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March 2012
***Select docket number for text of full decision (pdf format)*** |
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Docket Number
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Date Issued
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Case Name
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Summary of Board Decision
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3/29/12
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Joseph Williams and Bronx Prospect Corp.
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Petition dismissed where Petitioner failed to appear at hearing.
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3/29/12
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Paul Muller and Marcia Muller and Friendly Transportation, Inc.
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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.
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3/29/12
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Mohamed Oummih
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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.
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3/29/12
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Nick Malegianniakis and NZM Restaurant Corp. (T/A Michael's Diner)
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Order finding that petitioner retaliated against claimant revoked where date on order preceded filing of claim.
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3/29/12
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Dennis Brinkworth and Colter Bay Grill, Inc. (T/A Colter Bay Grill)
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Petition dismissed where petitioner's address and phone were no longer valid; appeal abandoned.
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3/29/12
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John E. Jeffers and J.J. Maddens Inc. (T/A Buona Sera)
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Wage Order for restaurant chef upheld where petitioner failed to prove chef was partner.
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3/29/12
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Nancy Solomon and John Ellertsen and Dorothy Jacobs and Long Island Traditions, Inc.
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Wage supplements order on vacation wages was upheld where petitioner provided contradictory statements regarding contents of vacation policy.
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3/29/12
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Jerwaine Gorman and J. Gorman Investment Group, LLC (T/A Cold Stone Creamery)
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Petition dismissed where petitioner failed to appear at hearing after he requested and agreed to the adjournment date.
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3/29/12
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E.R. Spada, II and the Digital Page, LLC
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Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
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3/29/12
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Ira Zimmerman and Precision Financial, Inc.
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Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
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3/29/12
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David White and Schonbek Worldwide Lighting Inc.
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Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
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3/29/12
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Shawkat Minhas and Minhas Properties, Inc. (T/A Berkshire Travel Lodge)
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Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
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3/29/12
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James Bovino and The Winthrop Corp. Inc.
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Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
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3/29/12
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Charles G. Smith and Nyckel City, LLC
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Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
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3/29/12
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Dr. Bruce Pinker
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Petition granted and Board approves amendment of Orders removing petitioner's name.
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3/29/12
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Kim T. Tran and KT Nail, Inc. (T/A Design Nails Salon Inc.)
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Petition dismissed where Petitioner failed to appear at hearing.
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3/29/12
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Arthur Wasserspring and Jeffrey Micheli
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Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
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3/29/12
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Martin Medina and Rachel's Tacqueria, Inc.
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Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
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3/29/12
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Martin Medina and The Original California Taqueria II, Inc. (T/A La Taqueria II)
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Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
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3/29/12
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Yakov Basmanov
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Petition dismissed where petitioner failed to amend orders to state the reasons they were invalid or unreasonable.
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3/29/12
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Anuj T. Thukral and Anuj Rani Group, LLC (T/A Rani Spas)
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Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
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3/29/12
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Anuj T. Thukral and Rani Creations, Inc.
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Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
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3/29/12
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Anuj T. Thukral and Beauty with Herbs Inc.
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Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
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3/29/12
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Anuj T. Thukral and Anuj Acquisitions Inc.
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Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
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3/29/12
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Tripta R. Thukral and Ramesh K. Thukral
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Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
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3/29/12
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Anuj Thukral and Rani Creations Inc.
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Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
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3/29/12
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Anuj Thukral and Rani Creations Inc.
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Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
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3/29/12
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Anuj Thukral and Lovleen Herbal Inc.
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Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
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3/29/12
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Anuj Thukral and Herbal 2 Inc.
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Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
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3/29/12
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Anuj Thukral and Beauty with Herbs Inc.
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Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
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3/29/12
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Anuj Thukral and Rani Creations Inc.
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Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
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3/29/12
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Anuj Thukral and Rani Creations Inc.
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Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
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3/29/12
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Anuj Thukral and Beauty with Herbs Inc.
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Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
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3/29/12
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Farhat N. Qureshi and Brite Limousine International, Inc.
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Interim Decision: Motion to dismiss late petition granted in part and denied in part based on service.
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3/29/12
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GMA Mechanical Corp., and Gina Yanucci
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Application for reconsideration was granted and Decision dated September 9, 2011 was revoked.
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3/29/12
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Hezi Torati and Torati Holdings, LLC (T/A NSS Financial Services, LLC)
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Interim Decision: Motion to withdraw and amend orders to correct spelling of name was granted.
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3/29/12
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Cheryl Joyles (T/A Madison Day Care)
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Motion to dismiss untimely petition granted.
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3/29/12
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James Napolitano and Napolitano Brothers, Inc. (T/A The Eatery on North) also (T/A The Avenue Deli Cafe)
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Motion to dismiss untimely petition granted.
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3/29/12
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Rejik Majtara and Universal Construction & Painting Corp.
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Motion to dismiss untimely petition granted.
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3/29/12
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Stefan Hilderbrandt and Manfred Hilderbrandt and Rollo Mio, LLC
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Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
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3/29/12
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Paul Danko
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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.
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3/29/12
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Women's National Basketball Players Association Inc.
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Certificate of Incorporation - Approved.
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3/29/12
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Sheriff's Employees Association of Cayuga County
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Certificate of Incorporation - Approved.
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3/29/12
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New York Civil Liberties Union Foundation, Inc.
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Certificate of Incorporation - Approved.
