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Recent Board Decisions
 

February 2014
***Select docket number for text of full decision (pdf format)***
Docket Number
Date Issued
Case Name
Summary of Board Decision
02/27/14
Nicola Marzovilla and Valdome, Inc. (T/A iTrulli)
January 2014 decision modified to correct dates during which accrual of interest was suspended.
02/27/14
Claire Pogue and Alexander Pogue and Peak Performance USA, LLC (T/A The Epicurian)
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
02/27/14
Paul Vincent and CLH Enterprises, LLC (T/A Crooked Lake House)
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
02/27/14
United Parcel Service, Inc.
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
02/27/14
Rowland V. O’Malley II and The Town and Country Club (T/A Lockoport Town & Country Club)
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
02/27/14
Scott Morrell and Morrell Caterers of Lawrence, Ltd.
Petition dismissed where petitioner failed to appear at hearing.
02/27/14
Nicholas Ambatis
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
02/27/14
Joseph L. Maddi, MD and Joseph L. Maddi, Physician, P.C.
Motion to dismiss petition granted where petitioner’s sole argument was that the Board proceeding was subject to an automatic stay in Bankruptcy.
02/27/14
UBM Management Inc. (T/A United Building Management, Inc.)
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
02/27/14
Andrew Cortese and Cortese Construction, Inc.
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
02/27/14
Janie Jacobi
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
02/27/14
Vladislav Belenky and Vales Finishing Inc.
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
02/27/14
Beatrice Degliuomini & Inter-Metal Fabricators Inc.
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
02/27/14
Altagracia Oliveres and Jose Oliveres (T/A Alta-Joli Restaurant, Inc.) also (T/A El Rey Del Caridad Restaurant)
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
02/27/14
Rahman Arshad
Order revoked against individual where he testified that his involvement with the restaurant did not begin until after the claim period.
02/27/14
Hezi Torati and Torati Holdings LLC (T/A NSS Financial Services LLC)
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
02/27/14
Allan G. Zyller and Al & Anthony’s Patsy’s, Inc. (T/A Patsy’s Pizzeria)
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
02/27/14
Kevin Shields, Joe Murray and Emerging Image, LLC
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
02/27/14
Ji Sung Yoo and Kum Kang Inc. (T/A KumGangSan)
Petitioners failed to meet their burden of proving that DOL audit was unreasonable or invalid based on insufficient credit given for meals or meal periods.
02/27/14
Leo Tsimmer
Petition granted where individual proved that he was not an employer within the meaning of the law.
02/27/14
Kiran Lal and Kamini Lal and Bharat Shah and Smita Shah and East Village Farm & Grocery, Inc.
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
02/27/14
Benjamin E. Edic and Steven M. Edic and Technical Erectors, LLC
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
02/27/14
Jong Hak Choi (T/A Rosemary Farm)
Orders affirmed and modified where petitioner fruit stand had some payroll records but insufficient time records.
02/27/14
Henry Fuksman and Energy Solutions USA, Inc.
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
02/27/14
Damon Filli and Claverack Food Mart Inc.
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
02/27/14
Thomas J. Mulvi and Thomas J. Mulvi, Inc. (Avalon Academy)
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
02/27/14
Marco A. Tineo Espinal and Tineo Deli and Grocery Corp. (T/A Tineo Deli)
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
02/27/14
David Henriques
Petition dismissed where petitioner failed to appear at hearing.
02/27/14
Mark Woodruff and Robin Woodruff (T/A Woodruff Trucking)
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
02/27/14
Helen Bloomer and Aspire Programs Inc.
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
02/27/14
Douglas G. Rankin & Law Offices of Douglas G. Rankin P.C.
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
02/27/14
Stephen A. McKenna and Byrd’s Country Store Inc. (T/A Old Dock House)
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
02/27/14
Hok Chuen Ko and Lucky One Laundromat Inc.
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
02/27/14
Mohamed S. Abu Koush and Zahran S. Abu Koush and Tania and Leena LLC (T/A C-Town Supermarket)
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
02/27/14
137 7th Avenue Corporation
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
02/27/14
Guang Jun Li, Yong Shu Li, and Grand Sichuan NY, Inc.
Petition dismissed where petitioners failed to appear at hearing.
02/27/14
James Conway
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
02/27/14
Dong G. Shin and Young Kil Kim a/k/a Rich Kim and Yoga Oasis, Inc. (T/A Roastown Coffee)
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
02/27/14
Dave Van Heusen and Omar Cesar and Raeane South and United Parcel Service, Inc. and United Parcel Service General Services Co. (T/A UPS)
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
02/27/14
Zoila Armijos and Jinel Productions, Inc.
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
02/27/14
Joel Freund and J&F Renovations, Inc.
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
02/27/14
Margarito Gonzalez and La Canasta Bakery II Corp. (T/A La Canasta Bakery)
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
02/27/14
Pia L. Lieb (T/A Pia L. Lieb DMD PC)
Employee was entitled to be compensated for hours worked where employer knew or should have known that the employee worked those hours even if they were not on the time records.
02/27/14
Margaret Maginn (T/A Eating Disorder Associate)
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
02/27/14
Edward Fleury and Command Security Corporation
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
02/27/14
Sam Nassir and Nassir Mehran (T/A Heavenly Wood Floors, Inc.)
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
02/27/14
Giuseppe Iannucci
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
02/27/14
Samuel R. Etre, Jr. and Marc A. Etre and Robert S. Etre and Etre Associates, Ltd.
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
02/27/14
Moussa Toukou and Francine Toukou and Tiasa, Inc. (T/A Afrigenix)
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
02/27/14
Peter J. Sidote and Redeem Enterprises, Inc. (T/A Recycling in Communities)
Petition dismissed where petitioner failed to appear at hearing.
02/27/14
Chuan Ming Lin and Xiang X. Lin a/k/a Jerry Lin and Xiy Fang Lin and Yang Tai Inc. (T/A Chinese Buffet)
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
02/27/14
Joseph H. Hucko and Washington Street Partners, Inc. (T/A Washington St. Partners)
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
02/27/14
Fanny Chen a/k/a Li Fang Chen
Petition dismissed where petitioner failed to appear at hearing.
02/27/14
Evyn Block and Block Communications, Inc.
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
02/27/14
Long Xiu Zhao and Royal Bodywork Spa Corp.
Petition dismissed where petitioners were not named in the order and lacked standing.
02/27/14
Edmond H. Kleefield a/k/a Jean Luc and JL East LLC (T/A 103 Prime)
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
02/27/14
Edmond H. Kleefield a/k/a Jean Luc and Madame Tongs LLC
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
02/27/14
Ellen Gursky and Mark Gursky and Bindsell Associates, Inc.
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
02/27/14
Joseph P. Goldstein and Central Office Solutions, Inc.
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
02/27/14
Abdul Shamulzai and U.S. Tech System, Inc. (T/A Subway 38538)
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
02/27/14
George Ladas (T/A Hot Dog Heaven Harlem LLC) also (T/A Hot Dog Heaven)
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
02/27/14
George Ladas and 1145 Union Road, Inc. (T/A Seneca Texas Hots)
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
02/27/14
Baldomero Santos, Sr.
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
02/27/14
Samuel Friedman and Posh NY Events, LLC (T/A Posh NY & Co.)
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
02/27/14
Rochel Moskowitz
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
02/27/14
Svend E. Holsoe
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
02/27/14
394 Lincoln Place Owners, Inc.
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
02/27/14
Amin C. Gowani and new Friends Enterprises
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
02/27/14
Robert Miller and Robert Miller Associates LLC
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
02/27/14
Anthony Geraci and European Granite and Marble Corp.
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
02/27/14
Paul Vincent Morris and Marigrace C. Morris
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
02/27/14
Sharon Reed Coluccio and Savario S. Coluccio and Fleet Street International Haircutters, Inc.
Motion to dismiss untimely petition was granted.
02/27/14
Jamaica Business Resource Center
Petition dismissed where petitioner failed to amend the petition and comply with Board rules.
02/27/14
L. Vincent Testa and V Testa Consultants, Inc. (T/A Fix My PC)
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
02/27/14
Alla Petrovitskaya a/k/a Alla Petrovistsky and Yakov Khavin and Friendly Home Care Inc. (T/A Friendly Homecare Agency)
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
02/27/14
Bina Mistry (T/A Blossom Veil, LLC)
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
02/27/14
Fulton County Deputy Sheriffs’ Police Benevolent Association, Inc.
Certificate of Incorporation – Approved.
02/27/14
US-China Education Promotion Council, Ltd.
Certificate of Incorporation – Approved.
January 2014
***Select docket number for text of full decision (pdf format)***
Docket Number
Date Issued
Case Name
Summary of Board Decision
01/16/14
Nicola Marzovilla and Valdome, Inc. (T/A iTrulli)
Restaurant tip pool was improperly shared with head waiter who had meaningful management authority and wine steward who had limited service duties. Ref. Barenboim v Starbucks Corp., 21 NY3d 460 (Ct App 2013)
01/16/14
Ajay Sarin and 1508 Flatbush Supermarket, Inc.
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
01/16/14
Albert F. Schweitzer
Consolidated with PR10239 - Order revoked for individual petitioner where he was not an employer within the meaning of the Labor Law.
01/16/14
Sean Miles and Albert F. Schweitzer d/b/a Eats & Treats
Consolidated with PR10239: Order against Miles affirmed as default.
01/16/14
Seth Gross and Blue Mountain Chiropractic & Family Wellness P.C.
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
01/16/14
Eli M. Fischer and ChoicePaper Co., Inc.
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
01/16/14
East Shore Car Wash Inc. (T/A East Shore Car Wash & Detail)
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
01/16/14
Karl Geiger A/K/A Karl Richard Geiger and Geiger Roofing Company, Inc.
Order against roofing company for overtime hours not listed on time sheet affirmed where time records did not reflect time spent traveling to and from office to work site.
01/16/14
Rick Shmaruk
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
01/16/14
Joseph Rosetti
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
01/16/14
Shi Y on Chen and Anna Wang and Xiao Lu Zhuang A/K/A Xioping Lu Zhuang and New York Sign City Inc.
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
01/16/14
James D. Dunning, Jr.
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
01/16/14
Stafford Chevrolet
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
01/16/14
Randall Lane
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
01/16/14
Garry E. Bradhering and Chris Harris and Mapeasy, Inc.
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
01/16/14
Paul Haye and Slope Jamaican Patties LLC (T/A Christie’s Jamaican Patties)
Wage Order affirmed with regard to identified employees where employer did not have records or any evidence of hours worked; Penalty for retaliation affirmed but modified.
01/16/14
Diogenes Collado (T/A El Rey Restaurant)
Wage order modified where claimant did not testify and petitioner’s witnesses established evening hour when claimant finished working.
01/16/14
Nam Ju Jeong and Hae Suk Shin and Aburndale Sushi Corp. (T/A Pado Sushi)
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
01/16/14
Zeng Chao Pan
Order against individual revoked where he was not an employer within the meaning of the Labor Law.
01/16/14
Vito Giambanco and Dream Come True Farm Inc.
Wage Order affirmed where petitioner failed to present evidence to counter estimated of hours worked by employees.
01/16/14
Joe Tuchrello
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
01/16/14
D. James Sutton and Stephen Sutton Elhannon LLC and Foxcroft Nurseries, Inc.
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
01/16/14
Charles Day and Thomas Trigilo (T/A Hearshe Kemp LLC)
Petition dismissed where petitioners failed to appear at hearing.
01/16/14
Mastronardi, Antonio & United Transit Mix, Inc.
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
01/16/14
Rosana Araujo Rosa A/K/A Rosana Rosa Araujo
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
01/16/14
James E. Bush and Bush Communications, Inc.
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
01/16/14
Saad Abdullah and Falcons USA, Inc.
Wage Order modified to interest and penalties only where claimant testified that he was paid his wages the week before the hearing.
01/16/14
The Rev. Dr. C. Vernon Mason
Interim decision: Board grants DOL permission to amend orders to add an additional party.
01/16/14
Joaquin Turcios and Korona USA Holding Corp.
Wage and penalty orders affirmed where petitioner failed to prove that he did not suffer or permit the work of the claimants.
01/16/14
Sabri A. Ghalib d/b/a 167th Street Deli Grocery (T/A #1 Bronx Shop)
Petition dismissed where petitioner failed to appear at the hearing.
01/16/14
Keith Russell
Interim decision: Board grants DOL permission to amend orders to add an additional party.
01/16/14
Paul W. Harris and Paul W. Harris Funeral Home, Inc.
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
01/16/14
Ambush Alarm and Electronics, Inc.
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
01/16/14
Esther Rosenthal
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
01/16/14
Paul Sukjolinsky
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
01/16/14
S M L Sport Ltd. (T/A SML Sport LLC)
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
01/16/14
Janine M. Mastrantone and Matthew Mastrantone (T/A Garrison Stone Works)
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
01/16/14
Soliman A. Souweha and O&O Deli & Grocery
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
01/16/14
Eddy Mourad and LaPrincessa Fashions, Inc. (T/A LaPrincessa)
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
01/16/14
Ponciano Ferreras and RapidPartsPlus Auto, Inc.
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
01/16/14
Nicholas J. Angelis and Sunrise Pizza, Inc. (T/A Nick’s Pizza)
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
01/16/14
Abraham J. Betesh, 242 Lenox Avenue Holding LLC and Abeco Management LLC
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
01/16/14
Jon Newcomer and Burk St. John and HudsonPark Restaurant, LLC
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
01/16/14
William J. Bitetto and Barrier Beach Construction Corp. (T/A B & B Construction)
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
01/16/14
Petal A. Williams and Morris M. Leon (T/A W & L Day Care)
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
01/16/14
Hyun C. Seo A/K/A Michael Seo and Clean Structure, Inc. and CleanPort, Inc. (T/A CleanPort)
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
01/16/14
Mary Rubino and Atef Abbasi and On Top Tours NYC Inc.
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
01/16/14
Chun Il Cho and Mermaid Food Plaza Corp. (T/A Food Plaza)
Petition dismissed where petitioners’ address and phone number was no longer valid; appeal deemed abandoned.
01/16/14
Mendy Gorodetsky and Safety Lead Services Corp.
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
01/16/14
Avi Sharifi (T/A Viatto, Inc.)
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
01/16/14
Stephen A. Adeyinka and Association of Black Social Workers, Inc. (T/A ABSW Senior Citizen Center)
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
01/16/14
David W. McAlpine (T/A McAlpine Associates Architects P.C.)
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
01/16/14
Maria Mittermeier and Lil' Angels Academy, Inc.
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
01/16/14
Alexander Stepura and Alex York Furniture, Inc.
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
01/16/14
Anatoly Rosenthal and Brightstar Transportation Services Inc.
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
01/16/14
Frank Solana and Restore Once Inc. (T/A Servpro of Greater Smithtown)
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
01/16/14
Antonio Garcia A/K/A Antonio Vilchis and Edwin Rivera and Mexicosina Jackson Inc.
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
01/16/14
Victor Auto Mechanic Shop
Petition dismissed where petitioner failed to file an amended petition in accordance with Board rules.
01/16/14
Stuart Richner, Mekea Hurwitz, Brigid Barkley, Phyllis Steele, and Richner Communications, Inc. (T/A RCI Communications) also (T/A Primetime)
Interim decision: Board grants DOL permission to amend orders to add an additional party.
01/16/14
Chirag D Corporation (T/A Parish Mini Mart)
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
01/16/14
Gil Galili and Ouri’s Fruit
Petition dismissed where petitioner failed to file an amended petition in accordance with Board rules.
01/16/14
Ahmad Kakar (T/A Vinny’s Pizza and Pasta)
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
01/16/14
Fernando Paguay and Telmo Paguay and Paguay Construction Corp.
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
01/16/14
Jugdeep Singh A/K/A Jay Singh and Tax Genius, Inc.
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
01/16/14
Keith V. Provo
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
01/16/14
Chardean Chum and Golden Clothing LLC
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
01/16/14
Frank Pirolo and Affinita Security Group, Inc. (T/A Allegiance Security Group)
Petition dismissed where petitioner failed to file an amended petition in accordance with Board rules.
01/16/14
Christina DeLucia and Premier Supplies USA, Inc. (T/A Premier Supplies)
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
01/16/14
Rudy Rosenberg
Board lacks jurisdiction over petition of wage claimant to challenge Commissioner’s decision not to pursue claim
01/16/14
Gennuse G. Agbisit and Orient Pearl Construction LLC
Motion to dismiss untimely petition was granted.
01/16/14
Sonia Lewenberg
Petition dismissed where petitioner failed to file an amended petition in accordance with Board rules.
01/16/14
BVJ Bagel Corp.
Petition dismissed where petitioner failed to file an amended petition in accordance with Board rules.
01/16/14
NSC Wholesale Holdings LLC d/b/a National Wholesale Liquidations
Petition dismissed where petitioner failed to file an amended petition in accordance with Board rules.
01/16/14
Susan Simone and East Coast Embroidery Ltd.
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
01/16/14
Larry Bear and Port Answer LLC
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
01/16/14
Anthony Sotto and Vincent Sotto and Franklin Manchester (T/A The Inn at Fox Hollow)
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
01/16/14
Paul Gross and Wet Paint Knitwear, Inc.
Petition dismissed where petitioner failed to file an amended petition in accordance with Board rules.
01/16/14
Fire Department of the City of New York (EMS Battalion 40, 5011 7th Avenue, Brooklyn, NY 11220)
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
01/16/14
State University of New York, Stony Brook University
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
November 2013
***Select docket number for text of full decision (pdf format)***
Docket Number
Date Issued
Case Name
Summary of Board Decision
11/20/13
Jeffrey A. Sonenblum and Eric J. Levine and E J Associates of New York, Ltd.
Petition dismissed where petitioner failed to appear at hearing.
11/20/13
Richard Lorenzo and Lorenzo 1-Hour Cleaners, Inc. (T/A Lorenzo Dry Cleaners)
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
11/20/13
Efstathios Valiotis and 555 Prospect Associates LLC
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
11/20/13
Boris Portnov
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
11/20/13
David D'Amato and Buffalo Security Co., Inc.
Petition dismissed where petitioner failed to appear at hearing.
11/20/13
Sharon Rumley and Queens Comprehensive Perinatal Council, Inc.
Order for unpaid wages affirmed where employee's specific testimony regarding days worked and unpaid was credible.
11/20/13
Financial Recovery Center, Inc.
Petition dismissed where petitioner failed to appear at hearing.
11/20/13
Cheskel Berkowitz and HHCNY Inc. (T/A Staff Blue)
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
11/20/13
Moses Friedrich (T/A All in Once Chair & Party Rental Inc.)
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
11/20/13
Svetislav Jovanovic a/k/a Svetislav Jovanic and Autoprevoz Trucking Corporation
Wage Order affirmed where deductions for a security deposit for vehicle damage, training and worker’s compensation premiums were not legal.
11/20/13
Dimitri Gatanas (T/A All In One Chair & Party Rental Inc.)
