Industrial Board of Appeals

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September 24, 2014

Call to Order

The regularly scheduled meeting of the Industrial Board of Appeals was held in New York City on Wednesday, September 24, 2014 at 12:20 P.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
  • Michael A. Arcuri, Member
  • Frances Abriola, Member
  • Wendell P. Russell, Jr., Counsel
  • Devin A. Rice, Associate Counsel
  • Jean Grumet, Administrative Law Judge
  • Jeffrey M. Bernbach, Executive Director
  • Dana E. DePass, Secretary for Albany office

Minutes

On motion by Ms. Jackson, duly seconded by Mr. Arcuri, and unanimously carried, the minutes of the previous meeting held on August 7, 2014, were approved.

Monthly Report

The monthly report for May, June and July 2014 reflecting activity as follows was reviewed and discussed.

Monthly Report
TitleAug-13Aug-14YTD-14
New Proceedings Commenced
Section 101 – Review Petitions 0 37 198
Section 27-A – Public Employer Safety 0 20 7
Section 104 – Corporate Documents 0 21 10
Stay Applications 0 0 0
Total 30 41 215
Hearings Held
Total 8 11 131
Video Hearings Held
Capital District 0 4 20
Upstate 0 0 11
Downstate 0 3 30
New York City 0 4 70
Total 2 3 54
Hearings Scheduled/Not Held
Postponed 0 21 130
Resolved Prior to Hearing 0 16 169
Total 20 37 299
Board Resolutions
Total 0 77 475
Cases Closed
Section 101 0 76 450
Section 27-A 0 0 10
Section 104 0 0 10
Total 0 76 470
Interim Resolutions
Stay Applications 0 0 0
Interim Decisions 0 0 5
IBA Rules 0 0 0
Total 0 1 5

On motion by Mr. Arcuri, duly seconded by Ms. Jackson, and unanimously carried the meeting was moved into executive session.

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 10-250 Jon R. Cromer and Kathy Gran and J.R.C. Productions, Inc. (T/A Productions East Video)
PR 10-362 Eric Thein and Panera, LLC d/b/a Panera Bread
PR 10-383 Patrick Ruppert and Amenia Nurseries, Inc.
PR 11-333 Rodolfo Meyo and Legacy Cleaners, Inc.
PR 11-356 Owen G. O’Reilly and Eamonn McDonnell and MC & O Masonry, Inc.
PR 12-053 Eran Aharoni and Best Value Wireless, Inc.
PR 12-112 Cooper Square Realty, Inc.
PR 12-129 Ann Alvarez and Manuel Castro and Solimar Restaurant Corp. (T/A Malaga Restaurant)
PR 12-133 Michael John Diamantis and Dimitra Diamantis A/K/A Tula Diamantis and Clinton Diner Inc.
PR 12-140 Alexandra Gogos and East Ridge Family Restaurant, Inc.
PR 13-001 Yahya Bayat and Horizon Gas, Inc. (T/A Delta Gas Station)
PR 13-017 Fred H. Blackburn, Jr.
PR 13-068 Mark Sacks
PR 13-071 Michael D’Aversa & Joseph D’Aversa and D’Aversa & Sons, Inc.
PR 13-076 Mohamed Jamal aka Mohammed Jamal and Linda Jamal and Courtesy Mart, Inc.
PR 13-080 Rezaur Raham and Ziz Restaurant, Inc., (T/A Ground Round)
PR 13-083 Audeh A. Hamden
PR 13-084 Raafat A. Mohammed, Sr., aka Raafat A. Mohamed, Sr.
PR 13-130 Anthony M. Boglino, Jr. and Premiere Pools and Construction, Inc. (T/A Premiere Pools and Spas)
PR 13-138 Kiran Patel and Atlantis Health Plan, Inc.
PR 13-139 Faran Karamat a/k/a Farham Karamat and Kramson Inc. (T/A Mobil on the Run)
PR 13-177 Mark Dunnett and Rosewood Commercial, Inc.
PR 13-187 Ivan Cerina and Phillip Gallagher and Aaron Lim and Town House Cast Stone & GFRC Inc. (T/A Town House Restorations)
PR 13-195 Brandon Resasco and Mark Resasco and Scott Marks Recruitment, LLC
PR 13-197 Angelo L. Stavropoulos and Kolpos Corp. (T/A The Peconic Bay Diner)
PR 13-208 Allen Perl and Star-Med, LLC
PR 13-210 Steven Melker a/k/a Steve Melker, Ira Tackel and Carpet Depot, Inc.
PR 14-065 Freddy A. Guzman and D & F Food Corp.
PR 14-098 Gloria Ran and Christopher Thomas and Securitas Security Services USA, Inc.
PR 14-105 Ann Jackson and The Madison Square Garden Company (T/A Madison Square Garden Associates, Inc.)
PR 14-125 Louis Giuffre (T/A Advanced Dynamics Integration, Inc.) also (T/A Lifeprotekt)
PR 14-126 Joseph Mori and VOIP Empire, Inc.
PR 14-127 Ronald Schacht and H. Schacht Electrical Supply, Inc.
PR 14-136 Tasos Yerolemou and CAS Custom Kitchens, Inc.
PR 14-139 Joseph DePinto and 7-Eleven, Inc.
PR 14-140 Ibtisam K. Bahri a/k/a Sam Bahri and Sam Bahri’s Steakhouse, Inc.
PR 14-154 United Parcel Service, Inc.
PR 14-181 Andriy Kharchenko Sr. and CCCP, Inc.
PES 14-007 Cabela’s Wholesale Inc.
PES 14-008 J &D Wolff’s Inc. D/B/A Family Fun Amusements