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January 2012
***Select docket number for text of full decision (pdf format)*** |
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Docket Number
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Date Issued
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Case Name
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Summary of Board Decision
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01/30/2012
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Tu Chin Lin and Wan Long, Inc.
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Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
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01/30/2012
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Alan Crowley and Teknex NY, Inc.
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Orders affirmed where petitioner departed hearing after settlement offer was not accepted.
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01/30/2012
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Alejandro Celso Saavedra
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Application for reconsideration of dismissal of petition for failure to appear at hearing denied .
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01/30/2012
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Anthony Bove and Above Construction Corp.
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Orders affirmed where petitioner failed to prove he did not employ claimant.
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01/30/2012
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Shui Hing Chan
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Petition dismissed where Petitioner failed to appear at hearing.
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01/30/2012
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Domenic Gatto and Atlantic Express Transportation Corp.
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Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
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01/30/2012
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James V. Carbone and JBNJ of New York, Inc. (T/A Video World)
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Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
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01/30/2012
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Ranjana Khan and Naeemuddin Khan and Phoenix Hand Embroidery, Inc.
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Penalty for failure to register as an apparel contractor revoked where no evidence that petitioner had employees.
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01/30/2012
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Shireen Banu A/K/A Shireen Banu Mawani and Mawani Amjad A/K/A Mawani Amiad and Eagle Card & Gift, Inc.
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Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
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01/30/2012
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Anthony Pergola and Anthony's Custom Closets, Inc.
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Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
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01/30/2012
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Jin Rong Huang (A/K/A James Huang) and Dawn Fashion, Inc.
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Motion to dismiss petition granted where petitioner failed to produce any evidence at hearing.
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01/30/2012
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Laura Harbour and Kal-Harbour, Inc. (T/A Harbour Roads)
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Orders modified where claimant was not an independent contractor and was due minimum wage.
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01/30/2012
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Peter Durkin and R & R Services, Inc. (T/A Orange Heating & Air Conditioning) A/K/A Orange Heating & Central Air
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Order for vacation pay upheld where office manager supported claimant's version of policy and petitioner failed to produce a written policy.
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01/30/2012
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Ralph Amoruso and Lawrence Amoruso A/K/A Lary Amoruso and Florio's Enterprises, Inc. (T/A Florio's Grill and Cigar Bar)
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Petition dismissed where Petitioner failed to file an Amended Petition according to Board Rules.
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01/30/2012
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Carlos Espinoza and K & P Cleaning Co.
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Cleaning company was liable for unpaid wages where it failed to proved that employment had ended.
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01/30/2012
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Iraj Abdekalimi and 2451 Broadway Market, Inc. (T/A Barzini's)
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Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
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01/30/2012
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Steve Goldstein and Compsolve of NY, Inc.
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Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
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01/30/2012
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Sanjiv A. Mody, Sachin A. Mody, and Bombay Kitchen Foods, Inc.
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Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
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01/30/2012
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Gary Ferone and Great Date Now Inc.
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Petition dismissed where Petitioner failed to appear at hearing.
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01/30/2012
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Thomas Varughese
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Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
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01/30/2012
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Gene Kagan and Gender Bias Inc.
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Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
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01/30/2012
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Olga Tskhovrebov and Andrae Tskhovrebov
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Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
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01/30/2012
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Jerzy Zajaczkowski
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Withdrawal of Petition approved by Board.
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01/30/2012
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John Navelli
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Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
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01/30/2012
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James T. Metz, Jr., Alicia H. Metz, Lauren Simons, and Hamilton Inc. (T/A Hamilton Restaurant)
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Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
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01/30/2012
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Steve Swartz
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Petition dismissed where Petitioner failed to appear at hearing.
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01/30/2012
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Navelli Cadillac-Oldsmobile Pontiac-Buick-GMC, Inc.
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Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
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01/30/2012
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Stephen Egon Ludeke and Accent Maintenance Corp.
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Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
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01/30/2012
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Alternatives for Battered Women, Inc.
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Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
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01/30/2012
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Marie Cuoco
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Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
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01/30/2012
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Anis Hosein, Konstadionos Athanassulas, Ricky Beleno and Dugout Grill, Inc.
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Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
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01/30/2012
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Wang Law Office, PLLC
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Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
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01/30/2012
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Charles B. Park and Evergreen Gourmet Deli, Inc.
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Petition dismissed where Petitioner failed to file an Amended Petition according to Board Rules.
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01/30/2012
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Olanrewaju Lanre Olotu and Benjamin Hiwale and Printing Methods, Inc.
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Petition dismissed where Petitioner failed to file an Amended Petition according to Board Rules.
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01/30/2012
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Charles B. Park and Green Cafe, Inc.
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Petition dismissed where Petitioner failed to file an Amended Petition according to Board Rules.
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01/30/2012
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Mary Ann Redding, Derek Dos Anjos and Girl Gangs, Inc.
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Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
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01/30/2012
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Kong Ming Lee, Fee Yin Lee and Blue Butterfly Fashion, Inc.
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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.
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01/30/2012
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Michael DeRubertis (T/A DeRubertis Auto Services and Sales)
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Petition dismissed where knee surgery did not excuse late filing.
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01/30/2012
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Pat Ruppert
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Reconsideration granted, decision dated April 27, 2011 is revoked and Petitioner is directed to file an amended petition.
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01/30/2012
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John Donovan and Lilia Shevchuk (T/A Greenlight)
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Motion to dismiss untimely petition granted.
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01/30/2012
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Raymond Srour
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Withdrawal of order approved by Board.