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
11/20/13
Olanrewaju Lanre Olotu, Benjamin Hiwale and Albion Color Inc.
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
11/20/13
Olanrewaju Lanre Olotu, Benjamin Hiwale and Printing Methods, Inc.
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
11/20/13
Andrey Lepin and GVR Plus Inc.
Wage Order revoked where claimant failed to testify and wages were not due for minimal tryout time.
11/20/13
U.S. Security Associates, Inc.
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
11/20/13
Nelson Braff and Jody Eisenman and Peter Hoffman and PHD Capital Advisory Services, LLC
Petition dismissed where petitioner failed to appear at hearing.
11/20/13
Benjamin Hiwale
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
11/20/13
Sunrise Toyota, LP
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
11/20/13
Mark Barasch and Barasch Sound Studios LLC (T/A Sound Image)
Wage Order affirmed where video and sound engineers were not exempt creative professionals.
11/20/13
Richard Geist and Armynavydeals.com Corp.
Interim Decision: Petition dismissed of Petitioner who was added in Amended Order where he failed to file a signed petition in compliance with the Board rules.
11/20/13
Tsu Yue Wang and Lung Hua Lin and 2850 Broadway Restaurant, Inc. (T/A Tomo)
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
11/20/13
David D'Amato and Buffalo Security Co., Inc.
Petition dismissed where petitioner failed to appear at hearing.
11/20/13
William Goodhue and Dawn Til Dusk Café, LLC
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
11/20/13
Ivor Bascom and North Bronx Activities Center, Inc.
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
11/20/13
David D'Amato and Buffalo Security Co., Inc.
Petition dismissed where petitioner failed to appear at hearing.
11/20/13
Ruben Quisbe and Elys Quisbe a/k/a Cruz and Ruben Pizzas Inc. and R & Q Inc. (T/A Dominos Pizza)
Wage Order affirmed where claimant credibly testified that she worked under two separate names, one provided by the employer, and therefore, time cards under only one named did not accurately reflect hours worked and overtime.
11/20/13
Ivor Bascom and North Bronx Activities Center, Inc.
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
11/20/13
Chad T. Kester and Kester Law Service, Inc.
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
11/20/13
George Brot and Beta Business Products, Inc.
Wage Order affirmed since paychex payroll journal entry was insufficient to prove that claimant had been paid.
11/20/13
Benjamin Hiwale
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
11/20/13
Anthony Tiso (T/A Maratone Landscaping)
Petition dismissed where petitioner failed to appear at hearing.
11/20/13
Guillermo A. Araujo and Picardia Latina Corp.
Petition dismissed where petitioner failed to appear at hearing.
11/20/13
Matthew Johnson
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
11/20/13
Anthony J. Liucci and A.D.K.N. Consulting Inc. (T/A Old Field Mortgage)
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
11/20/13
Leonard Govern (T/A The Walton Reporter)
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
11/20/13
Suleika Rosario and La Poblanita Meat Market Corp. (T/A La Poblanita Grocery)
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
11/20/13
Solomon Neiman and H-B Management Services Corporation (T/A HB Management Corp.) also (T/A Concourse Rehabilitation & Nursing Center Inc.)
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
11/20/13
Erik A. Vilaghy (T/A The Computer Mechanic)
Petition dismissed where petitioner failed to appear at hearing.
11/20/13
Scott Wechsler and Pal Pool Service, Inc.
Petition dismissed where petitioner failed to appear at hearing.
11/20/13
Fugazy Transportation of Westchester, Inc. & Roy D. Fugazy
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
11/20/13
Dale Harris and Marcos Salas and Otis Thornton and Mark Bridges and Anthony Resnick and Uptown Chevrolet-Cadillac, Inc.
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
11/20/13
Perry Davis and Buckeyes Chicken, Inc.
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
11/20/13
Stacey Galante and Galante Agency, Inc.
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
11/20/13
Weinstein Wholesale Meats, Inc.
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
11/20/13
Derek Hennessey and Anytime Sewer & Drain Cleaning, Inc.
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
11/20/13
Fayyaz Khan and N.N.I. Enterprises Ltd.
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
11/20/13
Fayyaz Khan and N.N.I. Enterprises Ltd.
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
11/20/13
Benjamin Hiwale
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
11/20/13
Edward Chorzepa and Chorzepa Construction Corp.
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
11/20/13
Channah Etaat-Van Halem
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
11/20/13
Bion Barting and Farm to Chef LLC (T/A Basis Farm to Chef LLC)
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
11/20/13
Abdula Mothanna and Answer Alrasheedi (T/A Caz Mini Mart)
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
11/20/13
Douglas G. Ranking & Law Offices of Douglas G. Ranking P.C.
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
11/20/13
Frank Carvale & Clifton Hospitality Inc. (T/A Comfort Suites)
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
11/20/13
John A. Richardson (T/A J & J Richardson)
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
11/20/13
Rashmad Tjitra Widjaja and Wasabi Bedford Corporation
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
11/20/13
David B. Itzkowitz
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
11/20/13
Johnathan Wolfsohn and Wolfsohn Financial Services
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
11/20/13
Farhad Bokhour and Lend-Mor Mortgage Bankers Corp.
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
11/20/13
Frank Ottomanelli and s. Ottomanelli & Sons, Inc.
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
11/20/13
Viktor Vorfi and Side-by-Side Pizza & Burek Inc.
Untimely petition dismissed.
11/20/13
Reo Welding, Inc.
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
11/20/13
Denise Pliego and That's a Wrap and More Inc. (T/A That’s a Wrap)
Untimely petition dismissed.
11/20/13
Mwes Blas, Izak Blas, and Smarty of New York, Inc.
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
11/20/13
A.Alami Binani
Petition dismissed where petitioner failed to file an amended petition according to Board Rules.
11/20/13
Tiffany Lakness (T/A Atlantis Business Consulting)
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
11/20/13
Mary Timmes and NCA Scrap Metal and Rubbish Removal Company, Inc.
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
11/20/13
JNS Heating Service, Inc.
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
11/20/13
Thomas Kinkade
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
11/20/13
Sze Yin Lam and Rachel Tan and R.C.P.S. Hotel Inc.
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
11/20/13
Jose R. Manzano Jr. and GMD Construction, Inc.
Orders revoked and petition granted where parties agreed that petitioners were not the employers.
11/20/13
Lisa Pasmintuan (T/A New York College of Health Professionals)
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
11/20/13
Karen Pudetti and KJP Properties Inc. (T/A Luxe Salon, Span and Laser Center)
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
11/20/13
Board of Fire Commissioners, Cherry Grove Fire District
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
11/20/13
Nnewi Union New York Tri-State, Inc.
Application for Authority to Do Business in New York State – Approved.
October 2013
***Select docket number for text of full decision (pdf format)***
Docket Number
Date Issued
Case Name
Summary of Board Decision
10/2/13
Hipplito Minaya d/b/a Kenny Bakery
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
10/2/13
Washington Inventory Service (T/A WIS International)
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
10/2/13
Matthew C. Manfred (T/A BLSNE, Inc.) also (T/A BTLDV Inc.) also (T/A Betterliving of the Delaware Valley) also (T/A Betterliving Sunrooms) also (T/A Betterliving Sunrooms of Albany RBU) also (T/A Homeadvantage Home Improvements)
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
10/2/13
Mike Leary & Steven Black (T/A Convergence Marketing)
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
10/2/13
Olga Tskhovrebov and Andrae Tskhovrebov
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
10/2/13
Scott Leary and Papa Jake’s Inc.
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
10/2/13
James E. Rolls and Allentown Athletix Health and Racquet Club, Inc.
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
10/2/13
Andrew Andruszko and Peter Kay Auto Sales, Inc.
Order for sales commissions affirmed where employer failed to produce written commission agreement or all car purchase agreements in question.
10/2/13
Miosotis N. Cabrera and Rominel Peguero and Hecktor Cabrera a/k/a Sammy Cabrere and La Casa del Mofongo, Inc. (T/A Casa del Mofongo Bar & Restaurant)
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
10/2/13
Doris McCoy, Levada Felder and Eager to Serve, Inc.
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
10/2/13
Gennady Vladikin and American Style Finishing Corp.
Orders withdrawn and petition granted per request of Commissioner.
10/2/13
Michael Montaldi
Petition dismissed where petitioner failed to appear at hearing.
10/2/13
Charles DeMarco and Middle Village Diagnostic Imaging, P.C. (T/A Middle Village Radiology).
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
10/2/13
Wendy Barrett Fleming and The Village Scandal Productions LLC
Orders affirmed where petitioner failed to testify at hearing or present accurate time and payroll records.
10/2/13
Alexander Levy a/k/a Alexander Levitsky
Petition of individual named in order against numerous entities was granted and his name was removed from order where he was not an employer within the meaning of the law.
10/2/13
Bhagwanji Kunvarji and Haven Hospitality, Inc.
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
10/2/13
New Creation Fellowship of Buffalo (T/A Teddy Bear Child Care Center)
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
10/2/13
Boyd McCoy, Jr. and McCoy Enterprises, Inc.
Petition withdrawn with approval of Board.
10/2/13
David Green and Howard Goldberg and David Green Associates, Inc.
Interim Decision: Petitioners David Green and David Green Associates, Inc. have withdrawn their petition with approval of the Board. Proceedings will proceed with respect to Howard Goldberg only.
10/2/13
Narvel Benning (T/A Brady and Caruso LLC)
Petition dismissed where petitioner failed to appear at hearing.
10/2/13
Ofer Keynan, A&O Associates (T/A Ashkara Vegetarian Café)
Order affirmed where 4 of the claimants testified and employer admitted owing some wages and his testimony that records were stolen was not credible.
10/2/13
Michael P. Held and MTS Sewing Inc.
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
10/2/13
Juan Diaz and 191 Food Corp. (T/A Fine Fare Supermarket)
Order affirmed where evidence supported finding that claimant bagger was an employee of the grocery store and store failed to present evidence of the number of hours worked.
10/2/13
Walter Stuart and H&F Taxi, Inc. (T/A Stuart’s Taxi)
Wage Orders revoked where claimant testified that he was aware of posted vacation policy and that he mistakenly filed claim.
10/2/13
Haniff Bacchus Baksh and Academy Capital Corp.
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
10/2/13
USA Maintenance & Cleaning Corp. and Ulysses L. Layun
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
10/2/13
Paul Eicher (T/A CAC Wall Panels)
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
10/2/13
Brite Limousine International, Inc.
Order affirmed where driver of limousine company was determined to be an employee and not an independent contractor.
10/2/13
Carl S. Young and 425 West 250th Street Corp.
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
10/2/13
George Sukkarieh and American Landstar Transport Inc.
Order for one week’s wages affirmed where petitioner had no direct evidence that claimant did not work. Civil penalty for 200% based on prior violation was revoked where there was no evidence of a prior violation.
10/2/13
Zinov Shelton and Loraine Z Ltd.
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
10/2/13
Steven S. Rampersaud and Best Clean Laundromat, Inc.
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
10/2/13
Basabati Sanogo and Karas Organic Bread Inc. (Kara’s Artisan Bakery)
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
10/2/13
Frank Battaglia & Eastchester Meat Market, Inc. (T/A Battaglia’s Meat Market)
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
10/2/13
Ronald Suhanosky Jr.
Individual consultant was not an employer within the meaning of the Labor Law.
10/2/13
Jay Baranker and USI Services Group, Inc.
Order for vacation wages affirmed where employer failed to meet its burden of showing that its policy was in writing or posted.
10/2/13
Michael Collette
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
10/2/13
Kelly Jamison (T/A Accuracy Painting) also (T/A Jamison Construction)
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
10/2/13
Lauren S. Brenner and Pure Power Boot Camp Inc.
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
10/2/13
Colville Ivor Bascom and North Bronx Activities Center, Inc.
Orders modified per agreement of the parties.
10/2/13
John Janczewski (T/A Energy Experts)
Petition dismissed where petitioner failed to appear at hearing.
10/2/13
Yigal-Azrouel Inc.
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
10/2/13
Gennaro Festa Sr. a/k/a Germano Festa, Sr. a/k/a Jerry G. Festa, Sr. and Falcon Development Group, Inc.
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
10/2/13
Scott Boerckel and Darci Boerckel and East Coast Dormer Inc.
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
10/2/13
Landscapes by Northeast Construction Corp. (T/A Coastal Designs)
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
10/2/13
Giacomo Pata and Augusto Palmieri (T/A Portofina Ristorante)
Petition dismissed where petitioner failed to appear at hearing.
10/2/13
Sarah Corson a/k/a Sai Corson and Sai Corson Studios LLC (T/A Super Food Citizen Café)
Petition dismissed where petitioner failed to appear at hearing.
10/2/13
Nasir Sassouness (T/A Sasson Realty Management)
Petition dismissed where petitioner refused to participate at hearing after request for adjournment was denied.
10/2/13
Teahyun Kim and Daejin Hwang and IDS Trading, Inc. (T/A IDS) also (T/A Ilkun Design Studio) also (T/A Integrity Design Service)
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
10/2/13
Linda Rocchio and Tiny Tykes Child Care Center, Ltd.
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
10/2/13
Denise Svendsen and Shapes and Colours Day Spa, Inc.
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
10/2/13
Theodore Arena & Arena Lawn & Landscape Services, Ltd.
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
10/2/13
Deborah Edwards & Saudi Arabian Airline Corp.
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
10/2/13
Hobie Garb and Lindenhurst Auto Service Center LLC
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
10/2/13
Modern Construction of NY, Inc.
Petition dismissed where petitioner failed to appear at hearing.
10/2/13
Cynthia R. Fellows
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
10/2/13
Boguslaw M. Kaczor and Denton Stoneworks, Inc. (T/A Denton Stone)
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
10/2/13
Glen Scuderi and ARC Roofing Construction Corp.Glen Scuderi and ARC Roofing Construction Corp.
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
10/2/13
Alan Roitman and 62 West 85th Street Realty, LLC (T/A 46 West 85th Street Realty LLC)
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
10/2/13
Thomas O. Dodge
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
10/2/13
William Robbins and Rubberform Recycled Products, LLC
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
10/2/13
Christopher Swartz and Daniel Paterson and Jreck Stubs, Inc. (T/A Jreck of Geneva, LLC)
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
10/2/13
Ho Chan Choe and Town Gourmet Market, Inc. (T/A Town Gourmet)
Petition dismissed where petitioner failed to appear at hearing.
10/2/13
Robert Reitman and B. Reitman Blacktop Inc.
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
10/2/13
Edmund Namiotka Jr. and Carol Namiotka and Fast Eddie’s Inc. (T/A Nami’s Engraving & Awards)
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
10/2/13
Amber Berver Inc.
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
10/2/13
Donovan Holder and Pain Treatment Medicine of the Finger Lakes PLLC
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
10/2/13
Michael Szap and Kumax Corporation
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
10/2/13
Nathan Krivosheyev, Philip C. Gapud, and Daniel Victor
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
10/2/13
Darci DeMattteo and Say Cheese and Thank You, Ltd.
Orders revoked where petitioners had paid claim prior to issuance of order.
10/2/13
Peter A. Medaro and Baja Man Inc. (T/A Baja Man Inc.)
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
10/2/13
Eric M. Vincent
Orders modified to remove name of petitioner where wrong person was named.
10/2/13
Francine Fredella, MD
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
10/2/13
James P. Griffin and 54 Freedom Group Inc.
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
10/2/13
James Griffin and 5 Ledyard Ave., LLC
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
10/2/13
Mindi Shipman and Mindles Expediting
Petition dismissed where petitioner failed to file an amended petition according to Board Rules.
10/2/13
Fabiano Machado and USA Master Services Corp.
Petition dismissed where petitioner failed to file an amended petition according to Board Rules.
10/2/13
Gerald Goldstein (T/A Audio Visual Entertainment Inc.) also (T/A Avenue Records) also (T/A Far Out Productions)
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
10/2/13
Thomas C. Amendola and Ocean Bay Massage Therapy, P.C.
Orders revoked where wages were paid prior to the issuance of the orders.
10/2/13
Central Crossing, Inc.
Petition dismissed where petitioner failed to file an amended petition according to Board Rules.
10/2/13
Hasmuky Patel and 151st Street Dollar, Inc. (T/A Grand 99 Cents)
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
10/2/13
Jacek Robert Krakowiak (T/A JK Solid Construction)
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
10/2/13
City of New York Department of Juvenile Justice (Horizon Juvenile Center)
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
10/2/13
Nassau County, New York
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
10/2/13
Union Beer Distributors LLC
Certificate of Organization of Limited Liability Company – Approved.
10/2/13
Union Technology Corporation
Certificate of Incorporation – Approved.
10/2/13
International Association of Fire L3316 Town of Manlius
Certificate of Incorporation – Approved.
10/2/13
Union Literary LLC
Certificate of Authority to Form Limited Liability Company – Approved.
July 2013
***Select docket number for text of full decision (pdf format)***
Docket Number
Date Issued
Case Name
Summary of Board Decision
7/25/13
Roderick Kyle and Tahoco Logistics Inc. (T/A Tahoco Logistics)
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
7/25/13
Edward Globokar and Gloria Tribecamex, Inc. and J.A.I., Ltd., and 300 E. 5th St. Rest., Inc. (T/A Mary Ann's)
Order against restaurants for unpaid overtime affirmed but modified based on lack of employer records and testimony at hearing.
7/25/13
Steven Marchionda and International Group, LLC
Order for vacation pay affirmed where policy did not provide that employer could offset sick or holiday time used from vacation pay.
7/25/13
Angel Moina and Maria J. Moina and Napoleon Moina and La Posada Rest Inc., and Gaviota’s Restaurant and Sports Bar, Inc. and Tequila Song Corp.
Order against restaurant for unpaid overtime, liquidated damages, and 100% civil penalty affirmed but modified. Order for illegal deductions affirmed but modified where DOL estimate was based on arbitrary standard.
7/25/13
Angelo A. Gambino and Francesco A. Gambino (T/A Gambino Brothers Meat market Inc.)
Order for overtime affirmed where salary did not cover premium for overtime.
7/25/13
Salvatore LoDuca, Benedetto Loria, Anthony Casabianca, and Best Ray Pizza, Inc.
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
7/25/13
Abe Mendlowitz and Briarcliff Estates, LLC
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
7/25/13
Joy X. Liu and High Point Nails, Inc.
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
7/25/13
Konstantine Pavlov and Pavloff, Inc.
Wage Order modified where claimant failed to testify and petitioner's testimony that claimant did not work on the days in question was credible
7/25/13
Dae Hyeon Kim (T/A Crest Cleaners)
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
7/25/13
Ke Zheng Wang and Kanazawa, Inc. (T/A Taste of Tokyo)
Petition dismissed where petitioner failed to appear at hearing.
7/25/13
Marsha Cohen (T/A Marsha Cohen DDS)
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
7/25/13
Paul Orsi and Sentrex Security Systems, Inc.
