 0 5
IBA Rules 0 0
Total 0 5 6

The Board Stat Report, Case Status Report and Calendar were briefly discussed emphasizing that decisions need to be drafted promptly after receipt of transcript.

On motion by Ms. Mayuga, duly seconded by Mr. Arcuri, and unanimously carried, the meeting was moved into executive session at 11:25 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 14-018 Lynn Khanh Chung A/K/A Linh Chung
PR 14-176 Mukesh K. Sethi and Pomona Sethi Dental, PLLC
PR 14-202 Sanoy, Inc. (T/A Mademoiselle de Paris & Bonnie J).
PR 14-282 Curtis Stoltz and Beach Hill Cattle Farms, LLC (T/A Beech Hill Cattle Farm)
PR 14-332 Cristina McGinnis and Broadway Video Inc.
PR 14-342 Martin S. Tisoc and Lucia Tisoc and Marlu NY Corp. (T/A Coco Roco Restaurant)
PR 15-016 Sean B. Ramos (T/A Blue Glass)
PR 15-021 Anton Anton A/K/A Konstantines Anton, Athena Anton and Venerato Inc. (T/A Garden Café)
PR 15-038 Maria Isabel Freire A/K/A Isabel Freire and Carmen’s Restaurant Inc. (T/A Carmen’s Restaurant)
PR 15-041 Vincent Condello (T/A Old Fashion Bakery)
PR 15-067 Khalid Gondal and Paradise Decorators Inc.
PR 15-076 Ouibideh Allaham
PR 15-077 Dorrette A. Brown and Wholesome Goodness Market, Inc. (T/A Wholesome Goodness)
PR 15-083 Dushyant Gupta (T/A DS Tires)
PR 15-089 Paul C. Gambino and P.C. Consulting Management Corp. (T/A PC Consulting Management)
PR 15-093 Nikolaos C. Arvanitis and Rodos LLC (T/A Rodos Manufacturing Cabinets)
PR 15-108 George Forgeois and Vallat Inc. (T/A Café Noir)
PR 15-113 James Summers and Stephanie M. Rupple and JS Property Services, Inc. (T/A JS Commercial Cleaning)
PR 15-117 Shlomo Avital and Millennium Car Wash, Inc. (T/A Millennium Car Wash)
PR 15-123 Martin S. Tiscoc and Marcho Corp.
PR 15-166 Gurdyal Singh and Armstrong Grocery, Inc.
PES 15-006 The City of Buffalo Mayor Byron W. Brown

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 11-085 Joyce A. Santamaria and Zenker Corp. (T/A Empire State Karate)
PR 14-050 Evgeny A. Freidman A/K/A Gene Freidman A/K/A Evegeny A. Freidman and Millennium Taximeter Corp. (T/A Millennium Taxi Meter Shop)
PR 14-116 Franco Lamotta A/K/A Franko Lamotta and Cafe Amore of N.Y. Restaurant, Inc. (T/A Cafe Amore’s Pizzeria Ristorante)
PR 14-157 Angelo Georges and GR January Corp. (T/A Michael’s Restaurant)
PR 14-284 Douglas Hannant
PR 14-347 Rosa A. Mejia and La Nueva Cocina Restaurant, Inc. (T/A La Cocina Restaurant)
PR 15-005 Vito A. Defeo and Viajo’s, Inc.
PR 15-150 Menashe Newhouse
PR 15-152 Robert J. Greenman and Bob’s Collision & Customs
PR 15-155 Juan Cruz Veyta and Veyta’s Bakery Café Corp.
PR 15-160 Jameson Roofing Company
PR 15-162 Kathleen Olesko and Karen Card and One More Round, Inc. (T/A City Squire)
PR 15-194 Jabbar E. McDonald (T/A Best Kept Service)
PR 15-213 Michael Ricotta, Jr. A/K/A Mike Ricotta and Sam Bernstein (T/A Emmons Avenue Condominium) also (T/A Emmons Avenue Condominium/1 Rewe Street)
PR 15-227 Ruben Munet, Zenaida Munet, Ruben Munet, Jr., and Saint James Park Daycare Center Inc.
PR 15-263 Eitan Sror
Interim Decision
Docket No. Name
PR 15-180 Gabriela Bancescu
Section 104
Docket No. Name
CI 15-014 U.S.W.U. Local Labor-Management Corporation
CI 15-015 Johnson City Police Association Inc.

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

Ms. Jackson joined the meeting via video from Rochester, NY at 11:45 a.m.

Discussion

The Board discussed the following topics:

On motion by Ms. Jackson, duly seconded by Mr. Meagher, and unanimously carried, the meeting was moved out of executive session at 1:25 p.m.

Adjournment

There being no further business, upon motion by Mr. Meagher, duly seconded by Ms. Jackson, and unanimously carried, the meeting was adjourned at 1:30 p.m.