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01/30/2012
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Mark S. Roseman
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Order amended to remove Petitioner's name.
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01/30/2012
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John M. Marra and Long Island Emergency Services
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Motion to dismiss untimely petition granted where petitioner filed his petition two months rather than 60 days after the orders issued.
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01/30/2012
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DIGU Corporation (T/A M & R Towing)
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Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
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01/30/2012
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Catherine Davis, Peter Roth, and All Boats, Inc.
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Petition dismissed where Petitioner failed to file an Amended Petition according to Board Rules.
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01/30/2012
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Edward Lotruglio (T/A Edward Lotruglio Stables)
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Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
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01/30/2012
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Leonard Bauer and Pine Ave. Pizza Inc.
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Petition dismissed where Petitioner failed to file an Amended Petition according to Board Rules.
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01/30/2012
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Jason Ellis and Cakes by Jay, Inc.
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Motion to dismiss petition for failure to state a cause of action granted where only allegation concerned lack of funds and bankruptcy filing.
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01/30/2012
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Stephen E. Wilber & J.S. Wilby, Inc.
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Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
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01/30/2012
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Molly Hastings
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Petition denied where petitioner failed to establish termination was retaliatory in violation of PESHA
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01/30/2012
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Mama Lor's Union Hill Cafe, Inc.
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Certificate of Incorporation - Approved.
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01/30/2012
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National Association of FSA County Office Employees
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Certificate of Incorporation - Approved.
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December 2011
***Select docket number for text of full decision (pdf format)*** |
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Docket Number
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Date Issued
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Case Name
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Summary of Board Decision
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12/14/2011
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David R. Fenske (T/A AMP Tech and Design Inc. f/k/a AMP Technologies)
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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.
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12/14/2011
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Guardian Loan Company of Massapequa, Inc. (T/A Guardian Loan)
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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.
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12/14/2011
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Piotr Golabek and Amica Corp.
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Construction workers were employees and not independent contractors of general contractor where he controlled the worksite; estimate of wages owed was adjusted downward.
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12/14/2011
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Jeana Weinrich and White Lightnin' Logistics, LLC (T/A White Lightnin' Logistics)
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Petition dismissed where Petitioner failed to appear at hearing.
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12/14/2011
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Lorigo's Meating Place, Inc.
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Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
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12/14/2011
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Linford Hamilton (T/A D & L Groceries, Inc.)
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Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
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12/14/2011
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Kiernan J. Traynor and Kiernan J. Traynor P.T., P.C. (T/A Summit Sports & Spinal Physical Therapy)
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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.
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12/14/2011
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Kuem-Sil Kim & Ann's Rockville Center Nails, Inc. (T/A Star Nails)
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Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
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12/14/2011
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Lo Hsen Kuo and Five-Star Class Dancing Studio, Inc.
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Order for unpaid wages and penalties affirmed where employer had no records and first denied employing claimant at all.
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12/14/2011
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Scott E. Johnson and Omnis Computers Supplies Inc.
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Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
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12/14/2011
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Dorothy Giorgianni and Jamaica Towing, Inc.
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Order requiring the payment of employee's medical expenses where employer failed to notify employee when benefits terminated was affirmed.
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12/14/2011
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James Neimeier and Steven Dietz (T/A South Buffalo Charter School)
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Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
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12/14/2011
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Fernando Castaneda
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Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
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12/14/2011
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Allen Gutterman (T/A Response Sports Travel)
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Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
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12/14/2011
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Arthur Tanturri and Chelsea Fine Custom Kitchens
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Petition dismissed where Petitioner failed appear at hearing.
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12/14/2011
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Mohamed Mahmow (T/A New Adirondack Construction)
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Petition dismissed where Petitioner failed appear at hearing.
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12/14/2011
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G.R.J.H., Inc., Alicia Metz and Lauren L. Simons
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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.
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12/14/2011
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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
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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.
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12/14/2011
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Aftabudeen Ahmad Edun (T/A Edun Variety Store)
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Order revoked where petitioner proved that claimant was not an employee, in absence of claimant's testimony, despite lack of records.
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12/14/2011
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Agatha DiCarlo
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Petition granted and petitioner's name is removed from order.
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12/14/2011
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Victor Abreu and Boro Diverse Construction, Inc.
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Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
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12/14/2011
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Jane Ruffin & Parlor, Inc. (T/A Jane Ruffin's Parlor)
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Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
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12/14/2011
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Melanie Hanna Roselli
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Petition dismissed where Petitioner failed to appear at hearing.
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12/14/2011
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Dolgencorp of New York, Inc. (T/A Dollar General)
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Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
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12/14/2011
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Christopher Scaringe and CRS Automotive Corp.
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Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
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12/14/2011
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Park East Kosher Butchers and Fine Foods, Inc.
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Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
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12/14/2011
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Slawomir Ratomski
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Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
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12/14/2011
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Heritage of Amsterdam, LLC (T/A Chestnut Hill Apartments)
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Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
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12/14/2011
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Agustin Henriquez, Oscar Ortiz and American Maintenance 3 Janitorial Services and Supplies co. Corp. (T/A American Maintenance and Janitorial Services)
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Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
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12/14/2011
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Iqbal Zaidi (T/A Getty Gas Station)
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Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
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12/14/2011
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Gary E. Cohn (T/A Cameron Grill)
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Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
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12/14/2011
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Autoprevoz Trucking Corp.
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July decision dismissing petition is revoked and case is reopened.
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12/14/2011
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Gabriel Rabinovich and G & L Ambulette Co., Inc.