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
7/25/13
Jason E. Kafer and Destiny 6 Enterprises, Inc.
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
7/25/13
Paul D. Kalstek d/b/a Wood-N-Ovations
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
7/25/13
Charles M. Coyle, Sr. and Mor, LLC
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
7/25/13
Rosario A. Cornejo (T/A Rosario Cleaning)
Wage Order affirmed where petitioner failed to meet her burden and her testimony at hearing was inconsistent.
7/25/13
Kenneth Fisher and Shannon Fisher and Fisher Concrete, Inc.
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
7/25/13
Harold Kuemmel and Creative Trucking Inc.
Petition dismissed where all notices to last known address on petition returned; appeal deemed abandoned.
7/25/13
Robbi Kumalo and Balidali Productions, Inc.
Petition granted where DOL acknowledged that claimant had received wages prior to the issuance of the Order to Comply.
7/25/13
Luis Garza and Platinum Builders of Central Florida, Inc.
Petition dismissed where petitioner failed to appear at hearing.
7/25/13
Faisal Z. Khan a/k/a David Khan and Burger Centric LLC
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
7/25/13
Christopher Wagoner (T/A Union Street Guest House)
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
7/25/13
David Chung and Sunshine Siding, Inc.
Petition dismissed where petitioner failed to appear at hearing.
7/25/13
Shin Po USA Corp.
Petition dismissed where petitioner failed to appear at hearing.
7/25/13
Qiong Zheng and Tai Hao Buffet Inc. (T/A Chan’s Buffet)
Petition dismissed where petitioner failed to appear at hearing.
7/25/13
Volodymyr Shkaraban and Julie Antonishin
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
7/25/13
Selena Chung, Ray Chung and Country Kitchen of Woodstock, Inc.
Petition dismissed where petitioner failed to appear at hearing.
7/25/13
Nina Schaeffer-Wolfe a/k/a Nina Wolfe and BTN Management Corp.
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
7/25/13
Mindy Braverman and Brookville Cabinetry & Millwork, Inc.
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
7/25/13
George H. Stephens III and Energy & Insulation Solutions, LLC
Petition dismissed where petitioner failed to appear at hearing.
7/25/13
Franklin First Financial Ltd.
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
7/25/13
Joseph Giardino and J. Giardino, LLC (T/A Ponderosa)
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
7/25/13
Antonio Casaccio and Mineo Foods, Inc. (T/A Tony's Famous Pizza)
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
7/25/13
Francis X. Casale, Jr. (T/A Law Offices of Francis X. Casale, Jr.)
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
7/25/13
Kevin Estaban and Gotham Gardens, LLC
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
7/25/13
Village of Atlantic Beach
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
7/25/13
Monica Gleberman
Untimely petition dismissed.
7/25/13
Susan Samuel and It Takes a Community to Raise a Child, Inc.
Untimely petition dismissed.
7/25/13
Tracy L. Spinuzza and Pino’s Pizzeria and Restaurant, Inc.
Untimely petition dismissed.
7/25/13
Aida Pagan a/k/a Eddie Pagan, Heriberto Pagan a/k/a Eddie Pagan, Enrique Cadena a/k/a Erick Cadena and Innoworks and Restoration Corporation
Untimely petition dismissed.
7/25/13
John Burton
Petition dismissed where petitioner failed to file an amended petition according to Board Rules.
7/25/13
Four Seasons Sunrooms of New York, LLC
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
7/25/13
John T. Ahern and Local 30 Operators Holding Corp. (T/A International Union of Operating Engineers Local 30)
Board approves the withdrawal of the Orders, without prejudice to either party.
7/25/13
Joseph Fazio and Ray Morales and Prime Staffing, LLC
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
7/25/13
Nat L. Hyman and The Hyman Companies, Inc. and Landau Inc. (T/A N. Landau Hyman Jewels) also (T/A Landau Jewelry)
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
7/25/13
Daniel B. Silver and Steven Cox and Duckie Brown Inc.
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
7/25/13
City of New York Administration for Children's Services
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
7/25/13
Village of Atlantic Beach
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
7/25/13
The Symphony, Opera and Ballet Employers Electronic Media Association
Application for Authority to Do Business in New York State – Approved.
7/25/13
Ontario County Police Benevolent Association, Inc.
Certificate of Incorporation – Approved.
June 2013
***Select docket number for text of full decision (pdf format)***
Docket Number
Date Issued
Case Name
Summary of Board Decision
6/12/13
George John Fahey III a/k/a John Fahey III (T/A John Fahey III Racing Stable LLC)
Petition dismissed where petitioner failed to appear at hearing.
6/12/13
Tomasz Wojtowicz and Tommy Transportation, Inc.
Trucker was employee and not independent contractor of trucking firm where the truck was owned by the firm and drivers had a duty to report in 2x a day and were subject to certain rules; $1000 deposit to cover potential damage to truck was illegal.
6/12/13
Marvin Milich
Order based on claim of housekeeper against homeowner was modified where housekeeper's testimony was not credible and homeowner provided a more accurate estimate of hours worked.
6/12/13
Steven Melker, Ira Tackel, and Carpet Depot, Inc.
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
6/12/13
Shlomo Ifergan and Shlomo Kobi and The New Shuk, Inc. (T/A The New Shuk)
Petition dismissed where petitioner failed to appear at hearing.
6/12/13
Shlomo Ifergan and The Shuk, Inc.
Petition dismissed where petitioner failed to appear at hearing.
6/12/13
Roslyn Rogers and Gothic Plastics LLC (T/A Gothic Plastics)
Order for overtime due to undocumented worker who worked under two names was upheld.
6/12/13
Clara Perez and Basil LLC
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
6/12/13
Benjamin Gaspard and McFay Contracting, Inc. (T/A Anopal, LLC)
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
6/12/13
Santos D. Soto and Burnside Beverage Center, Inc.
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
6/12/13
Dubi Zigelstein and Super Security Locksmith LLC
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
6/12/13
Xiang Chun Shao a/k/a Johnson Shao (t/A Pencheng Aluminum Enterprises Inc. USA)
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
6/12/13
Albert J. Srour and M&S Retail, Inc. (T/A El Mundo)
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
6/12/13
Eliza Potekhin and CNY Janitorial Services, LLC
Petition dismissed where petitioner failed to appear at hearing.
6/12/13
Chris Georgakopoulos d/b/a King Gyro Express (T/A Athens Famous Gyros)
Petition dismissed where petitioner failed to appear at hearing.
6/12/13
Mark E. Jennings and M.E. Jennings, Inc.
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
6/12/13
Steven Lehrhoff, Joseph Nolan, Keith Robinson, Chuck Mongelli, Mark Holloway and Perspective Studios, Inc.
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
6/12/13
Janke Kosikowski (T/A JB Construction also T/A Jack's Handyman Carpentry)
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
6/12/13
Pablo Rodriguez and 176 3rd Avenue Realty Corp.
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
6/12/13
James Donnelly and J&R Donnelly Contracting Inc.
Petition dismissed where petitioner failed to appear at hearing.
6/12/13
Irwin Horowitz and Invictus Industries LLC
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
6/12/13
Rosa Leyva and Eduardo Leyva and Alex Leyva
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
6/12/13
Esther Joffe and Joffe & Associates, Ltd.
Order withdrawn and petition granted.
6/12/13
Dong S. Whang (T/A The Dry Cleaners Times)
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
6/12/13
John Zia and Aryana of Schenectady, Inc. (T/A New York Pizza and Fried Chicken)
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
6/12/13
John Ventura
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
6/12/13
John Maxwell Enock and New YourGrocer, LLC (T/A YourGrocer.com)
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
6/12/13
Ronald P. Steffans, Jr. and WNY Home Pros, LLC
Withdrawal of Petition approved by Board.
6/12/13
Jerry W. Rule Jr. (T/A Blue Ridge Motel)
Withdrawal of Petition approved by Board.
6/12/13
Dubi Zigelstein and Enterprise Service Group, NY, LLC
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
6/12/13
Kraus Enterprises, Inc., The Kraus Organization LLC, Joseph M. Mayerhoff, and Barry Silverstein
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
6/12/13
Ronald Mongold and Global Industrial Services, Inc.
Petition dismissed where petitioner failed to amend to comply with Board rules.
6/12/13
Volkswagen of Schenectady, LLC
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
6/12/13
Joao Nobrega and Nobsan, LLC
Untimely petition dismissed.
6/12/13
Rocco Palmer and RJ Ritz Terrance, Inc.
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
6/12/13
Bestway Basement, LLC
Petition granted.
6/12/13
Ravshan Ishnazarov (T/A Logistics & Services LLC)
Untimely petition dismissed.
6/12/13
Karolina Zmarlak and Jesse Keyes (T/A Karolina Zmarlak, LLC)
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
6/12/13
Scott Forman and Sadelite Agency/MS Inc.
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
6/12/13
David Pelusio, Sr., Albert Pelusio, Thomas Pelusio, and Rochester Linoleum and Carpet Center, Inc. (T/A Rochester Linoleum & Carpet)
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
6/12/13
City of New York Department of Citywide Administrative Services
Notices of violations under Workplace Violence Prevention Act (WPVA) and regulations were upheld and the Board found that: (1) the Department of Labor had the authority to conduct inspections without an employee referral; (2) inspections under WVPA may be conducted under PESHA; (3) the regulations requiring a written policy evaluating risks of violence and the participation of employee representatives were reasonable.
6/12/13
City of New York Department of Parks and Recreation
Notices of violations under Workplace Violence Prevention Act (WPVA) and regulations were upheld and the Board found that: (1) the Department of Labor had the authority to conduct inspections without an employee referral; (2) inspections under WVPA may be conducted under PESHA; (3) the regulations requiring a written policy evaluating risks of violence and the participation of employee representatives were reasonable.
6/12/13
City of New York Department of Health and Mental Hygiene
Notices of violations under Workplace Violence Prevention Act (WPVA) and regulations were upheld and the Board found that: (1) the Department of Labor had the authority to conduct inspections without an employee referral; (2) inspections under WVPA may be conducted under PESHA; (3) the regulations requiring a written policy evaluating risks of violence and the participation of employee representatives were reasonable.
6/12/13
Fire Department of the City of New York
Notices of violations under Workplace Violence Prevention Act (WPVA) and regulations were upheld and the Board found that: (1) the Department of Labor had the authority to conduct inspections without an employee referral; (2) inspections under WVPA may be conducted under PESHA; (3) the regulations requiring a written policy evaluating risks of violence and the participation of employee representatives were reasonable.
6/12/13
City University of New York
Notices of violations under Workplace Violence Prevention Act (WPVA) and regulations were upheld and the Board found that: (1) the Department of Labor had the authority to conduct inspections without an employee referral; (2) inspections under WVPA may be conducted under PESHA; (3) the regulations requiring a written policy evaluating risks of violence and the participation of employee representatives were reasonable.
6/12/13
Stefanie A. Davis
Determination that Complainant was not retaliated against was revoked where it was unreasonable for DOL to conclude, based on its investigation, that the employer had a legitimate reason for its adverse action against Complainant.
6/12/13
Town of Deer Park PD
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
6/12/13
Workers Education Resource Committee Inc.
Certificate of Incorporation – Approved.
6/12/13
Broome County Sheriff’s Law Enforcement Officers’ Association Inc.
Certificate of Incorporation – Approved.
April 2013
***Select docket number for text of full decision (pdf format)***
Docket Number
Date Issued
Case Name
Summary of Board Decision
4/29/13
William C. Dow
Order for unpaid wages, commissions and vacation pay was affirmed based on claimant’s testimony and payment history.
4/29/13
Neil Fesette and Fesette and Fesette Realty, LLC
Order for medical expenses revoked where petitioner provided evidence that terminated employee was informed in writing that the health insurance was being terminated.
4/29/13
Maria Lasso and Jaime M. Correa, Sr., and Exceed Contracting Corp.
Drywall subcontractor who contracted for labor to install the drywall was a responsible employer where he supervised the workplace and had employees doing the same work.
4/29/13
James Sanicola and Renamarie Jewelers, Ltd.
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
4/29/13
Barbara Starowitz a/k/a Barbara Oginbene and John Starowitz and Star Growers Inc.
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
4/29/13
Megan Steffenhagen & Tebest, Inc. d/b/a Hooligan’s Sports Bar & Grill
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
4/29/13
Thomas Herrschaft and Golden Touch Transportation of NY, Inc.
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
4/29/13
Michael Cave (Consolidated with PR10345)
Petitioner was removed from order where there was no evidence that he directed or controlled claimant’s work in any way.
4/29/13
Deoraj Ramnauth and Scorpio Construction, Inc.
Order for unpaid wages upheld where employer failed to have any records but overtime deducted since the preponderance of the evidence established that no overtime was worked. Penalty revoked where only basis given was employer’s lack of cooperation and the evidence did not support such a finding.
4/29/13
Richard Cave and U.S. Wood, LLC (Consolidated with PR 10337)
Order for wages based on bounced checks was upheld even though claimant’s testimony re which checks were still owed was inexact where employer failed to have necessary records.
4/29/13
Zhao Yang Xia a/k/a Chao Yang Xia and Oi Lan Ho and Qiong Huan He and Xiang Yang Xia
Petitioner dismissed where petitioner failed to appear at hearing.
4/29/13
Lynne Perry
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
4/29/13
Nathaniel T. Levin and Dan-Lev Printing Corp. (T/A Minuteman Press of Lynbrook, New York)
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
4/29/13
Eugene Nifenecker
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
4/29/13
Avi Cohen and City Restaurant Equipment Corp.
Petition dismissed where petitioner failed to appear at hearing.
4/29/13
Michelle Parent and James P. Parent (T/A Nemo’s New England Seafood and Steakhouse Restaurant)
Petition dismissed where petitioner failed to appear at hearing.
4/29/13
Margaret Carmen Medina
Orders modified to remove petitioner’s name.
4/29/13
Kwang Ho Choi and 888 Dry Cleaners, Inc. (T/A Merit Cleaners)
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
4/29/13
Song Mi Yi and 97 Auto Moses Auto Repair, Inc.
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
4/29/13
Pjeter Vulaj and Veteti Corp.
Order amended to remove petitioner’s name.
4/29/13
Pravin Mascarenhas and Anil K. Amin and PAAM Group Inc. (T/A Nirvana)
Petition dismissed where petitioner failed to appear at hearing.
4/29/13
Bill Hollar and Pro Trait Title Services LLC
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
4/29/13
Terry R. Wood and Willow Run Foods, Inc.
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
4/29/13
Ambush Alarm & Electronics, Inc.
Board reopened decision dismissing petition for failure to file an amended petition.
4/29/13
William J. Johnston
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
4/29/13
Melvin Peltz
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
4/29/13
Eric Bauman and Neil Bauman (T/A Ebaum Food)
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
4/29/13
Double R. Entertainment, LLC (T/A Rick’s Tally Ho)
Petitioner may not raise issues already decided in prior order where order was amended to comply with Board’s prior decision.
4/29/13
Gloria Wise Community Center Inc.
Reconsideration of case granted where Board mistakenly opened a new file for an amended petition. Case will proceed under PR 12193 and this case will close.
4/29/13
Susan Henner and Susan B. Henner, Attorney at Law PLLC (T/A Susan Henner)
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
4/29/13
Theresa A. Schwartz a/k/a Theresa Lombardo and The Bates Bagel Club, Inc.
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
4/29/13
Morris M. Faitelewicz
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
4/29/13
Scott D. Cicero
Petition dismissed where petitioner failed to appear at hearing.
4/29/13
Worker’s Educational Resource Committee, Inc.
Certificate of Incorporation – Approved.
4/29/13
Worker’s Center of Central New York, Inc.
Certificate of Incorporation – Approved.
March 2013
***Select docket number for text of full decision (pdf format)***
Docket Number
Date Issued
Case Name
Summary of Board Decision
3/20/13
Carmen Then and Julio Then and Luis Reynaldo Then and 602 Dan Meat Market Inc. (T/A Dan? Supermarket)
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
3/20/13
Zi Qi Chan a/k/a Zi Qi Chen and Jason Tong aka Zi Rong Tang and Henry Foods, Inc.
Order for payment of overtime wages affirmed but modified and remanded for recalculation where employer had no time and payroll records and admitted to owing some wages.
3/20/13
Ursula Clancy and Partners in Safety, Inc.
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
3/20/13
Kwangpyo Kim and Royal Cleaners LLC
Order against dry cleaner for unpaid wages and failure to provide meal period affirmed where employer? records were estimates of hours worked.
3/20/13
Guiseppe Joe Gaudesi and Prestige Interior Clean Up Inc.
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
3/20/13
Nicholas Salamone and Salamone Restaurants, Inc. (T/A Friar's Table)
Failure to notify Board of contact information after petitioner went out of business resulted in dismissal of petition where appeal deemed abandoned. Ref. Board Rule 65.4.
3/20/13
Sun Tok Lee and Star Beauty Supplies, Inc.
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
3/20/13
Kang Yeon Lee, New Epic, Inc. and Big Apple Development & O Construction, Inc.
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
3/20/13
John Chiaino and Advantage Diagnostics, Inc.
Petition dismissed where petitioner failed to appear at hearing.
3/20/13
Patrick McCarroll (T/A Living Floors)
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
3/20/13
Kenneth Ahrem
Owner of mortgage broker was individually liable as employer where he had the authority to control claimant even if it was not always exercised.
3/20/13
Dennis Bassat and The Altamont Program, Inc. (T/A Lemoyne Manor)
Petition dismissed where petitioner failed to appear at hearing.
3/20/13
Marc A. Chiffert and AEC Engineering Design & Construction Services PLLC
Wages and travel expenses due employee were reduced after hearing.
3/20/13
Fred Levinson, Frank Santoro and Levinson & Santoro Electric Corp.
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
3/20/13
Che Jun Shin
Petitioner's name removed from orders.
3/20/13
Gordon Douglas Building Services
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
3/20/13
Frederick Assani and Franklin First Financial, Ltd.
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
3/20/13
Timothy McCormack & Lisa M. Litts (T/A Galaxy Cafe)
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
3/20/13
Heidi Snyder and D&A Drug Co., Inc. (T/A Drug World Pharmacy)
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
3/20/13
Mary Lou Faust and Cortlandt Operating Co., LLC (T/A Crown Center for Nursing and Rehabilitation)
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
3/20/13
Gloria Wise Community Center Inc.
Petition dismissed where petitioner failed to file an amended petition as ordered by the Board.
3/20/13
Raymond Isaac and Isaac Heating & Air Conditioning, Inc.
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
3/20/13
Janice Razzano
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
3/20/13
Erie County Medical Center Corp.
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
3/20/13
Michael DiPietro
Petition for review of retaliation determination was dismissed where the Department of Labor voluntarily agreed to investigate further.
3/20/13
City of New York Taxi and Limousine Commission
Withdrawal of petition approved by Board.