On motion by Ms. Jackson, 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 10-331 Howard Goldberg
PR 11-186 Petula Gianopoulos Sikiotis a/k/a Yiota P. Sikiotis
PR 11-196 Michael C. Prendimano and Quentin Medical Laboratory, Inc.,
PR 11-377 David Diamond and Secure Driving School, Inc.
PR 12-050 Vladimir Goldshtayn and Amish Bazaar, Inc. (T/A Amish Bazaar)
PR 12-064 Wajid Ali Bhatti and Mano’s Papaya, Inc.
PR 12-137 Joan Weaver and Shawn Weaver (T/A Foods & Frostings LLC) Also (T/A Foods and Frostings LLC)
PR 13-037 Edon N. Hadergjonaj and Decani, LLC (T/A Giorgio’s Pizza)
PR 13-110 Susan Kayne and Unbridled Racing Stable LLC
PR 13-204 Yudah Younger, Sr. and 2525 Contracting, Inc.
PR 14-047 Michael Crewell and Scott Crewell and Farmall Express LLC
PR 14-057 Onyebuchi O. Onuaguluchi a/k/a Emmanuel Onuaguluchi and Emstar Pizza Inc. (T/A Papa John’s Pizzeria)

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

Interim Resolution
Docket No.Name
PR 14-072 Sin-Tung Chan and Wan Zing Long

On motion by Ms. Jackson, duly seconded by Mr. Arcuri, and unanimously carried, the Interim Resolution of Decision, was adopted.

Section 104
Docket No.Name
CI 14-007 New York City Coalition of Operating Engineers, Inc.
CI 14-011 Igbo World Union USA Inc.
CI 14-012 Studentunion Inc.
CI 14-013 The Union Works, LLC

On motion by Ms. Mayuga, duly seconded by Ms. Abriola, and unanimously carried the above Resolutions of Decision, were approved.

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

Calendar

Forthcoming meetings were discussed and scheduled as follows:

  • Wednesday, November 5, 2014, Board Meeting at 10:30 a.m. in Albany
  • Wednesday, December 17, 2014, Board Meeting at 10:30 a.m. in NYC

Adjournment

There being no further business, upon motion by Ms. Mayuga, duly seconded by Mr. Meagher and unanimously carried, the meeting was adjourned at 4:05 P.M.