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Petition dismissed where Petitioner failed to file an Amended Petition according to Board Rules.
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12/14/2011
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Daval Parking Corp.
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Petition dismissed where Petitioner failed to file an Amended Petition according to Board Rules.
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12/14/2011
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Maria Kodogiannis, Gus Kodogiannis and MJB Service Station, Inc. (T/A Exxon)
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Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
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12/14/2011
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Hedy Kodogiannis and Gus Kodogiannis and McGuiness Management Corp.
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Board's decision dismissing petition is revoked per settlement and withdrawal of petition approved.
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12/14/2011
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NNI Enterprises Ltd.
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Petition withdrawn with approval of Board.
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12/14/2011
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Jennifer A. Ames and West Side Pizza
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Petition dismissed where Petitioner failed to file an Amended Petition according to Board Rules.
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12/14/2011
|
Michael Wahid Hanna and Mandy Lam Hanna
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Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
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12/14/2011
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Abraham Weisel and Happy Home Funding, LLC
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Commissioner's motion to withdraw orders was granted.
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12/14/2011
|
JC Ann Cleaners, Inc.
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Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
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12/14/2011
|
Leonard Lattanzio and A & L Services LLC
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Motion to dismiss untimely petition granted.
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12/14/2011
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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.
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|
|
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.
|
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)
|
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
|
Mark Finell, Mark Lamarati, and Craft Marketing, LLC
|
Motion to dismiss untimely Petition was granted.
|
|
|
11/18/10
|
Son Dinh Tran
|
Petition dismissed where Petitioner failed to file an Amended Petition according to Board Rules.
|
|
|
11/18/10
|
Yehudis Rapaport and Aaron Leboits and Meyer Weber and Park Developers & Builders Inc.
|
Petition dismissed where Petitioner failed to file an Amended Petition according to Board Rules.
|
|
|
11/18/10
|
Marvin E. Milich
|
Interim Decision: Motion granted to strike allegations of petition relating to collateral estoppel effect of workers' compensation board findings on credibility; Motion for depositions and interrogatories denied.
|
|
|
11/18/10
|
Angelo A. Gambino and Francesco A. Gambino (T/A Gambino Meat Market, Inc.)
|
Interim Decision: Motion to dismiss petition as untimely denied where Department of Labor failed to serve petitioners in accordance with Labor Law 33.
|
|
|
11/18/10
|
Renovation Rehabilitation Systems Co., Inc.
|
Petition dismissed where Petitioner failed to file an Amended Petition according to Board Rules.
|
|
|
11/18/10
|
Banta Motel of Glens Falls, Inc.
|
Petition dismissed where Petitioner failed to file an Amended Petition according to Board Rules.
|
|
|
11/18/10
|
James O. Young A/K/A J. Ollie Young
|
Petition dismissed where Petitioner failed to file an Amended Petition according to Board Rules.
|
|
|
11/18/10
|
John Olownia and Timber Ridge Framing Corp.
|
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
|
|
|
11/18/10
|
James Tompkins and Tompkins Disposal Services, Inc.
|
Petition dismissed where Petitioner failed to file an Amended Petition according to Board Rules.
|
|
|
11/18/10
|
Red Wing Electric, Inc.
|
Petition dismissed where Petitioner failed to file an Amended Petition according to Board Rules.
|
|
|
11/18/10
|
Pacific Union Financial, LLC
|
Application for a Foreign Limited Liability Company to Conduct Business in New York - Approved.
|
|
|
11/18/10
|
Schenectady County Police Conference, Inc.
|
Certification of Dissolution - Approved.
|
October 2010
***Select docket number for text of full decision (pdf format)*** |
|
Docket Number
|
Date Issued
|
Case Name
|
Summary of Board Decision
|
|
|
10/20/10
|
Carmen Mancheno and Vincent Mancheno and Magic Setting Inc.
|
Diamond setters were employees and not independent contractors and should have been paid for overtime during busy season.
|
|
|
10/20/10
|
Syed Rahman and Candice Ansari (D/B/A Buffalo Fried Chicken and Pizza)
|
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
|
|
|
10/20/10
|
Shawn O'Brien and GENCO of Western New York, Inc.
|
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
|
|
|
10/20/10
|
Jacob Gruber and Victoria Gruber (T/A Paterson Silks)
|
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
|
|
|
10/20/10
|
NY Subway LLC (T/A Subway)
|
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
|
|
|
10/20/10
|
Michael Montalvo and Montalvo Construction
|
Motion to dismiss untimely Petition was granted.
|
|
|
10/20/10
|
Kevin L. Wells and National Energy Systems Inc.
|
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
|
|
|
10/20/10
|
Jamil Uddin and Jamil MD Uddin and Techno International Corp. (T/A Green Cafe)
|
Reconsideration of dismissal granted and case reopened for Petitioner to file an Amended Petition.
|
|
|
10/20/10
|
Antonio J. DeFranco
|
Motion to dismiss untimely Petition was granted.
|
|
|
10/20/10
|
Howard M. Falkow and PMR Enterprises LLC
|
Motion to dismiss untimely Petition was granted.
|
|
|
10/20/10
|
J. Paul MacPherson, III A/K/A Paul MacPherson and Plastics Processing, Inc.
|
Motion to dismiss untimely Petition was granted.