February 2013
***Select docket number for text of full decision (pdf format)***
Docket Number
Date Issued
Case Name
Summary of Board Decision
2/6/13
TrustCo Bank Corp. NY (T/A TrustCo Bank
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
2/6/13
Communication Empire Corp. (T/A Blue Wireless)
Petition dismissed where petitioner? address and phone number were no longer valid; appeal deemed abandoned.
2/6/13
Robert Rubin
Financial advisor of company was not an employer where he did not hire, fire or control employees, or have an ownership interest in the company.
2/6/13
William A. Etter
Petitioner who was discharged in Bankruptcy no longer owed the wages but penalty debt remained.
2/6/13
Gander Mountain Company
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
2/6/13
John D. Givens and JDG Investigation, Inc.
Employer policy mandating a one hour deduction of time for lunch whether it was taken or not was illegal; petitioner? unrebutted credible testimony that claimant was fully paid satisfied burden.
2/6/13
Un Lin Wang and Yee Mei Fong Bakery Corp.
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
2/6/13
Ikram Essa Said and S.I. Wood Furniture Corp.
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
2/6/13
Herman Wagschal and Isaac Wagschal and NY Professional Drywall of OC, Inc.
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
2/6/13
Zhong Yue Yang and Lei F. Zhou and New Moon Nails, Inc.
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
2/6/13
Raymundo Carpio (T/A Numero Uno Shipping)
Petition dismissed where petitioner failed to appear at hearing.
2/6/13
Mathew Kim and MJ Management Enterprises Inc.
Petition dismissed where petitioner failed to appear at hearing.
2/6/13
Jay Daniels and White Star Trucking Line, Inc. (T/A White Star Trucking)
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
2/6/13
Thomas Rankin and Pactiv Corporation
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
2/6/13
Rob Cramer and One Source Maintenance Inc.
Petition dismissed where petitioner failed to appear at hearing.
2/6/13
William G. Todd
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
2/6/13
Leigh-Elizabeth Todd
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
2/6/13
Raymond Srour & 13th Avenue Bergament Home Center, Inc.
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
2/6/13
Rossana Bortone, Emilio Lamanna and Almar Supplies, Inc.
Interim Decision: Labor Department? motion for permission to withdraw and reissue orders to recalculate wages owed applying the Motor Carrier Exemption was granted.
2/6/13
Edwin Ernesto Avila and Roberto Rosa and Sogna Restaurant Corp. (T/A The City Tavern)
Motion to dismiss late petition was granted.
2/6/13
Galina Ayzenberg and NY Dentistry P.C. (T/A Down Town Dental Studio)
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
2/6/13
Vinnie E. Ficchi, Jr.
Petition granted and petitioner? name removed from Order.
2/6/13
Jay Gusler
Petitioner? claim of retaliation was dismissed where issue was thoroughly litigated in an arbitration relative to his discipline. Ref. Collins v New York City Transit Authority, 305 F3d 113 (2d Cir 2001).
2/6/13
Village of Tarrytown
PESH determination that village? violations were willful were upheld where village failed to take effective measures to prevent employees from entering permit-required confined spaces. Ref. 12 NYCRR 830.2(k); 29 CFR 1910.146.
2/6/13
ARISE RRG, Thomas J. Boorse, James Carberry, Keith D. Chabut, Gerald F. Cross, Frank Gagliardi, Samuel A. Goodwin, Robert J. Price, Raymond C. Snyder, William C. Wilke and Raymond Yuro.
Stipulation of settlement and withdrawal of petition approved by Board.
2/6/13
Tioga County Law Enforcement Association, Inc.
Certificate of Incorporation ?Approved.
December 2012
***Select docket number for text of full decision (pdf format)***
Docket Number
Date Issued
Case Name
Summary of Board Decision
12/14/12
Cliff Robinson Jr. and Robinson? Mechanical LLC
Petition dismissed where petitioner failed to appear at hearing.
12/14/12
Keith Woronoff and Katz? Furniture Corp. (T/A La-z-Boy)
General manager was not liable where an analysis of his duties did not come within the definition of employer.
12/14/12
Joseph Glebocki and Northeast Wholesale Supply, Inc. and Sussex County Sod Farms, Inc.
Petition dismissed where petitioner failed to appear at hearing.
12/14/12
Violetta Gladyshev and Edouard Gladyshev (T/A V & V Bulk Carriers, Inc.)
Petitioner? testimony was sufficient to support finding that claimant failed to perform the work for which he claimed nonpayment where claimant failed to testify.
12/14/12
Moshe Banayan and Fariborz Banayan a/k/a Aaron Banayan and Ahava of California, LLC (T/A North Country Manufacturing)
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
12/14/12
Linden Joseph Tudor and H.Q. Lounge Inc.
Wage Order based on an estimate of hours worked was affirmed where employer could not establish an ?ccurate estimate?of hours worked; tip allowances were not available where there was no record of tips however a tip credit based on an average claimed by claimants was given.
12/14/12
Mark Basile
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
12/14/12
Semen Kats and SK & Sons International Inc. (T/A Belarus)
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
12/14/12
Lorraine Yarde (T/A bioMETRX)
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
12/14/12
Arthur V. Coppola, Jr. and Allbrand Commercial Windows & Doors, Inc.
Determination of whether commissions were owed and how much was due was determined by interpreting the contract; profitability of contract assumed where petitioner failed to introduce any evidence.
12/14/12
Sag Harbor Restaurant Corp. (T/A Spinnakers Restaurant)
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
12/14/12
Cem B. Alptekin and Preferred World Markets, Inc. (T/A Stone Direct)
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
12/14/12
Samuel Kurz and Central Park Plaza LLC
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
12/14/12
Joseph Rapisardi and Rapisardi Construction Corp.
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
12/14/12
Kee Chong Tan a/k/a Jeffrey K C Tan and JKT & Tan Inc. (T/A Wok & Roll)
Petition dismissed where petitioner failed to appear at hearing.
12/14/12
Mitchell D. Tawil
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
12/14/12
Murat Inan (T/A 241st Caf?estaurant)
Petition dismissed where petitioner failed to appear at hearing.
12/14/12
Care Plus of New York, Inc.
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
12/14/12
William J. Farrell (T/A William Farrell Stone Works)
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
12/14/12
Reverend Warren Meeks and Dr. Perdita Meeks d/b/a New Born Fellowship Church, Inc.
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
12/14/12
Charles Bloom (T/A Blooms Residence)
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
12/14/12
Richard Geist and Armynavydeals.com Corp.
Interim Decision: Board grants DOL permission to amend orders to include two additional parties.
12/14/12
Moshe Banayan and Fariborz Banayan a/k/a Aaron Banayan and Ahava of California LLC (T/A North Country Manufacturing)
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
12/14/12
Perry Stuart and Joseph Stanza and Long Island Limousine Service Corp.
Petitioner failed to satisfy its burden of proof where payroll records were submitted for the first time at hearing and the records were incomplete and inconsistent with testimony.
12/14/12
Ambush Alarm & Electronics, Inc.
Reconsideration of decision denied where petitioner failed to apply in a timely manner.
12/14/12
Joseph Ennis
Interim Decision: motion to dismiss petition as untimely denied.
12/14/12
David D. D?mato and Buffalo Security and Investigation, LLC
Motion to dismiss untimely petition was granted.
12/14/12
Leroi and Associates
Petition dismissed where petitioner failed to file an amended petition according to Board Rules.
12/14/12
David Ring
Interim Decision: motion to dismiss petition as untimely denied.
12/14/12
Qui Ying Chen
Petition granted and order modified to remove petitioner? name.
12/14/12
Sunilda Henriquez and Alex Restaurant/Cafeteria, Inc. (T/A 27 De Febrero Restaurant)
Petition dismissed where petitioner failed to file an amended petition according to Board Rules.
12/14/12
Aubrey O. Lewis and Agnes O. Lewis a/k/a Agnes Remington (T/A Lewis Medical Office)
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
12/14/12
Donald C. Piper Jr. and Piper? Transport Service LLC
Petition dismissed where petitioner failed to file an amended petition according to Board Rules.
12/14/12
Bruce Ricardo Bradshaw
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
12/14/12
F & W Concessions Inc. and Dennis Fraleigh (T/A Butcher Boys)
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
12/14/12
Daniel D. Parker and CoPar Construction, Inc.
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
12/14/12
Ernest G. Paragallo
Petition dismissed where petitioner failed to file an amended petition according to Board Rules.
12/14/12
Ernest G. Paragallo
Petition dismissed where petitioner failed to file an amended petition according to Board Rules.
12/14/12
Blossom South
Petition dismissed where petitioner failed to file an amended petition according to Board Rules.
12/14/12
Shirley Cook and Proenza Schouler LLC
Petition dismissed where petitioner failed to file an amended petition according to Board Rules.
12/14/12
Lisa Travis and Michael Travis and Zonies, Inc. (T/A Kalzonies)
Petition dismissed where petitioner failed to file an amended petition according to Board Rules.
12/14/12
James J. Melendez
Petition dismissed where petitioner failed to file an amended petition according to Board Rules.
12/14/12
Jim Killian a/k/a Jim Gillean and Mark Limousine International, Inc. and Mark Limousine LTD
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
12/14/12
Gary Smith and Tropical Associates, Inc.
Motion to dismiss untimely petition granted.
12/14/12
William Paluck
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
12/14/12
Ram R. Kissoon (T/A Rudy Trucking)
Motion to dismiss untimely petition granted.
12/14/12
World Auto Group, Inc. (T/A Auto World Kia)
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
12/14/12
Janice Razzano
Determination that petitioner was not subject to retaliatory action was reversed and remanded where business reason for reduction in petitioner? work hours needed further investigation.
12/14/12
Expo Union Corporation
Certificate of Incorporation ?Application dismissed without prejudice for failure to provide additional information.
12/14/12
Union Trade Wholesale Corp.
Certificate of Incorporation ?Application dismissed without prejudice for failure to provide additional information.
12/14/12
Public Union Corporation
Certificate of Incorporation ?Disapproved
12/14/12
Union Benefit Financial Services, LLC
Certificate of Incorporation ?Application dismissed without prejudice for failure to provide additional information.
12/14/12
United Writers Union
Certificate of Incorporation ?Application dismissed without prejudice for failure to provide additional information.
12/14/12
Don Bosco Workers, Inc.
Certificate of Incorporation ?Approved.
October 2012
***Select docket number for text of full decision (pdf format)***
Docket Number
Date Issued
Case Name
Summary of Board Decision
10/17/12
Yick Wing Chan and Wing Huang Restaurant Corp.
Order finding individual to be an employer under Article 19 of the Labor Law affirmed where evidence showed that individual sufficiently controlled the employees' conditions of employment. The fact that the individual employer was not present at the restaurant on a daily basis supervising the employees did not relieve him of liability. Refs: Herman v RSR Security Services Ltd., 172 F3d 132 [2d Cir 1999]; Donovan v Janitorial Services, Inc. , 672 F2d 528 [5th Cir 1982]; Carter v Dutchess Community College , 735 F2d 8 [2d Cir 1984]; Moon v Kwon , 248 F Supp 2d 201 [SDNY 2002].
10/17/12
Giovani Lake a/k/a Gemini Lake (T/A DVEIC/PR Consultants)
Claimant awarded wages even though petitioner denied employment where petitioner failed to carry burden of proof.
10/17/12
Leticia Walker (T/A Connelly Drywall LLC)
Construction subcontractor liable as an employer of alleged sub-subcontractors employees as matter of economic reality.
10/17/12
Leticia Walker (T/A Connelly Drywall LLC)
Construction subcontractor liable as an employer of alleged sub-subcontractors employees as matter of economic reality.
10/17/12
Patrick J. Madden and Madden Construction Co. Inc.
Outside salesman for home improvement construction company was an employee and was owed commissions.
10/17/12
Steven Klein and Steven Klein, M.C., P.C.
Vacation pay awarded one claimant who testified that she was never shown written vacation policy which called for forfeiture; claimant who failed to testify could not rebut petitioner's testimony that she was shown policy.
10/17/12
Sara Ozone and Rafoul Abouhamra, and Mosa Foirti and Ell & H Inc
Petition dismissed where petitioner failed to appear at hearing.
10/17/12
Rick Yoswein and Alpha Business Systems, Inc.
Petition dismissed where petitioner failed to appear at hearing.
10/17/12
Juliana Marcolinoi Junqueira (T/A JJ Home Improvement)
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
10/17/12
David Allen (T/A Advanced Data Systems)
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
10/17/12
Oleg Rabinovich and Globe Institute of Technology, Inc.
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
10/17/12
Barbara Durfee (D/B/A Durfee's Varrysburg Diner)
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
10/17/12
Javid Dal
Petitioner's name deleted from order per DOL request after hearing.
10/17/12
Harry Jensen and Insula Dom Skylights, Inc.
Petition dismissed where petitioner failed to appear at hearing.
10/17/12
William Dorvillier and Wm Dorvillier & Company, Inc. (T/A CGI Co.)
Petition dismissed where petitioner failed to appear at hearing.
10/17/12
Robert G. McLeod (T/A JMC Service & Sales) also (T/A Mr. Applicance of JMC)
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
10/17/12
Cynthia S. Videtti D/B/A Blue Martin Seafood Grille & Company
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
10/17/12
Brian S. Ofsie and Vanguard Funding, LLC
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
10/17/12
Svetislav Jovanovic and Autoprevoz Trucking Corp.
Interim Decision: Board grants DOL permission to amend orders to correct spelling of name.
10/17/12
Dr. Tiffany Aiello, M.D.,P.C.
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
10/17/12
Zen Chryi Yuan
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
10/17/12
Jay Endelson
Petition dismissed where petitioner failed to file an amended petition according to Board Rules.
10/17/12
Ann L. Heiderreich and Scott C. Shipley and Louis S. Jensen and Susan C. Kramer and Community Energy Service, Inc.
Petition granted and orders are withdrawn where payment was received.
10/17/12
Alan Luckman (T/A Capital A/V Systems)
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
10/17/12
Scott Perry and Carmella Sorto (T/A Bankers Life & Casualty Co.)
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
10/17/12
Joseph P. Lombardo and 102 Linwood Inc. (T/A Lombardo Funeral Home)
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
10/17/12
Joseph P. Lombardo and 102 Linwood Inc. (T/A Lombardo Funeral Home)
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
10/17/12
Catherine Poses and Eva's Decorating, LLC (T/A Eva's Design and Decorating)
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
10/17/12
GMA Mechanical Corp.
Petition dismissed where petitioner failed to file an amended petition according to Board Rules.
10/17/12
Christopher Long
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
10/17/12
George O. Caneda a/k/a Jorge O. Caneda (T/A Everything Goes Realty)
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
10/17/12
Nai-Ching Sun
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
10/17/12
Zen-Chyi Yuan a/k/a Zenia C. Yuan
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
10/17/12
Vladimir Lekhnovskiy and Modern Construction of NY, Inc.
Petition dismissed where petitioner failed to file an amended petition according to Board Rules.
10/17/12
David B. Itzkowitz
Reconsideration granted and Board's decision of July 16, 2012 is hereby revoked and the amended petition is hereby filed.
10/17/12
Iqbal Ahmed
Interim Decision: Orders amended to remove name of petitioner? wife listed as an aka
10/17/12
Susan Mampilly
Interim Decision: Orders modified to remove petitioner's name.
10/17/12
Parmod Jindal
Orders modified to remove petitioner's name.
10/17/12
City of New York Human Resources Administration
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
10/17/12
City of New York Human Resources Administration
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
10/17/12
Village of Colonie
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
10/17/12
Beer Union Ltd.
Certificate of Incorporation ?Approved.
September 2012
***Select docket number for text of full decision (pdf format)***
Docket Number
Date Issued
Case Name
Summary of Board Decision
9/10/12
Altour Service, Inc.
Mandatory gratuities which were billed to customers of a limousine company as gratuities and which customers believed to be for drivers, belonged to the drivers under Labor Law ?198-d and were not waived. Ref. Samiento v World Yacht, Inc., 10 NY3d 70 (2008)
9/10/12
Michael Wilson and Michael Wilson Realty, LLC (T/A WNY Metro Wilson Realty)
Petition dismissed where petitioner failed to appear at hearing.
9/10/12
Ed Sawyer and Sunroom Additions, Inc.
Petition dismissed where petitioner failed to appear at hearing.
9/10/12
Martin Goonetilleke A/K/A Shawn Goonetilleke A/K/A Shanthipa Goonetilleke and Extraordinary DVD Video Corp. (T/A Extraordinary DVD & Video)
Order affirmed where petitioner? evidence that claimant did not work for him was not credible.
9/10/12
Kamal Khadr and 126 Bake Corp. (T/A Tasty)
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
9/10/12
Robert Reitman and B. Reitman Blacktop, Inc.
Order affirmed as modified to acknowledge that some wages had been paid to one claimant but otherwise petitioner failed to carry its burden of proof where there were no records.
9/10/12
Ompattie Ramnauth and Little Creative Minds Inc.
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
9/10/12
Richard Alpert and Manny? Cheesecake, Inc.
Petition dismissed where petitioner failed to appear at hearing.
9/10/12
Paul J. Montalto
Order revoked as to individual employer where he did not hire, fire, supervise or control payroll.
9/10/12
Apollo Steel Corporation (T/A Apollo Steel)
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
9/10/12
Josef Koniarz and Venus Construction Ltd.
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
9/10/12
Daniel Delisa and Champion Maintenance Contractors Inc.
Order modified but upheld where individual fit the definition of employer of all three claimants.
9/10/12
Patrick Hall (T/A Personal Best Personal Fitness)
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
9/10/12
Richard W. Wright and Seahag 2 Services
Petition granted where order was rescinded by department.
9/10/12
Rudolph Handel and East End Wine Cellars, LLC
Petition dismissed where petitioner failed to appear at hearing.
9/10/12
Neil Scheier and Armstrong Senior Living
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
9/10/12
Joel Spivack, Sally Spivack and Progressive Foot Care P.C.
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
9/10/12
Neil Scheier and Vienna Gardens, LLC
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
9/10/12
Henry Nieto and Empire City Electric, Inc.
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
9/10/12
Aslam K. Panjwani and 41-55 Main Street, Inc. and Cigar Warehouse Inc. and John #40, Inc. (T/A On the Luck)
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
9/10/12
Robert D. Sullivan and Thornberry? Restaurant, Inc.
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
9/10/12
Yerachmiel Moshe Singer and 660 Realty Properties, LLC
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
9/10/12
Mahesh Jani and NJDV Hospitality, Inc. (T/A Ramada Hotel & Conference Center)
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
9/10/12
Julie Stroka and Griddlefish Inc. DBA Canine Solutions By Invisible Fence
Petition dismissed where petitioner failed to appear at hearing.
9/10/12
Jacinto Abreau and Roseari Meat Market Inc. (T/A Super Extra Supermarket)
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
9/10/12
Sean Piasecki and Eastern Medical Support, Inc.
Order concerning vacation pay and insurance payments was valid where individual contract was signed despite contrary provisions in personnel manual. Order reimbursing claimant for cell phone charges was revoked where there was no evidence that there was any agreement.
