Industrial Board of Appeals

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September 14, 2016

Call to Order

The regularly scheduled meeting of the Industrial Board of Appeals was held on September 14, 2016 by video conference from the Board’s regional office located in New York City and Syracuse, New York. The Board’s Chairperson, Vilda Vera Mayuga, called the meeting to order at 9:17 a.m.

Attendance

New York City

  • Vilda Vera Mayuga, Chairperson
  • J. Christopher Meagher, Member
  • Molly Doherty, Member
  • Gloribelle J. Perez, Member
  • Jean Grumet, Administrative Law Judge
  • Devin A. Rice, Counsel
  • Anne Hohenstein, Managing Attorney
  • Joshua David Riegel, Attorney
  • Jane M. Ipanaque, Secretary

Syracuse

  • 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 July 13, 2016, were approved.

Reports

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

Monthly Report
Title Jul-16 Jul-15 Aug-16 Aug-15 YTD-16 YTD-15
New Proceedings Commenced
Section 101 – Review Petitions 12 13 102
Section 27-A – Public Employer Safety 2 3 12
Section 104 – Corporate Documents 1 1 15
Stay Applications 0 0 0
Total 15 39 17 39 129 294
Hearings Held
Total 5 17 8 13 100 112
Video Hearings Held
Capital District 0 0 0
Upstate 2 4 27
Downstate 1 1 16
New York City 2 3 57
Total 4 3 2 3 45 51
Hearings Scheduled/Not Held
Postponed 16 11 121 85
Resolved Prior to Hearing 8 6 122 107
Total 24 24 17 30 243 192
Board Resolutions
Total 43 81 0 0 244 309
Cases Closed
Section 101 40 277
Section 27-A 0 5
Section 104 2 9
Total 42 81 0 0 241 304
Interim Resolutions
Stay Applications 0 0
Interim Decisions 1 3
IBA Rules 0 0
Total 1 0 0 0 3 5

On motion by Mr. Meagher duly seconded by Ms. Doherty, and unanimously carried, the meeting was moved into executive session at 9:48 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 14-249 Chul Choi and Helin Mart Valet, Inc. (T/A Town Gourmet)
PR 15-048 Roseann Pisano and Debro Enterprises LLC (T/A Suds City Car Wash)
PR 15-116 Bhinda A. Multani A/K/A Multani (T/A BBQ Night & Fried Chicken)
PR 15-210 Konstantia Georgiadis A/K/A Dena Georgiadis and Despina Patouhas A/K/A Despina Georgiadis
PR 15-232 Costakis A. Constantinou and TDC Café Corp. (T/A Stargate Restaurant)
PR 15-272 Keith R. Kaplan and Flossboy Detail Inc. (T/A Middle Country Auto Spa)
PR 15-294 Kamal Abdallah (T/A Green Island Live Poultry Inc.)
PR 15-381 Genie Bumanglag-Taman A/K/A Genie Tamam and Glads45 Inc. (T/A Perla Restaurant)
PR 16-011 Kirti S. Ved a/k/a Kirtikumar Ved and Tri-State Candy Wholesale Inc.
PR 16-041 James Vazquez
PR 16-082 Emilio Citolo A/K/A Emilio Ballato and Ballatos Rest. Corp. (T/A Ballastos Restaurant)
PR 16-090 Cheong Kheng Ong A/K/A Michael K. Ong and Min Soon Lim and Chee Loon Cheng

On motion by Mr. Arcuri duly seconded by Mr. Meagher, and unanimously carried, the Resolutions of Decision for Settlements and approval of withdrawal of petitions were adopted.

Section 101
Docket No. Name
PR 14-170 Israel I. Berkowitz and NPI Manufacturing, Ltd. (T/A NPI Limited)
PR 14-283 Clifton J. Morello (T/A Iron Horse Beverage LLC)
PR 14-297 Rosario A. Masullo and R & G Masullo Inc. (T/A R and G Masullo)
PR 15-007 Alberto Baudo
PR 15-063 Charles Allen and Charosa Foundation Corporation
PR 15-137 Jimmy Illescas a/k/a Jamie Illescas and The New Tropical Deli 2 Inc. (T/A Tropical Restaurant)
PR 15-147 Kassim A. Hussein a/k/a Kassim A. Kuszin a/k/a Kassim Hussain d/b/a Green Valley Mini Mart
PR 15-220 Americo E. Pullini and Edward A. Pullini and Pullini Supsurface Contractors, Inc.
PR 15-334 Tatiana Ballakis and Carpio Organization, Inc. (T/A Caprice Café)
PR 15-335 Sarantis Ballakis
PR 15-372 Dov Greenbaum and Mold Pro Restoration Specialist LLC (T/A Mold Pro)
PR 16-060 Jimmy La (T/A Nails 4 U)
PR 16-072 Kya Jacobs
PR 16-081 Jianyu Yao and Yao’s Diner Inc.

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

Interim Decisions
Docket No. Name
PR 14-347 Rosa A. Mejia and La Nueva Cocina Restaurant, Inc. (T/A La Cocina Restaurant Inc.)
PR 15-401 Rosa A. Mejia and La Nueva Cocina Restaurant, Inc. (T/A La Cocina Restaurant Inc.)

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

Section 104
Docket No. Name
CI 16-015 Canastota Police Benevolent Association, Inc.
CI 16-016 188 Union Street Flats, LLC

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

Discussion

The Board discussed the following topics:

  1. Global new procedures
    • Cases where the Board receives correspondence from a party withdrawing the Order, the petition, or made on the record, will be placed on the Global Decision for approval during the following Board Meeting.
  2. Administratively closing cases
    • Only upon receipt of a fully executed Stipulation of Settlement or letter submitted by either party stating the matter is settled, the case will be administratively closed and the parties will be notified by letter.
  3. Redistribution of work for Board secretaries
    • With Meghan’s departure, Jane and Dana will start doing travel vouchers for all IBA staff and Board members.
  4. Disputing settlement agreements after petition is withdrawn
    • To be looked at on a case by case basis, but will likely be treated as a motion to re-open the hearing.
  5. Name spelling in petition vs order(s)
    • Hearing Officers will address during the pre-hearing conference and/or at hearing.
  6. Witnesses with disabilities
    • Hearing Officers may allow witness to state the oath on the record without raising right hand when dealing with a person with a physical disability. The Chairperson will inquire further on any relevant training for ALJ’s.
  7. Technology
    • The Board was directed to update their MS Outlook application using their new email address (first.last@industrialappeals.ny.gov) and same password login credentials to access email via DOL computer or Office 365.
    • The Chairperson discussed searchable decisions (Google) and the case management system.
  8. Motion pending (PES 16-004 CSEA)

On motion by Mr. Arcuri duly seconded by Ms. Mayuga, and unanimously carried, the meeting was moved out of executive session at 10:42 a.m.

Upcoming Board Meeting Dates and Locations

Adjournment

There being no further business, upon motion by Mr. Meagher duly seconded by Mr. Arcuri, and unanimously carried, the meeting was adjourned at 11:15 a.m.