|
|
|
10/20/10
|
Christopher Schaeffer and Access to the Arts, Inc. (T/A Adams Art Gallery)
|
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
|
|
|
10/20/10
|
David Winer and Ehud Cafari and Ori Apple and Broadway Bridge LLC (Broadway Bridge Wash and Lube)
|
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
|
|
|
10/20/10
|
Buenaventura Salazar (T/A Painting and Decorations)
|
Motion to dismiss untimely Petition was granted.
|
|
|
10/20/10
|
Martin Goonetilleke A/K/A Shawn Goonetilleke A/K/A Shanthipa Goonetilleke and DVD Depot Inc.
|
Motion to dismiss untimely Petition was granted.
|
|
|
10/20/10
|
Brookside Dental, PLLC
|
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
|
|
|
10/20/10
|
Reuben Cowart and Syracuse Community Health Center, Inc.
|
Petition withdrawn with approval of Board.
|
|
|
10/20/10
|
Jim Sanders
|
Petition dismissed where Petitioner failed to file an Amended Petition according to Board rules.
|
|
|
10/20/10
|
NYS Metropolitan Transportation Authority (146-01 Archer Avenue, Jamaica, Queens, NY 11235)
|
Petition withdrawn with approval of Board.
|
|
|
10/20/10
|
Saranac Central School District (Morrisonville Elementary School)
|
Petition withdrawn with approval of Board.
|
|
|
10/20/10
|
Pro Union Slate, Inc.
|
Certificate of Incorporation - Approved.
|
|
|
10/20/10
|
Great Scott Films, Inc. (Union Square Media)
|
Certificate of Assumed Name - Approved.
|
|
|
10/20/10
|
Batavia Police Benevolent Association, Inc.
|
Certificate of Incorporation - Approved.
|
September 2010
***Select docket number for text of full decision (pdf format)*** |
|
Docket Number
|
Date Issued
|
Case Name
|
Summary of Board Decision
|
|
|
9/22/10
|
Josef Shahar and S and Y Home Improvement, Inc.
|
Petition dismissed where Petitioner failed to appear at hearing.
|
|
|
9/22/10
|
Shameem Ahmend Chowdury (T/A New Millenium)
|
Hourly worker hired to perform construction work in building was an employee not an independent contractor; the amount of wages owed was reduced based on testimony.
|
|
|
9/22/10
|
Lake Placid LLC (T/A The Hilton)
|
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
|
|
|
9/22/10
|
Mark DeLaus and Mark's Tree and Landscaping, Inc.
|
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
|
|
|
9/22/10
|
Victor A. Torrin (T/A Creative Painting)
|
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
|
|
|
9/22/10
|
Douglas Kirchner, Samuel Gullotti and Philadelphia Furniture, et al.
|
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
|
|
|
9/22/10
|
Carl Girolamo, Jr. and CLG Landscape Design and Management, Inc. (T/A CJG Contracting)
|
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
|
|
|
9/22/10
|
Charles White and Chetta Corp. (T/A White Garden Designs)
|
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
|
|
|
9/22/10
|
Maurice A. Richardson and Roberto A. Bautista and M. Rich, Inc. (T/A Rich Knowledge Institute)
|
Individual who was director of education at school did not meet definition of "employer" under New York Labor Law.
|
|
|
9/22/10
|
Pascual R. Valencia and Patrick W. Valencia and Anval Realty Corp.
|
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
|
|
|
9/22/10
|
Edith Lugones and Rolando Lugones and Brenda Lugones and Borinquen Beer Wholesalers, Inc.
|
Petition dismissed where Petitioner failed to file Amended Petition according to Board Rules.
|
|
|
9/22/10
|
Salvatore Esposito and Mamooche Bistro Inc. (T/A Mamooche Bistro)
|
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
|
|
|
9/22/10
|
Systematic Maintenance
|
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
|
|
|
9/22/10
|
Dan Yamin and Cornerston Telephone Company, LLC (T/A Cornerstone Telephone Company)
|
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
|
|
|
9/22/10
|
Deborah Schneider and Framboise, Inc.
|
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
|
|
|
9/22/10
|
Master Call Communications, Inc.
|
Motion for reconsideration of decision dismissing petition for failure to amend, denied.
|
|
|
9/22/10
|
Lorraine Yarde
|
Motion for reconsideration of decision dismissing petition for failure to amend, granted.
|
|
|
9/22/10
|
Manual Ruiz and Nodesphere Technology, Inc.
|
Petition dismissed where Petitioner failed to file Amended Petition according to Board Rules.
|
|
|
9/22/10
|
Theresa Baiarki and Adami Restoration, Inc.
|
Petition dismissed where Petitioner failed to file Amended Petition according to Board Rules.
|
|
|
9/22/10
|
Northern Dutchess Paramedics
|
Petition dismissed where Petitioner failed to file Amended Petition according to Board Rules.
|
|
|
9/22/10
|
Rapid Recovery Services LLC
|
Petition dismissed where Petitioner failed to file Amended Petition according to Board Rules.
|
|
|
9/22/10
|
David Allen D/B/A Progressive Technology Systems, Inc.
|
Motion to dismiss untimely Petition was granted.
|
|
|
9/22/10
|
Mohammad S. Khabib and Villa Patron II, Inc.
|
Petition dismissed where Petitioner failed to file Amended Petition according to Board Rules.
|
|
|
9/22/10
|
Charles R. Gordon (T/A Dr. Charles R. Gordon)
|
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
|
|
|
9/22/10
|
Brenner Income Tax Centers
|
Petition dismissed where Petitioner failed to file Amended Petition according to Board Rules.