9/10/12
Robert Thomas Agnew and LCL Chelsea Corp. (T/A Las Chicas Locas)
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
9/10/12
Guy Constantopoulos (T/A 7-Eleven Food Store #22644)
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
9/10/12
Walter Ramsey
Petition dismissed where petitioner failed to file an amended petition according to Board Rules.
9/10/12
William Thygesen (T/A Buffalo CDL Training Institute)
Motion to dismiss untimely petition granted.
9/10/12
Suzuki 112 USA LLC (T/A 112 Mitsubishi)
Motion to dismiss untimely petition granted.
9/10/12
Paul Gambino and P.C. Consulting Management Corp.
Motion to dismiss untimely petition granted.
9/10/12
Aldo R. Mosquera and H.A.B. Inc. (T/A Home Boys Auto Boutique)
Motion to dismiss untimely petition denied where there was improper service of the order and it is insufficient to mail one copy to two parties.
9/10/12
Carney J. Scott and Late Harvest LLC (T/A Bussaco)
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
9/10/12
Andrew B. Chase
Petition dismissed where petitioner failed to file an amended petition according to Board Rules.
9/10/12
Arthur Purville and Wayne Purville and Graphic Arts, Inc.
Petition dismissed where petitioner failed to file an amended petition according to Board Rules.
9/10/12
Danny Miller Jr. and Long Island Painting and Paper Hanging Inc.
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
9/10/12
David Bean and Jean Bean
Order amended to remove names of petitioners and petition granted.
9/10/12
U.S. Non Wovens Corp. and U.S. Nonwovens Corp.
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
9/10/12
Ruben Torres T/A Familia Torres General Contracting, Inc.
Petition dismissed where petitioner failed to file an amended petition according to Board Rules.
9/10/12
Suffolk County Police Department
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
9/10/12
Niskayuna Permanent Fireman? Association
Certificate of Incorporation ?Approved.
9/10/12
Association of Women Accountants in Real Estate, Inc.
Certificate of Incorporation ?Approved.
9/10/12
Muttontown Police Benevolent Association Inc.
Certificate of Incorporation ?Approved.
9/10/12
Commanding Officers?Association of the MTA
Certificate of Incorporation ?Approved.
July 2012
***Select docket number for text of full decision (pdf format)***
Docket Number
Date Issued
Case Name
Summary of Board Decision
7/16/12
Lewis A. Polsinelli, Jr. (T/A L & A Autobody and L & A Auto Center
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
7/16/12
Elhannon, LLC (D/B/A Elhannon Wholesale Tree Nursery)
Employees of tree nursery who also worked part of the week in employer? landscaping business doing work other than planting the nursery? trees were not exempt from overtime for that week under the agricultural exemption.
7/16/12
Xian Hua Qui d/b/a Wong? Kitchen
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
7/16/12
Donald Contreras and PC Construction Inc
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
7/16/12
Dr. Sabrina Shue and Dr. Joseph Ho and Advanced Solutions Pain Management, PLLC
Employer may not deduct salary advances from future paychecks even if employee signs over paycheck.
7/16/12
Karen M. Schimpf & Sew On ?Sew Forth, Inc
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
7/16/12
Enzo Palmeri and Hylan Bistro, Inc.
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
7/16/12
Jamil Uddin and Jamil MD Uddin and Techno International Corp. (T/A Green Cafe)
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
7/16/12
Jaynal Abdin and Mohammed B. Hague and Faleh Hamdam and Mariam Food Corp. (T/A Key Food Quality)
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
7/16/12
Vlademiro Santos
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
7/16/12
Manko Auatomotive Enterprises, Inc. (T/A Manko? Truck & Auto Repair)
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
7/16/12
DeGeorge Ceilings, Inc.
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
7/16/12
Maksym Lyushnenko (T/A TDJ & Max) also (T/A TDJ @ Max)
Petition dismissed where petitioner failed to appear at hearing.
7/16/12
Elena Stanciu and G & L Finishing Industry Inc.
Petition dismissed where petitioner failed to appear at hearing.
7/16/12
Carl P. Bonetto & Tabu of WNY, Inc.
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
7/16/12
Matthew Biagiotti, Terminal Millwork Inc. and TMI Properties LLC
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
7/16/12
Salvatore Giambanco and Carmine A. Ciccone (T/A Fabios)
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
7/16/12
Jongoon Kim and Pacific Foods (NY) Corp
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
7/16/12
Elido Torresp
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
7/16/12
Rafael E. Tavarez and 680 Franklin Grocery Corp. (T/A Brooklyn Deli)
Order withdrawn by the Department of Labor.
7/16/12
Oscar D. Etuk and Shore Line Medical Service, P.C.
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
7/16/12
Lewis A. Polsinelli, Jr. (T/A L & A Autobody and L & A Auto Center)
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
7/16/12
Adrian Tolbaru
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
7/16/12
United Refining Company of Pennsylvania (T/A Kwik Fill)
Withdrawal of petition approved by Board.
7/16/12
Alice Ault
Withdrawal of petition approved by Board.
7/16/12
Moshe Vardi, Joseph Vardi, Nizamudeen Mansoori and Vardi Gem Lustre, LLC
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
7/16/12
Michael Bergold (T/A Harbors Asset Construction)
Motion to dismiss untimely petition granted.
7/16/12
Jose R. Medina and 642 Vegs & Meat Corp. (T/A Met Supermarket)
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
7/16/12
Kyle Eric Norton and Norton Law Group, LLC
Petition dismissed where petitioner failed to file an amended petition according to Board Rules.
7/16/12
Reuven Enterprises, Inc.
Petition dismissed where petitioner failed to file an amended petition according to Board Rules.
7/16/12
Elite Dental Care, P.C.
Petition dismissed where petitioner failed to file an amended petition according to Board Rules.
7/16/12
Donald V. Pearce (T/A Affordable Home Improvement)
Motion to dismiss untimely petition granted.
7/16/12
137 7th Avenue Corporation
Interim Decision: Motion to withdraw and amend order to add new party was granted.
7/16/12
David B. Itzkowitz
Petition dismissed where petitioner failed to file an amended petition according to Board Rules.
7/16/12
Laraine Lia Castellano and Dennis Scialpi and Thomas Scialpi Jr. and United Bus Group, Inc. (T/A United Bus)
Interim Decision: Motion to withdraw and amend order to correct name of party and to add new party was granted.
7/16/12
Erasmo Espinal and J&E Meat corp. (d/b/a C-Town Supermarket)
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
7/16/12
Todor Stefan a/k/a Tom Stefan and North Star Knitting Mills Inc. (T/A North Star)
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
7/16/12
Melind Oza and Kaanam, LLC
Withdrawal of petition approved by Board.
7/16/12
Jay Gusler
Commissioner determination that verbal dispute at work did not give rise to general duty clause violation was affirmed.
7/16/12
Bricklayers & Allied Craftworkers Local 5 New York Realty Corporation
Amendment to Certificate of Incorporation ?Approved.
7/16/12
Screen Actors Guild ?American Federation of Television and Radio Artists
Application for Authority to do business in New York State ?Approved.
7/16/12
Washington County Deputy Sheriff? Police Benevolent Association, Inc.
Certificate of Incorporation ?Approved.
7/16/12
Herzliya Films, LLC (Union HZ)
Certificate of Assumed Name ?Approved.
7/16/12
Peekskill Police Superior Officers Association, Inc.
Certificate of Incorporation ?Approved.
May 2012
***Select docket number for text of full decision (pdf format)***
Docket Number
Date Issued
Case Name
Summary of Board Decision
5/30/12
Soraya Sampson and Urban League of Westchester County, Inc.
Employer may not make deduction from an employee? final wages for advanced vacation days; civil penalty revoked where testifying investigator did not know reason for penalty. Ref: Labor Law § 193.
5/30/12
George Muller and Ivan Muller and 615 Ocean Avenue Realty Corp.
Order finding building owners owed several months of unpaid wages to superintendent modified where petitioners produced records meeting their burden of proof to show that most of the wages had been paid.
5/30/12
Nick Malegiannakis and NSM Restaurant Corp. (T/A Michael? Diner)
Order finding petitioners paid waitresses less than minimum wage affirmed where in the absence of payroll records, petitioners did not meet their burden of proof, and the Commissioner? determinations and calculations were reasonable. Furthermore, it was reasonable for the Commissioner not to provide the petitioners a tip credit and meal allowance, where the petitioners did not keep records of tips earned and meals provided. Order finding the petitioners made illegal deductions from their employees?wages revoked where no evidence supported such order. Refs: 12 NYCRR 137-3.4 [c] [2009]; 12 NYCRR 137-3.8 [2009]; Bakerman. Inc. v Roberts, 98 AD2d 965 [4th Dept 1983]; Padilla v Manlapaz, 643 F Supp 2d 302, 310 [EDNY 2009].
5/30/12
Ruth Sullivan and TLC Moving & Storage, Inc.
Order awarding expense reimbursement revoked where petitioner proved that expenses were unnecessary and there was no agreement to pay; Wage Order reduced where petitioner proved some payment.
5/30/12
Eric Vahab and Audio Town Inc.
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
5/30/12
Mauricio Fernandez and 869 J. Meat Corp. (T/A Fine Fare Supermarket)
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
5/30/12
Jay Metz and Alicia H. Metz and Lauren Simmons and GRJH, Inc. (T/A Sunoco Queensbury)
Motion to dismiss case made after petitioner presented case at hearing was granted where petitioner failed to make a prima facie case.
5/30/12
Akihiko Hirahata (T/A Torigo Japanese Restaurant)
Order finding petitioner failed to pay overtime modified where evidence showed employees did not work as many hours as determined by the Commissioner. Petitioner, however, failed to prove that employees were paid an hourly rate, and Commissioner? determination that employees were paid a weekly salary was reasonable. Where employees were paid by a weekly salary, regular hourly wage rate is calculated by dividing the gross wages paid by the number of hours worked in a week. Overtime rate is one and one-half times the regular hourly rate. Refs: 12 NYCRR 137-1.3 [2009]; 12 NYCRR 137-3.5 [2009].
5/30/12
Rick Fiallo, Frank Marino, and FM Cleaning Inc. (T/A Maid Pro)
Order affirmed where petitioners?own records indicated that claimant worked more hours than were paid for.
5/30/12
Robert W. Oley, Jr. (T/A KPI Cleaning) also (T/A Karpet Partners Inc.)
Petition dismissed where Petitioner failed to appear at hearing.
5/30/12
Yomtov Kohen and Cool Jeans Ltd.
Petition dismissed where Petitioner failed to appear at hearing.
5/30/12
Michael L. Sanfilippo and CMJ Home Improvements, Inc. (D/B/A Superior Sealers)
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
5/30/12
Christopher M. Lambert and New York Private Investigation Services, Inc.
Petition dismissed where Petitioner failed to appear at hearing.
5/30/12
Myant J. Kyaw a/k/a Jeffrey Wu and Mon Chong Loong Trading Corp.
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
5/30/12
John Ciccarelli and Elaine Ciccarelli and Aero Central Clothing Inc.
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
5/30/12
Robert J. Ritter and Ritter & Associates, LLC
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
5/30/12
Brian D. Mejias and White Glove Transportation Services, Inc.
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
5/30/12
Brandon Philpart-Tyson and Maruti Corp d/b/a Ravel Hotel
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
5/30/12
Vincent T. Lombardo and Diana Hiotis and Peek-A-Boo Inc. (T/A Peek-A-Boo Adult Mega Store)
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
5/30/12
Richard W. Drake, Jr. and CornerStone Telephone Company, LLC
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
5/30/12
Joseph Parker (T/A Joe Parker Racing Stable)
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
5/30/12
Claudio Perfetto Enterprises Co., Inc.
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
5/30/12
Dervish Kraki and Besim Kraki and Turnpike Deli Bagels and Bakery Inc.
Wage order affirmed for one claimant but revoked as to wages due another claimant where all testimony indicated that claimant was never employed by petitioner.
5/30/12
Jose Castellanos
Interim Decision: Commissioner? application to withdraw order and issue new orders to correct error and name new party was granted.
5/30/12
Thomas Schneider and Jim Celli and TNT Transportation, Inc.
Order finding that petitioners owed wages to a dispatcher modified where petitioners produced records showing that some of the wages were paid.
5/30/12
Lewis Black and Fred Loe and The Mott Group, Ltd. (T/A The Mott)
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
5/30/12
Arik A. Dombe and Amtech Air Conditioning & Heating Inc.
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
5/30/12
Jae Kun Jung and Sik Young Kim and 158 W Food Corp. (T/A Times Deli)
Minimum wage order affirmed where petitioners did not produce credible evidence that employees were paid in accordance with Article 19, and where Commissioners determinations and calculations were reasonable. Order finding that the petitioners appropriated gratuities from service employees also affirmed, where evidence showed that credit card tips were pooled and shared with non-service employees in violation of Labor Law § 196-d. Refs: Labor Law § 196-d; Hartnett v. Wade-Mark Eleven, Inc., 156 AD2d 559 [2d Dept 1989].
5/30/12
William Robbins and Rubberform Recycled Products, LLC
Application for Reconsideration granted and decision of December 14, 2011 is revoked.
5/30/12
Perry Davis (dba Buckeyes Chicken)
Interim Decision: Commissioner? application to withdraw orders and issue amended orders to add corporation as a party.
5/30/12
Isaac Stein and Monroe Orthotics and Prosthetics Inc.
Motion to dismiss untimely petition granted.
5/30/12
Sonia A. Dixon (T/A Dixon Paralegal & Expediting Services, Inc.)
Motion to dismiss petition for failure to state a cause of action was granted where only ground alleged was financial hardship of petitioner.
5/30/12
Dustin DiMisa and Intercontinental Capital Group, Inc.
Motion to dismiss untimely petition granted.
5/30/12
Tam Phung , Jenny Phung and Mat Partners II, LLC (T/A South Acres Mobile)
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
5/30/12
Erasmo Espinal and J & E Meat Corp. (T/A C-Town Supermarket)
Withdrawal of Petition approved by Board.
5/30/12
Robert Shapiro
Commissioner determination that adverse employment action was not in retaliation for health and safety complaint was affirmed.
5/30/12
Engelke Farms, LLC
Motion to dismiss petition for failure to state a cause of action was granted.
5/30/12
Chautauqua County Gerace Office Building
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
5/30/12
Terryville Fire District
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
5/30/12
Eastchester Fire District
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
5/30/12
City of New York Department of Environmental Protection
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
5/30/12
Lindenhurst UFSD ?Lindenhurst HS
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
5/30/12
Rensselaer County
Withdrawal of Petition approved by Board.
5/30/12
Copiague Fire District
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
5/30/12
Amoseastern Apparel, Inc. (Huyton Union)
Certificate of Assumed Name ?Approved.
5/30/12
Security Officers and Drivers, Association Employed by the College of Saint Rose, Inc.
Certificate of Incorporation ?Approved.
5/30/12
HHC PBA Inc.
Certificate of Incorporation ?Approved.
March 2012
***Select docket number for text of full decision (pdf format)***
Docket Number
Date Issued
Case Name
Summary of Board Decision
3/29/12
Joseph Williams and Bronx Prospect Corp.
Petition dismissed where Petitioner failed to appear at hearing.
3/29/12
Paul Muller and Marcia Muller and Friendly Transportation, Inc.
Order for wages due to livery driver upheld as modified where employer had no records but wages adjusted based on claimant's testimony at hearing.
3/29/12
Mohamed Oummih
Order against individual affirmed as to one claimant and revoked as to the other where they worked at different times and individual only supervised and paid one of the claimants and not the other.
3/29/12
Nick Malegianniakis and NZM Restaurant Corp. (T/A Michael's Diner)
Order finding that petitioner retaliated against claimant revoked where date on order preceded filing of claim.
3/29/12
Dennis Brinkworth and Colter Bay Grill, Inc. (T/A Colter Bay Grill)
Petition dismissed where petitioner's address and phone were no longer valid; appeal abandoned.
3/29/12
John E. Jeffers and J.J. Maddens Inc. (T/A Buona Sera)
Wage Order for restaurant chef upheld where petitioner failed to prove chef was partner.
3/29/12
Nancy Solomon and John Ellertsen and Dorothy Jacobs and Long Island Traditions, Inc.
Wage supplements order on vacation wages was upheld where petitioner provided contradictory statements regarding contents of vacation policy.
3/29/12
Jerwaine Gorman and J. Gorman Investment Group, LLC (T/A Cold Stone Creamery)
Petition dismissed where petitioner failed to appear at hearing after he requested and agreed to the adjournment date.
3/29/12
E.R. Spada, II and the Digital Page, LLC
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
3/29/12
Ira Zimmerman and Precision Financial, Inc.
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
3/29/12
David White and Schonbek Worldwide Lighting Inc.
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
3/29/12
Shawkat Minhas and Minhas Properties, Inc. (T/A Berkshire Travel Lodge)
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
3/29/12
James Bovino and The Winthrop Corp. Inc.
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
3/29/12
Charles G. Smith and Nyckel City, LLC
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
3/29/12
Dr. Bruce Pinker
Petition granted and Board approves amendment of Orders removing petitioner's name.
3/29/12
Kim T. Tran and KT Nail, Inc. (T/A Design Nails Salon Inc.)
Petition dismissed where Petitioner failed to appear at hearing.
3/29/12
Arthur Wasserspring and Jeffrey Micheli
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
3/29/12
Martin Medina and Rachel's Tacqueria, Inc.
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
3/29/12
Martin Medina and The Original California Taqueria II, Inc. (T/A La Taqueria II)
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
3/29/12
Yakov Basmanov
Petition dismissed where petitioner failed to amend orders to state the reasons they were invalid or unreasonable.
3/29/12
Anuj T. Thukral and Anuj Rani Group, LLC (T/A Rani Spas)
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
3/29/12
Anuj T. Thukral and Rani Creations, Inc.
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
3/29/12
Anuj T. Thukral and Beauty with Herbs Inc.
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
3/29/12
Anuj T. Thukral and Anuj Acquisitions Inc.
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
3/29/12
Tripta R. Thukral and Ramesh K. Thukral
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
3/29/12
Anuj Thukral and Rani Creations Inc.
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
3/29/12
Anuj Thukral and Rani Creations Inc.
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
3/29/12
Anuj Thukral and Lovleen Herbal Inc.
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
3/29/12
Anuj Thukral and Herbal 2 Inc.
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
3/29/12
Anuj Thukral and Beauty with Herbs Inc.
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
3/29/12
Anuj Thukral and Rani Creations Inc.
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
3/29/12
Anuj Thukral and Rani Creations Inc.
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
3/29/12
Anuj Thukral and Beauty with Herbs Inc.
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
3/29/12
Farhat N. Qureshi and Brite Limousine International, Inc.
Interim Decision: Motion to dismiss late petition granted in part and denied in part based on service.