|
|
|
9/22/10
|
City of New York Department of Juvenile Justice (Crossroads Juvenile Center, Horizon Juvenile Center, Bridges Juvenile Center)
|
Citations under Bloodborne Pathogen Standard were reviewed and citations for failure to have knowledgeable trainers and failure to have an updated Exposure Control Plan were affirmed and citations for failure to offer medical follow-up free of charge as well as failure to train in certain areas were revoked.
|
|
|
9/22/10
|
Kingston Police Benevolent Association, Inc.
|
Amendment of Certificate of Incorporation - Approved.
|
July 2010
***Select docket number for text of full decision (pdf format)*** |
|
Docket Number
|
Date Issued
|
Case Name
|
Summary of Board Decision
|
|
|
7/28/10
|
Paul Coppa; Ten's Cabaret, Inc.
|
Petition dismissed where Petitioner failed to satisfy condition of posting a bond for second request for a postponement of the hearing where Petitioner was given notice that there would be no further adjournments.
|
|
|
7/28/10
|
Robert Lupica and Niagra Ceramics Corp.
|
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
|
|
|
7/28/10
|
Stanley A. Warszycki and Stanley A. Warszcki, Inc.
|
Wage Order affirmed as to wages due where Petitioner lacked required records and his testimony was not credible; civil penalties were reduced to 0 where reasons for penalty were inaccurate and/or not adequately explained.
|
|
|
7/28/10
|
National Credit Systems, Inc.
|
Sales reps of debt collection company were employees and not independent contractors; contract terminated where both parties acted as if it had terminated and no commissions were due after termination per contract.
Refs: Brock v Superior Care, 840 F2d 1054 (2d Cir 1988); Arbeeny v Kennedy Exec. Search, Inc., 71 AD3d 177 (1st Dept 2010).
|
|
|
7/28/10
|
Fast Fresh Food & Gas, Inc.
|
Commissioner's calculation of unpaid wages due three employees was reasonable given lack of required records and supporting testimony of employees; 100% civil penalties reduced to 0 where investigator could not explain factors and file contained three separate findings of 0, 25% and 100%.
|
|
|
7/28/10
|
Mohamed Oummih
|
Reconsideration granted where Petitioner showed that the notice of hearing was sent to an old address and the decision dismissing the petition was for failure to appear at hearing.
|
|
|
7/28/10
|
Ishan Maqsood Khwaja and National Electronics, Inc.
|
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
|
|
|
7/28/10
|
Mark Zywiczynski, Jason Zywiczynski and Natural Landworks, Inc.
|
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
|
|
|
7/28/10
|
Joseph P. Parisi and J. Parisi Associates Inc.
|
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
|
|
|
7/28/10
|
Paul Marshall and Maureen Torrey and Paul Marshall Produce Inc.
|
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
|
|
|
7/28/10
|
International Control Products, Inc.
|
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
|
|
|
7/28/10
|
Ravi M. Singh
|
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
|
|
|
7/28/10
|
Henry J. Hart, Jr. (T/A Hart's Transport)
|
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
|
|
|
7/28/10
|
Joseph Saponaro and Kenneth Grossberger and Elite Investigations Ltd.
|
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
|
|
|
7/28/10
|
Peter M. Abokhiyayev and L'Esti's Desserts Enterprises, Corp.
|
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
|
|
|
7/28/10
|
Vince's Pizza Plus
|
Petition dismissed where Petitioner failed to file an Amended Petition according to Board Rules.
|
|
|
7/28/10
|
J. Christopher Daly and Sheldrake Organizations, Inc.
|
Motion to dismiss untimely Petition was granted.
|
|
|
7/28/10
|
Friedwald Center for Rehabilitation & Nursing LLC
|
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
|
|
|
7/28/10
|
Royal Kabab and Curry Inc.
|
Petition dismissed where Petitioner failed to file an Amended Petition according to Board Rules.
|
|
|
7/28/10
|
General Traffic Equipment Corp.
|
Petition dismissed where Petitioner failed to file an Amended Petition according to Board Rules.
|
|
|
7/28/10
|
4StarPC Glatt Kosher Caterers
|
Petition dismissed where Petitioner failed to file an Amended Petition according to Board Rules.
|
|
|
7/28/10
|
New York State Office of Mental Health Sagamore Children's Psychiatric Center
|
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
|
|
|
7/28/10
|
Committee for Transport Workers' Rights, Inc.
|
Certification of Incorporation - Approved.
|
June 2010
***Select docket number for text of full decision (pdf format)*** |
|
Docket Number
|
Date Issued
|
Case Name
|
Summary of Board Decision
|
|
|
6/23/2010
|
Olga Weiss, Iwona Weiss and Color & Cut Beauty Salon, Inc.
|
Recalculated Order affirmed and two individuals held to be liable as employers based on Claimant's specific and credible testimony.
|
|
|
6/23/2010
|
Sawera Corp. (T/A Subway)
|
Order affirmed but modified where employer did not pay premium rate of time and one-half for overtime hours. Unpaid wage order modified where dates of employment listed in Order were less than those listed in the investigation and therefore, required a reduction in wages due.
|
|
|
6/23/2010
|
Patricia A. Hommel Cocchia (T/A Patricia A. Coccia, Esq.)
|
Vacation wages due based on Claimant's testimony that there was an agreement for vacation and Claimant had already taken a one week's paid vacation.