3/29/12
GMA Mechanical Corp., and Gina Yanucci
Application for reconsideration was granted and Decision dated September 9, 2011 was revoked.
3/29/12
Hezi Torati and Torati Holdings, LLC (T/A NSS Financial Services, LLC)
Interim Decision: Motion to withdraw and amend orders to correct spelling of name was granted.
3/29/12
Cheryl Joyles (T/A Madison Day Care)
Motion to dismiss untimely petition granted.
3/29/12
James Napolitano and Napolitano Brothers, Inc. (T/A The Eatery on North) also (T/A The Avenue Deli Cafe)
Motion to dismiss untimely petition granted.
3/29/12
Rejik Majtara and Universal Construction & Painting Corp.
Motion to dismiss untimely petition granted.
3/29/12
Stefan Hilderbrandt and Manfred Hilderbrandt and Rollo Mio, LLC
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
3/29/12
Paul Danko
Petition to review determination that petitioner did not suffer a retaliatory termination was denied where protected activity occurred 10 years prior and evidence of other misconduct supported termination so that the Department of Labor's determination was not unreasonable or invalid.
3/29/12
Women's National Basketball Players Association Inc.
Certificate of Incorporation - Approved.
3/29/12
Sheriff's Employees Association of Cayuga County
Certificate of Incorporation - Approved.
3/29/12
New York Civil Liberties Union Foundation, Inc.
Certificate of Incorporation - Approved.
January 2012
***Select docket number for text of full decision (pdf format)***
Docket Number
Date Issued
Case Name
Summary of Board Decision
01/30/2012
Tu Chin Lin and Wan Long, Inc.
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
01/30/2012
Alan Crowley and Teknex NY, Inc.
Orders affirmed where petitioner departed hearing after settlement offer was not accepted.
01/30/2012
Alejandro Celso Saavedra
Application for reconsideration of dismissal of petition for failure to appear at hearing denied .
01/30/2012
Anthony Bove and Above Construction Corp.
Orders affirmed where petitioner failed to prove he did not employ claimant.
01/30/2012
Shui Hing Chan
Petition dismissed where Petitioner failed to appear at hearing.
01/30/2012
Domenic Gatto and Atlantic Express Transportation Corp.
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
01/30/2012
James V. Carbone and JBNJ of New York, Inc. (T/A Video World)
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
01/30/2012
Ranjana Khan and Naeemuddin Khan and Phoenix Hand Embroidery, Inc.
Penalty for failure to register as an apparel contractor revoked where no evidence that petitioner had employees.
01/30/2012
Shireen Banu A/K/A Shireen Banu Mawani and Mawani Amjad A/K/A Mawani Amiad and Eagle Card & Gift, Inc.
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
01/30/2012
Anthony Pergola and Anthony's Custom Closets, Inc.
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
01/30/2012
Jin Rong Huang (A/K/A James Huang) and Dawn Fashion, Inc.
Motion to dismiss petition granted where petitioner failed to produce any evidence at hearing.
01/30/2012
Laura Harbour and Kal-Harbour, Inc. (T/A Harbour Roads)
Orders modified where claimant was not an independent contractor and was due minimum wage.
01/30/2012
Peter Durkin and R & R Services, Inc. (T/A Orange Heating & Air Conditioning) A/K/A Orange Heating & Central Air
Order for vacation pay upheld where office manager supported claimant's version of policy and petitioner failed to produce a written policy.
01/30/2012
Ralph Amoruso and Lawrence Amoruso A/K/A Lary Amoruso and Florio's Enterprises, Inc. (T/A Florio's Grill and Cigar Bar)
Petition dismissed where Petitioner failed to file an Amended Petition according to Board Rules.
01/30/2012
Carlos Espinoza and K & P Cleaning Co.
Cleaning company was liable for unpaid wages where it failed to proved that employment had ended.
01/30/2012
Iraj Abdekalimi and 2451 Broadway Market, Inc. (T/A Barzini's)
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
01/30/2012
Steve Goldstein and Compsolve of NY, Inc.
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
01/30/2012
Sanjiv A. Mody, Sachin A. Mody, and Bombay Kitchen Foods, Inc.
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
01/30/2012
Gary Ferone and Great Date Now Inc.
Petition dismissed where Petitioner failed to appear at hearing.
01/30/2012
Thomas Varughese
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
01/30/2012
Gene Kagan and Gender Bias Inc.
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
01/30/2012
Olga Tskhovrebov and Andrae Tskhovrebov
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
01/30/2012
Jerzy Zajaczkowski
Withdrawal of Petition approved by Board.
01/30/2012
John Navelli
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
01/30/2012
James T. Metz, Jr., Alicia H. Metz, Lauren Simons, and Hamilton Inc. (T/A Hamilton Restaurant)
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
01/30/2012
Steve Swartz
Petition dismissed where Petitioner failed to appear at hearing.
01/30/2012
Navelli Cadillac-Oldsmobile Pontiac-Buick-GMC, Inc.
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
01/30/2012
Stephen Egon Ludeke and Accent Maintenance Corp.
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
01/30/2012
Alternatives for Battered Women, Inc.
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
01/30/2012
Marie Cuoco
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
01/30/2012
Anis Hosein, Konstadionos Athanassulas, Ricky Beleno and Dugout Grill, Inc.
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
01/30/2012
Wang Law Office, PLLC
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
01/30/2012
Charles B. Park and Evergreen Gourmet Deli, Inc.
Petition dismissed where Petitioner failed to file an Amended Petition according to Board Rules.
01/30/2012
Olanrewaju Lanre Olotu and Benjamin Hiwale and Printing Methods, Inc.
Petition dismissed where Petitioner failed to file an Amended Petition according to Board Rules.
01/30/2012
Charles B. Park and Green Cafe, Inc.
Petition dismissed where Petitioner failed to file an Amended Petition according to Board Rules.
01/30/2012
Mary Ann Redding, Derek Dos Anjos and Girl Gangs, Inc.
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
01/30/2012
Kong Ming Lee, Fee Yin Lee and Blue Butterfly Fashion, Inc.
Interim Decision: Motion to strike certain items in the Demand for Bill of Particulars granted in part and denied in part and document demand limited.
01/30/2012
Michael DeRubertis (T/A DeRubertis Auto Services and Sales)
Petition dismissed where knee surgery did not excuse late filing.
01/30/2012
Pat Ruppert
Reconsideration granted, decision dated April 27, 2011 is revoked and Petitioner is directed to file an amended petition.
01/30/2012
John Donovan and Lilia Shevchuk (T/A Greenlight)
Motion to dismiss untimely petition granted.
01/30/2012
Raymond Srour
Withdrawal of order approved by Board.
01/30/2012
Mark S. Roseman
Order amended to remove Petitioner's name.
01/30/2012
John M. Marra and Long Island Emergency Services
Motion to dismiss untimely petition granted where petitioner filed his petition two months rather than 60 days after the orders issued.
01/30/2012
DIGU Corporation (T/A M & R Towing)
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
01/30/2012
Catherine Davis, Peter Roth, and All Boats, Inc.
Petition dismissed where Petitioner failed to file an Amended Petition according to Board Rules.
01/30/2012
Edward Lotruglio (T/A Edward Lotruglio Stables)
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
01/30/2012
Leonard Bauer and Pine Ave. Pizza Inc.
Petition dismissed where Petitioner failed to file an Amended Petition according to Board Rules.
01/30/2012
Jason Ellis and Cakes by Jay, Inc.
Motion to dismiss petition for failure to state a cause of action granted where only allegation concerned lack of funds and bankruptcy filing.
01/30/2012
Stephen E. Wilber & J.S. Wilby, Inc.
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
01/30/2012
Molly Hastings
Petition denied where petitioner failed to establish termination was retaliatory in violation of PESHA
01/30/2012
Mama Lor's Union Hill Cafe, Inc.
Certificate of Incorporation - Approved.
01/30/2012
National Association of FSA County Office Employees
Certificate of Incorporation - Approved.
December 2011
***Select docket number for text of full decision (pdf format)***
Docket Number
Date Issued
Case Name
Summary of Board Decision
12/14/2011
David R. Fenske (T/A AMP Tech and Design Inc. f/k/a AMP Technologies)
Individual, who was sole shareholder, officer of the corporation and signatory on paychecks, was liable as an employer for unpaid wages and civil penalties; but not liable for vacation pay where he was not the employer when the vacation pay was earned.
12/14/2011
Guardian Loan Company of Massapequa, Inc. (T/A Guardian Loan)
Employee handbook setting forth conditions for when a commission to a mortgage consultant is due and owing was controlling where instances where it was not followed were exceptions to the rule.
12/14/2011
Piotr Golabek and Amica Corp.
Construction workers were employees and not independent contractors of general contractor where he controlled the worksite; estimate of wages owed was adjusted downward.
12/14/2011
Jeana Weinrich and White Lightnin' Logistics, LLC (T/A White Lightnin' Logistics)
Petition dismissed where Petitioner failed to appear at hearing.
12/14/2011
Lorigo's Meating Place, Inc.
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
12/14/2011
Linford Hamilton (T/A D & L Groceries, Inc.)
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
12/14/2011
Kiernan J. Traynor and Kiernan J. Traynor P.T., P.C. (T/A Summit Sports & Spinal Physical Therapy)
Order finding that employee was owed one week's wages was affirmed where employer only produced ADP records which did not contain a record of hours worked.
12/14/2011
Kuem-Sil Kim & Ann's Rockville Center Nails, Inc. (T/A Star Nails)
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
12/14/2011
Lo Hsen Kuo and Five-Star Class Dancing Studio, Inc.
Order for unpaid wages and penalties affirmed where employer had no records and first denied employing claimant at all.
12/14/2011
Scott E. Johnson and Omnis Computers Supplies Inc.
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
12/14/2011
Dorothy Giorgianni and Jamaica Towing, Inc.
Order requiring the payment of employee's medical expenses where employer failed to notify employee when benefits terminated was affirmed.
12/14/2011
James Neimeier and Steven Dietz (T/A South Buffalo Charter School)
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
12/14/2011
Fernando Castaneda
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
12/14/2011
Allen Gutterman (T/A Response Sports Travel)
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
12/14/2011
Arthur Tanturri and Chelsea Fine Custom Kitchens
Petition dismissed where Petitioner failed appear at hearing.
12/14/2011
Mohamed Mahmow (T/A New Adirondack Construction)
Petition dismissed where Petitioner failed appear at hearing.
12/14/2011
G.R.J.H., Inc., Alicia Metz and Lauren L. Simons
Order adjusted where petitioners proved that some wages were paid; penalty order for failure to furnish records upheld where records were kept out of state and were not produced in New York.
12/14/2011
Heenam Bae A/K/A Hee Nam Bae A/K/A Henry Bae & Daekyung Bae A/K/A Dae Kyung Bae & Fancy Lexington Ave. Cleaners Inc. T/A Mme. Lucille Cleaner
Board's September decision clarified but otherwise reconsideration denied; petitioners' assumptions regarding speed of work was insufficient to provide an accurate estimate that would sustain their burden of proof.
12/14/2011
Aftabudeen Ahmad Edun (T/A Edun Variety Store)
Order revoked where petitioner proved that claimant was not an employee, in absence of claimant's testimony, despite lack of records.
12/14/2011
Agatha DiCarlo
Petition granted and petitioner's name is removed from order.
12/14/2011
Victor Abreu and Boro Diverse Construction, Inc.
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
12/14/2011
Jane Ruffin & Parlor, Inc. (T/A Jane Ruffin's Parlor)
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
12/14/2011
Melanie Hanna Roselli
Petition dismissed where Petitioner failed to appear at hearing.
12/14/2011
Dolgencorp of New York, Inc. (T/A Dollar General)
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
12/14/2011
Christopher Scaringe and CRS Automotive Corp.
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
12/14/2011
Park East Kosher Butchers and Fine Foods, Inc.
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
12/14/2011
Slawomir Ratomski
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
12/14/2011
Heritage of Amsterdam, LLC (T/A Chestnut Hill Apartments)
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
12/14/2011
Agustin Henriquez, Oscar Ortiz and American Maintenance 3 Janitorial Services and Supplies co. Corp. (T/A American Maintenance and Janitorial Services)
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
12/14/2011
Iqbal Zaidi (T/A Getty Gas Station)
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
12/14/2011
Gary E. Cohn (T/A Cameron Grill)
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
12/14/2011
Autoprevoz Trucking Corp.
July decision dismissing petition is revoked and case is reopened.
12/14/2011
Gabriel Rabinovich and G & L Ambulette Co., Inc.
Petition dismissed where Petitioner failed to file an Amended Petition according to Board Rules.
12/14/2011
Daval Parking Corp.
Petition dismissed where Petitioner failed to file an Amended Petition according to Board Rules.
12/14/2011
Maria Kodogiannis, Gus Kodogiannis and MJB Service Station, Inc. (T/A Exxon)
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
12/14/2011
Hedy Kodogiannis and Gus Kodogiannis and McGuiness Management Corp.
Board's decision dismissing petition is revoked per settlement and withdrawal of petition approved.
12/14/2011
NNI Enterprises Ltd.
Petition withdrawn with approval of Board.
12/14/2011
Jennifer A. Ames and West Side Pizza
Petition dismissed where Petitioner failed to file an Amended Petition according to Board Rules.
12/14/2011
Michael Wahid Hanna and Mandy Lam Hanna
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
12/14/2011
Abraham Weisel and Happy Home Funding, LLC
Commissioner's motion to withdraw orders was granted.
12/14/2011
JC Ann Cleaners, Inc.
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
12/14/2011
Leonard Lattanzio and A & L Services LLC
Motion to dismiss untimely petition granted.
12/14/2011
North Manhattan Construction Corp.
Petition dismissed where Petitioner failed to file an Amended Petition according to Board Rules.
12/14/2011
Lisa DiPinto and LCK Services Corp.
Petition dismissed where Petitioner failed to file an Amended Petition according to Board Rules.
12/14/2011
Central Staffing Services, Inc.
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
12/14/2011
Mercedes Marta Goris 7 Joseph Corp. (T/A Fine Fare Supermarket)
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
12/14/2011
Abdul Wahed Choski and Everything for a Dollar (USA) Inc.
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
12/14/2011
Ben Ami
Petition dismissed where Petitioner failed to file an Amended Petition according to Board Rules.
12/14/2011
Candy Tech LLC
Petition dismissed where Petitioner failed to file an Amended Petition according to Board Rules.
12/14/2011
Stacey Sosa and Tecton Cafe Inc. (T/A Estancia 460)
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
12/14/2011
Premium Capital Funding, LLC D/B/A Topdot Mortgage
Petition dismissed where Petitioner failed to file an Amended Petition according to Board Rules.
12/14/2011
Christos A. Mantzaris and Sophia Mantzaris and C & S Food Service Inc.
Petition dismissed where Petitioner failed to file an Amended Petition according to Board Rules.
12/14/2011
William Robbins and Rubberform Recycled Products, LLC
Petition dismissed where Petitioner failed to file an Amended Petition according to Board Rules.
12/14/2011
American Glory Restaurant Corp.
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
12/14/2011
John Barrett, Robert Kutleh, Eurest Services, Inc. and Kimco Facilities Services Corp.
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
12/14/2011
Ambush Alarm & Electronics, Inc.
Petition dismissed where Petitioner failed to file an Amended Petition according to Board Rules.
12/14/2011
Schweizer Aircraft Corp.
Petition withdrawn with approval of Board.
12/14/2011
Kevin Brazill
Petition withdrawn with approval of Board.
12/14/2011
City of New York Department of Environmental Protection Owls Head Wastewater Treatment Plant
Petition withdrawn with approval of Board.
12/14/2011
Jericho Fire District
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
12/14/2011
New York State Office of Mental Health (Hutchings Psychiatric Center)
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
12/14/2011
City of Long Beach
Petition withdrawn with approval of Board.
12/14/2011
Review of Modification of Abatement Date Granted to the City of New York Fire Department
Modification of Abatement Date by PESH upheld where no response to notice was filed. Ref. 12 NYCRR 804.7
October 2011
***Select docket number for text of full decision (pdf format)***
Docket Number
Date Issued
Case Name
Summary of Board Decision
10/11/11
RAM Hotels, Inc. (T/A Rodeway Inn)
Order for unpaid wages for husband and wife desk clerks at motel based on 91 hours of work per week upheld where employer failed to have records and testimony that they worked only 40 hours per week was not credible.
10/11/11
Prakash Hundalani and Sherry's Restaurant of NY (T/A Mi Nidito)
Order for unpaid wages due kitchen staff at restaurant, including unidentified employees, was affirmed. Commissioner of Labor may issue order based on its investigation, filing of wage claim is not required. Ref: Garcia v Heady, 46 AD3d 1088 (3d Dept 2007); Reich v Petroleum Sales, Inc., 30 F3d 654 (6th cir 1994)
10/11/11
Jerome Pollock and Velma B. Pollock
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
10/11/11
Stone Artist, Inc.
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
10/11/11
Anthony Giarletta (T/A Grill Beverage Barn) also (T/A GCG Beverage Corp.)
Order finding petitioner liable for overtime wages modified where petitioner proved that the claimant did not work the number of hours per week found by the order and where claimant was absent from the country for a period of time each year. Additionally, order imposing a civil penalty against the petitioner for failing to provide the claimant with a 30 minute meal period each shift was revoked where evidence demonstrated that the claimant did have a 30 minute meal period each month. Civil penalties for failure to provide wage statements and failure to keep required records reduced from $3,000 to $1,000 each because there was no proof of prior violations. Refs: Labor Law 218.
10/11/11
Zych Enterprises, Inc.
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
10/11/11
Mitchell Friedman (Work Location) Belmont Park
Petition dismissed where Petitioner failed appear at hearing.
10/11/11
Thomas Leishman and Mabel Moran's Restaurant Inc.
Petition dismissed where Petitioner failed appear at hearing.
10/11/11
David Juneau
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
10/11/11
Ralph Amoruso and Lawrence Amoruso A/K/A Larry Amoruso and Florio's Enterprises, Inc. (T/A Florio's Grill and Cigar Bar)
Motion for reconsideration was granted where dismissal was based on failure to amend the petition.
10/11/11
Jeffrey a. Heath and Landstone Search Crop. (T/A The Landstone Group) also (T/A Management Recruiter of Manhattan)
Order finding commissions due to executive recruiter revoked where petitioners met burden of proof to show that conditions set forth in commissions agreement for earning a commission had not been met by the claimant on the disputed transaction.
10/11/11
David J. Baron and Baron Auto City Inc. (T/A Baron Auto Mall)
Petition dismissed where Petitioner failed appear at hearing.
10/11/11
Dominick A. DeCicco and Antoinetta DeCicco and Baychester Supermarket Corp. (T/A C-Town)
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
10/11/11
Gregory J. DiPrima (Work Location) Belmont Park
Petition dismissed where Petitioner failed appear at hearing.
10/11/11
Keong Eui Schairer and Hanam Asset Acquisition, Inc. (T/A Brian Deli)
Petition dismissed where Petitioner failed appear at hearing.