|
|
|
6/23/2010
|
Benjamin Fagans (T/A Fulton Construction)
|
Petition dismissed pursuant to Board Rule 65.24 where Petitioner failed to appear at hearing.
|
|
|
6/23/2010
|
CI Certified Transmission
|
Petition dismissed pursuant to Board Rule 65.24 where Petitioner failed to appear at hearing.
|
|
|
6/23/2010
|
Anthony Villani and Villani's Lawn & Landscape LLC
|
Motion to dismiss untimely petition granted.
|
|
|
6/23/2010
|
Jamil Uddin and Jamil MD Uddin and Techno International Corp. (T/A Green Cafe)
|
Petition dismissed where Petitioner failed to file an Amended Petition according to Board Rules.
|
|
|
6/23/2010
|
RTR Jr. Enterprises, Inc. (T/A La Dolce Vita)
|
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
|
|
|
6/23/2010
|
Patrik Hamancin (T/A Patrik Hamancin Construction)
|
Motion to dismiss untimely petition granted.
|
|
|
6/23/2010
|
Magalie Septimus and Saintilus Day Care Inc.
|
Motion to dismiss untimely petition granted.
|
|
|
6/23/2010
|
Hoof and Finz
|
Petition dismissed where Petitioner failed to file an Amended Petition according to Board Rules.
|
|
|
6/23/2010
|
Patricia Dukofsky A/K/A Patricia M. Connolly and Interactive Party.com Inc. (T/A Interactive Entertainment) also (T/A Interactive Entertainment Concepts)
|
Motion to dismiss untimely petition granted.
|
|
|
6/23/2010
|
Donny Graber and Internet Telephone Provider Inc.
|
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
|
|
|
6/23/2010
|
Sungwoo Im and Limetree, Corp.
|
Petition dismissed where Petitioner failed to file an Amended Petition according to Board Rules.
|
|
|
6/23/2010
|
White Lotus Clothing Inc.
|
Petition dismissed where Petitioner failed to file an Amended Petition according to Board Rules.
|
|
|
6/23/2010
|
Anthony LaPlaca
|
Retaliation complaint remanded to Department of Labor for further investigation.
|
|
|
6/23/2010
|
Warren County Police Supervisor's Benevolent Association, Inc.
|
Certificate of Incorporation - Approved.
|
|
|
6/23/2010
|
Advertising Photographers of America, Inc. (American Photographic Artists, Inc.)
|
Application for Name Change - Approved.
|
|
|
6/23/2010
|
Great Neck Estates Patrolmen's Benevolent Association, Inc. (Great Neck Estates Police Benevolent Association, Inc.)
|
Application for Name Change - Approved.
|
May 2010
***Select docket number for text of full decision (pdf format)*** |
|
Docket Number
|
Date Issued
|
Case Name
|
Summary of Board Decision
|
|
|
5/26/2010
|
Dino Zervas and CAZ Contracting Corp.
|
Petition withdrawn with approval of Board.
|
|
|
5/26/2010
|
William Mark Dictor and Hanlon Auto Transport Inc.
|
Petition dismissed pursuant to Board Rule 65.24 where Petitioner failed to appear at hearing.
|
|
|
5/26/2010
|
Stephen Testo and Cameo Industries LLC
|
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
|
|
|
5/26/2010
|
Dae Lee and Amen Lee's Corporation (T/A Tip top Car Wash)
|
Order affirmed where petitioner carwash failed to produce adequate records of the daily hours employees worked and DOL's estimate of daily hours worked and wages owed, including "spread shift" pay, was reasonable based on employee statements and the petitioner's own records. Additionally, credible evidence demonstrated that the petitioner's employees did not receive enough in tips or gratuities to qualify for a tip allowance against minimum wage.
Refs: 12 NYCRR 142-2.5; 12 NYCRR 142-2.4.
|
|
|
5/26/2010
|
Douglas K. Adams and Adams and Son Inc.
|
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
|
|
|
5/26/2010
|
Mohamed Oummih.
|
Petition dismissed pursuant to Board Rule 65.24 where Petitioner failed to appear at hearing.
|
|
|
5/26/2010
|
Linda Coughlin and Paralelles LLC
|
Petition dismissed pursuant to Board Rule 65.24 where Petitioner failed to appear at hearing.
|
|
|
5/26/2010
|
Transport Drivers, Inc.
|
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
|
|
|
5/26/2010
|
Michael Cole and 3 C's General Contracting
|
Petition dismissed pursuant to Board Rule 65.24 where Petitioner failed to appear at hearing..
|
|
|
5/26/2010
|
Heng Zhen Wu and Zhou Fan Liu and 868 Restaurant Corp.
|
Motion to dismiss untimely petition granted.
|
|
|
5/26/2010
|
Jason Steven Widmer and ITW Industries, Inc. (T/A Getty of Ridge)
|
Motion to dismiss untimely petition granted.
|
|
|
5/26/2010
|
Awilda Cordero A/K/A Awilda Abreu
|
Motion to dismiss untimely petition granted.
|
|
|
5/26/2010
|
Steven R. Katz
|
Motion to dismiss untimely Petition was granted.
|
|
|
5/26/2010
|
Thule Towing Systems LLC
|
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
|
|
|
5/26/2010
|
Bruce Monette and Brian Monette and Adirondack Energy Products, Inc.
|
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
|
|
|
5/26/2010
|
Outstanding Transport, Inc.