10/11/11
Kelly Bok-Ja Lee and Kelly Nail Salon Inc.
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
10/11/11
Christopher Firenzi and Creative Construction & Home Improvements, Inc.
Petition dismissed where Petitioner failed appear at hearing.
10/11/11
Michael J. Innella and Chester Heights Enterprises, Inc.
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
10/11/11
Muktiar Ghuman Singh (T/A GP Soft Touch Car Wash)
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
10/11/11
Matthew Foglia and Gotham City Mortgage Corp.
Petition dismissed where Petitioner failed appear at hearing.
10/11/11
Robert Kutteh and Crothall Healthcare, Inc.
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
10/11/11
Davinder S. Makan and Makan Land Development-One LLC
Order for unpaid wages was affirmed where records were deficient and petitioner failed to prove employee was paid.
10/11/11
Spa 88 LLC
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
10/11/11
Moshe Mallul and City Mint Inc.
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
10/11/11
David Ishay
Motion to dismiss untimely petition granted.
10/11/11
Timothy Sorenson (T/A Ocean Contracting/ Dumpsters 4 Less)
Motion to dismiss untimely petition granted.
10/11/11
Bickram Singh
Motion to dismiss untimely petition granted.
10/11/11
Pjeter Vulaj and Veteti Corp
Interim Decision: Motion to dismiss untimely petition denied where individual petitioner was served at home address. Ref: Labor Law 33.
10/11/11
Ramdat K. Harihar and R & C Apparel Corp.
Motion to dismiss untimely petition granted.
10/11/11
Victor Qubrusi
Motion to dismiss untimely petition granted.
10/11/11
Hezi Torati and Torati Holdings, LLC (T/A NSS Financial Services, LLC)
Interim Decision: Motion to withdraw and amend orders granted.
10/11/11
Eric Forte and Prudential Borrowing, LLC
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
10/11/11
Herbert Robertson
Interim Decision: Motion to amend Article 19 wage order to remove petitioner's name granted.
10/11/11
Jason S. Gross and Corporate Security Installations, Inc.
Motion to dismiss untimely petition granted.
10/11/11
Sean DePew (T/A The Dolomon Organization LLC)
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
10/11/11
Home Depot U.S.A.
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
10/11/11
Cynthia Lake
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
10/11/11
Adam Crown
Resignation from volunteer Fire Department under threat of discipline and criminal charges was adverse action in retaliation for voicing health and safety concerns. Ref: Labor Law 27-a (6) (c)
10/11/11
Local 12 Union Advancement Fund, Inc.
Certificate of Dissolution - Approved.
10/11/11
United Laundry Association, Inc.
Certificate of Incorporation - Approved.
September 2011
***Select docket number for text of full decision (pdf format)***
Docket Number
Date Issued
Case Name
Summary of Board Decision
9/9/11
Omar Thabet and La Gallina Inc. "Rev'd by Thabet v Department of Labor, Sup Ct, Kings County, March 29, 2012, Ruchelsman, J., Index No.25325/11."
Order for unpaid wages upheld, but modified, where employer failed to keep records and testimony was inconsistent even though employer argued that claimant never worked for him.
9/9/11
Maria M. Podraza and First Suffolk Mortgage Corp.
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
9/9/11
Bernard J. Lombardi and Allan Greenstein and John Lombardi and Automatic Appliance Parts Inc.
Order finding that employee was due difference between base salary and guaranteed yearly earnings was upheld; severance pay tendered and accepted could not be revoked; yearly guarantee did not extend into second year of employment where there was renegotiation.
9/9/11
Yossi's Grill, Yossi's Grill, Inc., Joseph Shaubi, EMEJ Inc. (T/A Yossi's Grill)
Order for unpaid overtime wages was upheld yet modified where both employer and employee testified that the employee was paid on an hourly basis and not by salary.
9/9/11
Manshui S. Ng and MLW Co., Inc.
Motion for reconsideration of dismissal of untimely petition denied.
9/9/11
Knight Marketing Corporation of New York State (T/A Knight Marketing Corp. of NY)
Order for full, not partial, flex leave pay upheld even though employee did not complete full year of employment, where policy credited employee with flex leave at beginning of year.
9/9/11
Jim Lawson and LCS Group, LLC and Ramon Guardado (T/A Guardado construction LLC)
Petition dismissed where Petitioner failed appear at hearing.
9/9/11
David Gath and Dave's Mobile Lock < Key Inc.
Petition dismissed where Petitioner failed to appear at hearing.
9/9/11
Stephos E. Georgiou and Tasos Enterprises Inc. (T/A Stevie's Coffee Shop)
Petition withdrawn with approval of Board.
9/9/11
Robert M. Weichert
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
9/9/11
Heenam Bae and Daekyung Bae and Fancy Lexington Ave. Cleaners, Inc. (T/A MME Lucille Cleaners)
July 26, 2011 decision corrected and reissued.
9/9/11
Kravetz Realty, Inc., Gary Steven Kuskin, and Laurie Jane Kuskin
Petition granted.
9/9/11
Tamona Renee Tigner and Tellin' Tales, Inc.
Petition dismissed where Petitioner failed to appear at hearing.
9/9/11
Ollie's Bargain Outlet, Inc.
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
9/9/11
Robert Picard
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
9/9/11
James Jae Kwon and Ace Wine < Liquor of Shirley, Inc.
Motion to dismiss untimely petition granted.
9/9/11
Hedy Kodofiannis and Gus Kodogiannis and McGuinness Management Corp.
Petition dismissed where Petitioner failed to file an Amended Petition according to Board Rules.
9/9/11
Lisa McClaine
Petition granted.
9/9/11
Healthcare Services Group, Inc.
Motion to dismiss untimely petition granted.
9/9/11
Jean-Luc Samyn and Jean-Luc Samyn, Inc.
Petition granted.
9/9/11
Paul Rosano and Velocity Express Leasing
Amendment of Order approved by Board.
9/9/11
Champayne Bowling, LLC (T/A Silent Partners Marketing)
Petition dismissed where Petitioner failed to file an Amended Petition according to Board Rules.
9/9/11
Shabbat LLC
Motion to dismiss untimely petition granted.
9/9/11
Daniel Bonamassa
Petition dismissed where Petitioner failed to file an Amended Petition according to Board Rules.
9/9/11
Romeo Limousine
Petition dismissed where Petitioner failed to file an Amended Petition according to Board Rules.
9/9/11
GMA Mechanical Corp.
Petition dismissed where Petitioner failed to file an Amended Petition according to Board Rules.
9/9/11
Salma Choudhry and A<Z Service Center Inc. (T/A Citgo Service Station)
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
9/9/11
Jack Teich and Mark Teich and ACME Architectural Products, Inc.
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
9/9/11
Nirmala Mitra M.D., FAAN
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
9/9/11
Nancy E. Walker
Petition dismissed where Petitioner failed to file an Amended Petition according to Board Rules.
9/9/11
Universal Ready Mix
Petition dismissed where Petitioner failed to file an Amended Petition according to Board Rules.
9/9/11
Eastern Health Care Services, DC PC
Petition dismissed where Petitioner failed to file an Amended Petition according to Board Rules.
9/9/11
Andrew Gasparro A/K/A Andrew Gasparo and Landmark consultants Corporation and Landmark Abatement < Demolition, Inc.
Petition withdrawn with approval of Board.
9/9/11
City of Yonkers
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
9/9/11
United Service Workers Labor-Management Corporation
Certificate of Incorporation - Approved.
July 2011
***Select docket number for text of full decision (pdf format)***
Docket Number
Date Issued
Case Name
Summary of Board Decision
7/26/11
Spiro Triantafilis and Beach Channel 112 Service Center, Inc.
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
7/26/11
Angela Cai Qun Huang A/K/A Angela Huang A/K/A Angela Lu and New A B Inc. (T/A Bensonhurst 28 Minute Photo & Studio)
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
7/26/11
Santos D. Soto and Burnside Beverage Center Inc.
Application for reconsideration of dismissal of petition for failure to amend was denied where petition was also untimely.
7/26/11
Jan C. Lukens (T/A Lukens Stables)
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
7/26/11
Ariel Avinari and Global Autosports, Inc.
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
7/26/11
Richard Behmoiram and Dawn Coffey and C.X.T. Heavy Collision & Recovery
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
7/26/11
Gary M. Casey and Lash Work Environments Inc.
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
7/26/11
Heenam Bae and Daekyung Bae and Fancy Lexington Ave. Cleaners, Inc. (T/A Mme Lucille Cleaners)
Order affirmed for unpaid overtime where Petitioner's evidence was insufficient to meet their burden of proof to show that claimant did not work the hours claimed.
7/26/11
Nancy Venturine and 8201 the Pearl Room, Inc. (T/A The Pearl Room)
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
7/26/11
Nelson Braff and Jody Eisenman and Pete Hoffman and PHD Capital Advisory Services, LLC
Withdrawal and Amendment of Orders approved by Board.
7/26/11
Romuel Aguila and AGB Home Improvement Inc. (T/A Allied Barton Security Services LLC)
Petition dismissed where Petitioner failed to appear at hearing.
7/26/11
Ho Lamar V. Middleton and Hope for U.S. Housing Corp.
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
7/26/11
Guillermo M. Ramirez and Julio C. Ventura and Memo Apparel, Inc. (T/A Hart Knitwear, Inc.)
Order affirmed, subject to recalculation of wages based on evidence at hearing, where Petitioner's evidence was not credible and was too general to meet their burden of proof, and where Respondent's evidence was credible and specific.
7/26/11
Rosemary V. Edwards and RVE Inc.
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
7/26/11
Carl J. Lizza, Jr. and Flying Zee Stables, LLC
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
7/26/11
Carlos Martin
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
7/26/11
Jonathan Akers D/B/A A+ Prep Group Family Daycare
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
7/26/11
Dynamic Technical Concepts & Designs LLC and 323 Marine Ave LLC
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
7/26/11
Old Dominion Freight Line, Inc.
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
7/26/11
Lawrence Pesce (T/A Renovation and Rehabilitation Systems Co., Inc.)
Application for reconsideration of dismissal of petition for failure to amend was denied where petition was also untimely.
7/26/11
Stanislav Jovanovich and Autoprevoz Trucking Corp.
Motion to dismiss untimely Petition was granted.
7/26/11
Anton Dragonides and Maine Service Corp.
Motion to dismiss untimely Petition was granted.
7/26/11
Pravin V. Mehta, MD
Petition dismissed where Petitioner failed to file an Amended Petition according to Board Rules.
7/26/11
Dakko Property Management, Inc.
Petition dismissed where Petitioner failed to file an Amended Petition according to Board Rules.
7/26/11
Jack Abraham and Nora Abraham
Motion to dismiss untimely Petition was granted.
7/26/11
John M. Marra and Long Island Emergency Services
Motion to dismiss untimely Petition was granted.
7/26/11
Ricardo R. Goursahab
Motion to dismiss untimely Petition was granted and Board lacked jurisdiction to review letter where it was not a rule, regulation or order of the Commissioner.
7/26/11
Daniel S. Haft and The Sackett Group Inc.
Withdrawal of Orders approved by Board.
7/26/11
City of New York Administration for Children's Services
Motion to dismiss untimely Petition was granted.
7/26/11
Bullville Fire District
Petition for modification of abatement date pursuant to 12 NYCRR 804.7 was dismissed by Board where there were no responses filed.
7/26/11
New York City Parents Union, Inc.
Certificate of Incorporation - Approved.
7/26/11
St. Lawrence County Sheriff Supervisory Assoc. Inc.
Certificate of Incorporation - Approved.
7/26/11
Village of Chester Police Benevolent Association, Inc.
Certificate of Incorporation - Approved.
June 2011
***Select docket number for text of full decision (pdf format)***
Docket Number
Date Issued
Case Name
Summary of Board Decision
6/7/11
PK Restaurant, LLC (T/A 212 Restaurant)
Order awarding overtime wages to restaurant wait staff and kitchen staff upheld where wages and salary did not include premium pay for overtime. Civil penalties reduced where employer was not shown Department of Labor's audit until hearing. Ref. Matter of Cayuga Lumber, Docket No. PR 05-099 (September 26, 2007)
6/7/11
Double R Entertainment, LLC (T/A Rick's Tally-Ho)
Order finding exotic dancers were the petitioner's employees under Article 19 of the Labor Law, not independent contractors as alleged by the petitioner was affirmed where evidence showed that as a matter of economic reality the dancers depended on the petitioner's business to render their services and were not in business for themselves. 200% civil penalty was revoked. Order finding that petitioner unlawfully charged a drink fee to its employees in violation of Article 6 of the Labor Law modified to reduce the amount found due and owing to conform to the evidence. Refs: Reich v Priba Corp., 890 FSupp 586 (N Dist Tex 1995); Reich v Circle C Investments, 998 F2d 324 (5th Cir 1993); Harrell v Diamond A Entertainment, Inc., 993 FSupp 1343 (M Dist Fla 1997); Labor Law 193.
6/7/11
Gregory G. Kerber and Wurld Media Inc.
Stipulation to amend order and withdraw petition approved by Board.
6/7/11
Steven Wolfe A/K/A Steve Warren and Objective Solutions International, Ltd.
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
6/7/11
Michael Passucci and New York Lodging, Inc. (T/A Microtel Inn)
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
6/7/11
Pauline Thompson and Merle Thompson
Order finding companion was an employee revoked because the claimant, who was a companion who lived in the home of a sick, convalescing or elderly person, whose principal duties did not include housekeeping, was exempted from the then in effect definition of employee. Refs: 12 NYCRR 142-2.14 (c) (1) (ii) (2007); Labor Law 651 (5) (2011).
6/7/11
Yuri Gonzalez and Boris Gonzalez and Renacer Enterprises, Inc.
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
6/7/11
Hady Rozenberg and Miriam Rozenberg and Helen Wasman and Lily Pond Nursing Home, LLC
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
6/7/11
Todd Persons (T/A Person's Construction)
Withdrawal of orders approved by Board.
6/7/11
James T. Ryerson
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
6/7/11
Jericho-Westbury Indoor Tennis, Inc.
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
6/7/11
The Griffin Security Agency, Inc.
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
6/7/11
Magalie Septimus and Saintilus Day Care Inc.
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
6/7/11
IIan Timkin and Danny Bass (T/A Holy Land Enterprise) (T/A Prestige Car Rental)
Application for reconsideration of Board decision dismissing petition where petitioner failed to appear at hearing was denied where petitioner failed to show good cause for its absence.
6/7/11
Michael DiGuido and V.C. Pet Food Enterprises, Inc.
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
6/7/11
James W. Carney and J. Carney & Sons, Inc. and J.W. Carney, Inc.
Petition withdrawn with approval of Board.
6/7/11
Robert Kalbacher and Kalbacher's Auto & Marine Service, Inc.
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
6/7/11
Matt Minerva and American Transit, Inc.
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
6/7/11
Jack Flood and JLF & Company
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
6/7/11
Trevor Whittingham and E-Z Going South, Inc. and E-Z Going Park Here, Inc.
Petition dismissed where Petitioner failed to file an Amended Petition according to Board Rules.
6/7/11
Jose Bunay Munoz (T/A Elizabeth Framing Corp.)
Petition dismissed where Petitioner failed to file an Amended Petition according to Board Rules.
6/7/11
Gatehouse Carpentry, Inc.
Petition dismissed where Petitioner failed to file an Amended Petition according to Board Rules.
6/7/11
Saoud K. Rihan and Sammy Rihan and Amana Construction Co., Inc.
Petition dismissed where Petitioner failed to file an Amended Petition according to Board Rules.
6/7/11
Joseph B. McKenna and Jill Corbett Homorodean (T/A Blondies Too, Inc.) and (T/A Blondies Sports,)
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
6/7/11
Joseph Schmitz and All Pro Land Care, Inc.
Petition dismissed where Petitioner failed to file an Amended Petition according to Board Rules.
6/7/11
Del Aguila Construction Enterprise
Petition dismissed where Petitioner failed to file an Amended Petition according to Board Rules.
6/7/11
David Savatteri and NYC Photobooth, Inc.
Motion to dismiss untimely petition granted.
6/7/11
Paul Curiale, Millenium Development, JM Community Center
Petition dismissed where Petitioner failed to file an Amended Petition according to Board Rules.
6/7/11
David Savatteri and NYC Photobooth, Inc.
Interim Decision: Commissioner's motion to withdraw and reissue orders was granted.
6/7/11
Jacinto Abreu and Roseari Meat Market, Inc. (T/A Super Extra Supermarket)
Interim Decision: Motion to dismiss petition as untimely denied where petitioner was served at home by mail, contrary to Labor Law 33, and home was not "last known place of business."
6/7/11
Bruce S. Guard and James Timlin and International Chemical Corporation (T/A Innovative Chemical Co.)
Petition withdrawn with approval of Board.
6/7/11
Temple Restaurant Corp. (D/B/A Korean Temple Cuisine)
Petition dismissed where Petitioner failed to file an Amended Petition according to Board Rules.
6/7/11
Robert Napier and Napier Enterprises, LLC
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
6/7/11
Seok H. Park and Totowa Trading, Inc. (T/A Totowa Trading, Inc.)
Interim Decision: Stipulation to revise Order approved by the Board.
6/7/11
Bhavani Hotels, Inc. (D/B/A Holiday Inn Express)
Petition dismissed where Petitioner failed to file an Amended Petition according to Board Rules.
6/7/11
CSC of NY, Inc. (A/K/A Fordham Scaffold)
Petition dismissed where Petitioner failed to file an Amended Petition according to Board Rules.
6/7/11
City Employees Union, Local 237, IBT
Petition withdrawn with approval of Board.
6/7/11
City of New York Department of Citywide Administrative Services
Interim Decision: Petitioners administrative agencies of New York City sought to stay enforcement of PESH orders relating to violation of Workplace Violence Prevention Act regulations. Board denied stay where Petitioners failed to show that stay was necessary or that it would not unduly prejudice Petitioner's employees. Ref. Labor Law 27-b; Board Rule of Procedure and Practice 66.9(a).
6/7/11
City of New York Department of Parks and Recreation
Interim Decision: Petitioners administrative agencies of New York City sought to stay enforcement of PESH orders relating to violation of Workplace Violence Prevention Act regulations. Board denied stay where Petitioners failed to show that stay was necessary or that it would not unduly prejudice Petitioner's employees. Ref. Labor Law 27-b; Board Rule of Procedure and Practice 66.9(a).
6/7/11
; City of New York Department of Health and Mental Hygiene
Interim Decision: Petitioners administrative agencies of New York City sought to stay enforcement of PESH orders relating to violation of Workplace Violence Prevention Act regulations. Board denied stay where Petitioners failed to show that stay was necessary or that it would not unduly prejudice Petitioner's employees. Ref. Labor Law 27-b; Board Rule of Procedure and Practice 66.9(a).
6/7/11
Fire Department of the City of New York; District Council 37, AFSCME, Municipal Labor Committee, Intervenors.
Interim Decision: Petitioners administrative agencies of New York City sought to stay enforcement of PESH orders relating to violation of Workplace Violence Prevention Act regulations. Board denied stay where Petitioners failed to show that stay was necessary or that it would not unduly prejudice Petitioner's employees. Ref. Labor Law 27-b; Board Rule of Procedure and Practice 66.9(a).
6/7/11
St. Lawrence County Deputies Association, Inc.
Certificate of Incorporation - Approved.
April 2011
***Select docket number for text of full decision (pdf format)***
Docket Number
Date Issued
Case Name
Summary of Board Decision
4/27/11
Mark Guirk and Lucyna Giurk and AJ's Wash and Drycleaners, LLC
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
4/27/11
Joel D. Fairbank and 2nd Nature, LLC
Order for vacation pay and dental expenses revoked where vacation policy was posted in a conspicuous place and employee failed to correctly opt for dental insurance.
4/27/11
Vasos Antoniou
Day laborers were employees of construction contractor where he hired, supervised and controlled their work.
4/27/11
Kanwalkdev S. Sra A/K/A Kanwal S. Sra and Manat Grenwal A/K/A Manjit Singh Grewal and Archer Car Wash Inc. (T/A Archer Car Wash) also (T/A Archer Car Wash & Detailing Center)
One individual petitioner removed from order per stipulation, otherwise petition dismissed for failure to appear at hearing.
4/27/11
Adam Suchin and Edna Suchin and Adam Suchin Showroom Ltd.
Salesperson for designer showroom who was paid a weekly draw based on a yearly compensation was an employee and not an independent contractor; Edna Suchin removed from order since she was not an employer within the meaning of labor law.
4/27/11
Karma Group LLC (T/A Quiznos Sub)
Child Labor citations upheld as well as penalty for withholding tips from employees.
4/27/11
Michael R. Brandt and East Slope Operating, LLC and East Slope Equipment, LLC and East Slope Ski Lodge, LLC and East Slope Tubing Park, LLC (T/A West Mountain)
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
4/27/11
ARG Trucking Corp. (T/A ARG Trucking)
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
4/27/11
Thomas Mangione, III and Mil-Sher Complex, Inc. (T/A Mil-Sher Hockey) also (T/A Mil-sher Pizza Pizza)
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
4/27/11
Ira Sumkin and M&I Holdings, Inc. (T/A Master Exterior & Design)
Order to pay commissions reduced according to agreement where employer proved that one of the sales was cancelled; civil penalty was revoked.
4/27/11
Sung Ik Cho and Bebop Market Inc. (T/A Bebop Bagels)
Petition withdrawn with approval of Board.
4/27/11
Anne N. Portlock (T/A Portlock Maintenance Systems, Inc.)
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
4/27/11
Robert J. Briceland and Rockwell Construction, Inc.
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
4/27/11
Donna Briceland and Arcot Custom Countertops LLC (T/A Arcot Custom Countertops)
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
4/27/11
Heartland Payment Systems (T/A Heartland Payment Systems Inc.)
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
4/27/11
David Serafin
Stipulation removing petitioner's name from order and withdrawing petition was approved by the Board.
4/27/11
Dov Pavel and Moses Pavel and Exclusive Tile & Flooring, LLC and Quality Tile Installation LLC
Petition dismissed where Petitioner failed to appear at hearing.
4/27/11
Stanley Wrobel
Petition dismissed where Petitioner failed to appear at hearing.
4/27/11
Xian Jian Mak and Empire J's Sheet
Petition withdrawn with approval of Board.
4/27/11
Jeffrey W. Ash (T/A Northeast Home Theater)
Husband of business owner was an employer where he hired the employee, supervised her and decided whether she should be paid.
4/27/11
Mark Sodon and North American Business Solutions, LLC
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
4/27/11
Indus Foods, Inc. (T/A Dunkin Donuts)
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
4/27/11
Lee J. Schneider and Same Day Bath Corp.
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
4/27/11
Dominick Fiamingo, Fiamingo Moving and Storage, Inc.
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
4/27/11
James W. Ferraro and James W. Ferraro Ltd (Work Location) Belmont Racetrack
Petition dismissed where Petitioner failed to appear at hearing.
4/27/11
Sheriff Ishak and William Frost and IT Global Media, LLC (T/A Zinc Magazine)
Petition dismissed where Petitioner failed to appear at hearing.
4/27/11
Syracuse Trailer Sales Service Leasing, Inc. (T/A STS Trailer Sales)
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
4/27/11
Bai Buang A/K/A Michael Xia and Formica Unlimited, Inc.
Wage order upheld where employer failed to produce records in response to Demand for Bill of Particulars and was thus precluded from introducing them at hearing; Petitioner's evidence was too general to negate Commissioner's determination of wages owed.
4/27/11
Curvel Baptiste and Courtney Carreras and Steuben Avenue, Inc. (T/A Steuben Avenue Inc./Milkshake Kicks)
Petition dismissed where Petitioner failed to appear at hearing.
4/27/11
Donald Schneider and Complete Finishes of L.I., Inc.
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
4/27/11
Outstanding Transport Inc.
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
4/27/11
Mahmoud H. Assaily and The Spot Fordham USA, Inc. (T/A The Spot)
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
4/27/11
Ralph Amoruso and Lawrence Amoruso A/K/A Larry Amoruso and Florio's Enterprises, Inc. (T/A Florio's Grill and Cigar Bar)
Petition dismissed where Petitioner failed to file an Amended Petition according to Board Rules.
4/27/11
Robert C. Vinal and Robert C. Vinal, Inc.
Petition dismissed where Petitioner failed to appear at hearing.
4/27/11
Rafaek Muhammad and Rafeak Muhammad, M.D., P.C.
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
4/27/11
Mitchell Wolff
Petition granted striking petitioner's name from the orders where Commissioner failed to file an answer to the petition, thereby waiving her right to further participation in the proceedings. Ref. Rule 65.14 (12 NYCRR 65.14)
4/27/11
Robert Vittengl and German Auto Haus, Inc.
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
4/27/11
Building Star Corporate Services, Inc.
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
4/27/11
Randall J. Friedman
Motion to dismiss untimely Petition was granted.
4/27/11
Prakash M. Swamy
Motion to dismiss untimely Petition was granted.
4/27/11
Joseph J. Macellaro and American Biological Technology, Inc. (T/A American Biological Technology, Inc.)
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
4/27/11
Allen Lepler and Michelle Lepler
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
4/27/11
Maria Moina and Gaviota's Restaurant & Sports Bar Inc.
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
4/27/11
John Ode
Board lacks jurisdiction over petition filed by wage claimant to challenge Commissioner's decision not to pursue claim. Ref.: In the Matter of Toohey, PR 09-223 (January 27, 2010)
4/27/11
Michael Cipolla and Michael Lutz (D/B/A Five Star Roofing Consultants and Services)
Stipulation to withdraw orders against petitioners approved by Board.
4/27/11
Bradley A. Radwaner and Bradley Arden Radwaner, M.D., P.C.
Motion to dismiss untimely Petition was granted.
4/27/11
Hilmi Hidri
Petition dismissed where Petitioner failed to file an Amended Petition according to Board Rules.
4/27/11
Frank Marino
Motion to dismiss untimely Petition was granted.
4/27/11
Gail Romano
Petition dismissed where Petitioner failed to file an Amended Petition according to Board Rules.
4/27/11
John Grando, Hesie Elias, Marc Goldman and A-1 Quality Limousine Services LLC
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
4/27/11
Pat Ruppert
Petition dismissed where Petitioner failed to file an Amended Petition according to Board Rules.
4/27/11
John J. Bruckman, Jr. and 7356 Derby Road, Inc. (T/A Independent Concrete Construction)
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
4/27/11
David Kriss and Kriss & Fuererstein, LLP
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
4/27/11
Wan Yan Li (T/A 99 Cent Store)
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
4/27/11
Muharrem Rraci
Petition granted striking petitioner's name from orders.
4/27/11
Willy Chan, Linda Chan, Anna Zhsing, Xiaoping Zhao and American Fiber Works, Inc.
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
4/27/11
Board of Education of the City of Buffalo (Buffalo Public Schools) "Aff'd by Board of Education v Board of Appeals, Sup Ct, Erie County, November 4, 2011, NeMoyer, J., Index No. 2011/2645, appeal pending"
Notice of violations issued to Buffalo Public Schools for violating safety standards regarding industrial stairs were upheld.
4/27/11
Envoy Environmental Consultants, Inc.
Petition withdrawn with approval of Board.
4/27/11
Deidre Clifford
Petition withdrawn with approval of Board.
4/27/11
Lynette Waterhouse
Petition dismissed where Petitioner failed to file an Amended Petition according to Board Rules.
4/27/11
Orange County Community College
Petition withdrawn with approval of Board.
4/27/11
Fire Department of the City of New York
Petition withdrawn with approval of Board.
4/27/11
Whitestown Police Benevolent Association, Inc.
Certification of Incorporation - Approved.
4/27/11
Village of Florida Police Benevolent Association, Inc.
Certification of Incorporation - Approved.
4/27/11
Working Artists and the Greater Economy, Inc.
Certification of Incorporation - Approved.
4/27/11
Our Own School Bus Union, Inc.
Certification of Incorporation - Approved.
4/27/11
Project S.E.E.Y.M., Inc.
Certification of Incorporation - Approved.
4/27/11
Police Benevolent Association of New York State, Inc.
Certification of Incorporation - Approved.
Febuary 2011
***Select docket number for text of full decision (pdf format)***
Docket Number
Date Issued
Case Name
Summary of Board Decision
2/7/11
Tak Yuen Cheung and 375 Laundromat, Inc.
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
2/7/11
Maddalone & Associates, Inc. and Maddalone Construction, Inc. (T/A Maddalone & Associates)
Maintenance "supervisor" was not exempt from overtime where his primary duty was maintenance and construction and not management; and he was paid hourly. Prior DOL audit indicating that claimant was exempt was not binding.
2/7/11
George Ntilis and Golden Touch Car Wash, Inc
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
2/7/11
Anthony Boumoussa and Bay Parkway Super Clean Car Wash, Inc.
Wage Order for failure to pay minimum wages to named and unidentified car wash employees was affirmed as modified. Civil penalty of $271,000 for failure to have payroll records was revoked. Ref.: Reich v Petroleum Sales, Inc., 30 F3d 654 (6th Cir 1994)
2/7/11
Alysa D. Stukes and Harriet's Alter Ego, Inc.
Penalty order against retailer for failure to register as an apparel manufacturer upheld where retailer also embroidered and finished individual garments.
2/7/11
Butterwood Desserts Incorporated (T/A Chocolate Bar)
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
2/7/11
Camilla Staerk and Batoubellis LLC (T/A Staerk)
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
2/7/11
Julie Chaiken (T/A Chaiken Clothing Corp.)
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
2/7/11
William Daberkow & A-Z Equipment Rentals & Sales, Inc.
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
2/7/11
Dr. Alban Burke and Castle Hill Dental
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
2/7/11
Casar Caceres (T/A Marble & Tile Installation)
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
2/7/11
Barbi Cameron & Macy's Corporate Services, Inc.
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
2/7/11
Emily Fernandez and JEC Disability Management, Inc.
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
2/7/11
Salim Murshed
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
2/7/11
Joseph Malatesta and LTC Electric Contracting LLC and G M Development Inc. and Allstyne Development LLC (t/A LTC Electric, Inc.)
Tenant hired by landlord to perform odd jobs was an employee of the landlord and his wages could not be offset against rent.
2/7/11
Diana Allaham
Wage order demanding payment of wages to housekeeper was upheld.
2/7/11
Katherine O'Brien, Chris Hack and The Spinning Room Bar & Lounge, LLC
Motion to dismiss untimely petition granted.
2/7/11
Craig Lewis, Sheldon Lewis and Empire Restaurant Supply, Inc.
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
2/7/11
Isk Jumar and Nirmal Kumat and Thomas Silbalsik and Snoview Management Corporation (T/A Lake Placid Summit Hotel)
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
2/7/11
Doug Quesenberry and Rod Saclolo (T/A Saclolo Wellness)
Motion to dismiss untimely petition granted.
2/7/11
Pritpal S. Kochhar
Motion to dismiss untimely petition granted.
2/7/11
New York State Office of Children and Family Services
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
2/7/11
Grand Union Communication USA, Inc.
Certificate of Incorporation - Approved.
December 2010
***Select docket number for text of full decision (pdf format)***
Docket Number
Date Issued
Case Name
Summary of Board Decision
12/15/10
Andrew Kaufman and Global Portfolio Trading, LLC
Draw was due to commission salesperson for last three weeks of work even though draw exceeded commissions; but commission received after termination of employment was not due. "Forgivable draw" means that draw is recoverable only against future commissions. Ref: Matter of York Furniture Centers, Inc., Docket No. PR06-081 (August 27, 2009).
12/15/10
Georgios P. Papadatos and Cephalons Deli Inc. (T/A Brothers Delicatessen)
Petition dismissed where Petitioner failed to appear at hearing.
12/15/10
Liza Gattegno and Princess Jessie Rose, Inc. and Jessierose, Inc. (T/A Jessie Rose Boutique)
Commissioner's Order for unpaid wages revoked where Petitioner's records, while not compliant with Labor Law, were sufficient to satisfy burden of proof that claimant was properly paid.
12/15/10
J. David Brand and Bob Brand and Brand Service Group LLC
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
12/15/10
Yung Jin Han T/A Han's Food Deli
Commissioner's Order finding that break time of less than 30 minutes must be compensated was reasonable. Ref.: 29 CFR 785.19; Labor Law 652 (1) and (4).
12/15/10
William M. Capicotto, M.D. and William M. Capicotto, M.D., P.C.
Order revoked where Commissioner failed to file an answer to the petition, thereby waiving its right to further participation in the proceedings. Time limit of 30 days to answer begins when the Board serves the Petition on the Commissioner. Ref: Rule 65.14 (12 NYCRR 65.14).
12/15/10
Perry Stuart (T/A Long Island Airport Limousine)
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
12/15/10
Paul J. Labb (T/A Uniformity)
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
12/15/10
Christopher Mangold and Mangold Pallet, Inc. (T/A Mangold Group)
Orders re civil penalties revoked where Commissioner failed to file an answer to the petition contesting the penalties and Petitioners filed a notarized statement supporting the petition. Ref: Rule 65.14 (12 NYCRR 65.14).
12/15/10
Alejandro Celso Saavedra
Petition dismissed where Petitioner failed to appear at hearing.
12/15/10
David I. Kurss, M.D., P.L.L.C.
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
12/15/10
Gail Vallani and Gui's Lumber & Home Center, Inc.
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
12/15/10
Aaron A. Schmidt
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
12/15/10
Joe Friedman and W.D.C. Holding LLC
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
12/15/10
Glenn DiSanto & Summit View Farm LTC. (T/A Summit View Farm)
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
12/15/10
Lew Bodak and 916 Holding Corp.
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
12/15/10
Ilan Tiomkin and Danny Bass (T/A Holy Land Enterprise) (T/A Prestige Car Rental)
Petition dismissed where Petitioner failed to appear at hearing.
12/15/10
Jacques Yazdi and Hazghil Yazd and Nouri Yazdi and JNH Department Stores
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
12/15/10
Jose M. Badillo, Craig Sheikowitz, and Rocket Hill, Inc. (T/A Johnny Rockets)
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
12/15/10
Irene Lore and Aunt Suzie's Restaurant Ltd.
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
12/15/10
Michael Wolk and Michael Morrison (T/A Riker Hill Records LLC)
Motion to dismiss untimely petition granted. Determination of timeliness of petition is based on Labor Law and Rules governing Board procedures and not CPLR.
12/15/10
Shlomo Sella Sela and Bagels on Sixth Inc. (T/A Pick a Bagel)
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
12/15/10
Abe Mendlowitz and Briarcliff Estates, LLC
Interim Decision: Employer/landlord may not deduct rent from wages and portions of petition alleging that claimant was paid due to rent deductions are stricken; petition will proceed on civil penalty issue alone. Ref: Labor Law 193; Matter of Angello v. Labor Ready, Inc., 7 NY3d 579 (2006).
12/15/10
Teacher Union Reform Network, Inc.
Certificate of Incorporation - Approved.
12/15/10
Police Benevolent Association of Watkins Glen, Inc.
Amendment to Certificate of Incorporation - Approved.
12/15/10
Union Gold, Inc.
Certificate of Incorporation - Approved.
November 2010
***Select docket number for text of full decision (pdf format)***
Docket Number
Date Issued
Case Name
Summary of Board Decision
11/18/10
Nathan Rosenblatt and Ashland Maintenance Corp. (T/A Ashar Cleaning Corp.)
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
11/18/10
Myint J. Kyaw, Richard Tang, Philip Cheung, Sandy Wong and H&K Trading, Inc. and Jack Global Corporation
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
11/18/10
White Lotus Clothing Inc.
Petition dismissed where Petitioner failed to file an Amended Petition according to Board Rules.
11/18/10
Manshui S. Ng and MWL Co., Inc.
Motion to dismiss untimely Petition was granted.
11/18/10
Mario Cipriano and M&L Cipriano Pizzeria, Inc. (T/A Gino's Pizzeria)
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
11/18/10
Peter M. Durkin
Petition dismissed where Petitioner failed to file an Amended Petition according to Board Rules.
11/18/10
Michael Stevens and Felix Furino D/B/A Rochester Screen Printing
Petition dismissed where Petitioner failed to file an Amended Petition according to Board Rules.
11/18/10
Astra Transportation Corp.
Petition dismissed where Petitioner failed to file an Amended Petition according to Board Rules.
11/18/10
Zbigniew Jakubiak and L & Z Restoration Corp.
Petition dismissed where Petitioner failed to file an Amended Petition according to Board Rules.
11/18/10
Vencher Construction Corp.
Petition dismissed where Petitioner failed to file an Amended Petition according to Board Rules.
11/18/10
A Child's Place Too
Petition dismissed where Petitioner failed to file an Amended Petition according to Board Rules.
11/18/10
Keith Harrington and Boston Hannah International, LLC
Petition dismissed where Petitioner failed to file an Amended Petition according to Board Rules.
11/18/10
George DaGraca, James A. Martin, Susan C. Gordon, Leonard Pimm, James Russell Mee, and Pimm Mee Corp.
Petition withdrawn with approval of Board.
11/18/10
Douglas Vrooman II and Ol' Choice Contracting Inc.
Petition dismissed where Petitioner failed to file an Amended Petition according to Board Rules.
11/18/10
James A. Glennon, Jr. DDS
Motion to dismiss untimely Petition was granted.
11/18/10
Tip Top Construction Corp.
Petition dismissed where Petitioner failed to file an Amended Petition according to Board Rules.
11/18/10
Michael Gallagher
Petition dismissed where Petitioner failed to file an Amended Petition according to Board Rules.
11/18/10