|
INTERIM DECISION: Motion to dismiss appeal filed 61 days after issuance of Order denied where Department of Labor put misleading date on notice.
|
|
|
5/26/2010
|
Rolando Lantigua and El Generalisimo Restaurant, Inc. (T/A Hispaniola Restaurant)
|
Motion to dismiss untimely Petition was granted.
|
|
|
5/26/2010
|
Leo O'Brien and Leo O'Brien Racing Stable, Ltd..
|
Motion to dismiss untimely Petition was granted.
|
|
|
5/26/2010
|
Sharde Harvey, DDS
|
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
|
|
|
5/26/2010
|
James Keller and Countryside Veterinary Practice, P.C.
|
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
|
|
|
5/26/2010
|
Master Call Communications, Inc.
|
Petition dismissed where Petitioner failed to file an Amended Petition according to Board Rules.
|
|
|
5/26/2010
|
Buffalo Wholesale Door and Frame Inc.
|
Petition dismissed where Petitioner failed to file an Amended Petition according to Board Rules.
|
|
|
5/26/2010
|
Grzegorz Matlok (T/A Avalanch Transport LLC)
|
Petition dismissed where Petitioner failed to file an Amended Petition according to Board Rules.
|
|
|
5/26/2010
|
Lorraine Yarde (T/A bioMETRIX)
|
Petition dismissed where Petitioner failed to file an Amended Petition according to Board Rules.
|
|
|
5/26/2010
|
City of New York Department of Transportation
|
Petition withdrawn with Board approval.
|
|
|
5/26/2010
|
Arondizuogu Patriotic Union - USA (APU-USA NY, NJ, and CT), Inc.
|
Application dismissed without prejudice for failure to provide information.
|
|
|
5/26/2010
|
Union Temporary Services, Inc.
|
Application dismissed without prejudice for failure to provide information.
|
|
|
5/26/2010
|
Macquesten Union Grove LLC
|
Application dismissed without prejudice for failure to provide information.
|
|
|
5/26/2010
|
Hip Hop Summit Youth Council Worldwide Inc.
|
Certificate of Incorporation - Approved.
|
April 2010
***Select docket number for text of full decision (pdf format)*** |
|
Docket Number
|
Date Issued
|
Case Name
|
Summary of Board Decision
|
|
|
4/21/2010
|
Humberto Merchan (D/B/A HA Cutting)
|
Civil Penalty for failure to register as a garment manufacturer was reduced.
|
|
|
4/21/2010
|
Barbara Purcell and John Purcell and Custom Rescue Vehicles and Equipment, Inc
|
Commissions due on sale of ambulances reduced based on facts presented at hearing.
|
|
|
4/21/2010
|
Mega Sound and Light LLC.
|
Order for unpaid commissions affirmed.
|
|
|
4/21/2010
|
Pugatch Realty Corp. (T/A Pugatch Realty)
|
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
|
|
|
4/21/2010
|
Alan Savarick
|
Individual was not an employer where he did not have authority to hire or fire, supervise work schedules or otherwise control the conditions of employment.
Ref. Herman v RSR Sec. Services, 172 F3d 132 (2d Cir 1999)
|
|
|
4/21/2010
|
John Abi-Habib and MSI Net, Inc.
|
Petition dismissed where Petitioner failed to file an Amended Petition according to Board Rules.
|
|
|
4/21/2010
|
Mi Jong Li and Emmelle Design Inc.
|
Proceedings discontinued where Petitioner paid penalties.
|
|
|
4/21/2010
|
Graziella Guiliana (T/A Graziella's Alterations)
|
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
|
|
|
4/21/2010
|
Mary Ping and Grandrich LLC
|
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
|
|
|
4/21/2010
|
Scott Mikolay and Mikolay Jewelers, Inc.
|
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
|
|
|
4/21/2010
|
Francesco Bilotta and Rap Pizza, Inc.
|
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
|
|
|
4/21/2010
|
Gil Levy and Asi Erenberg and Ecommerce Partners.Net Corp
|
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
|
|
|
4/21/2010
|
Nabil Cheikhali and NM Transportation, Inc. (T/A NM Transportation)
|
Motion to dismiss untimely Petition was granted.
|
|
|
4/21/2010
|
Maria D. Tavaras and Green Food Corp. (C-Town Supermarket)
|
Petition dismissed pursuant to Board Rule 65.24 where Petitioner failed to appear at hearing.
|
|
|
4/21/2010
|
Patrick L. Reynolds and Patrick L. Reynolds Stable, Inc. (Work Location Belmont Racetrack)
|
Motion to dismiss untimely Petition was granted.
|
|
|
4/21/2010
|
Ralph D'Alessandro (T/A Ralph D'Alessandro Racing Stable) (Work Location Belmont Racetrack)
|
Motion to dismiss untimely Petition was granted
|
|
|
4/21/2010
|
Marcia Campbell and Whitewing Real Estate, Inc.
|
Motion to dismiss untimely Petition was granted.
|
|
|
4/21/2010
|
Jean Suwal and Marrs Electric Sales Co., Inc.
|
Motion to dismiss untimely Petition was granted.
|
|
|
4/21/2010
|
American Digital Imaging
|
Petition dismissed where Petitioner failed to file an Amended Petition according to Board Rules.
|
|
|
4/21/2010
|
Thomas J. Burns D/B/A T.J. Ferro Trucking
|
Motion to dismiss untimely Petition was granted
|
|
|
4/21/2010
|
Shadel Company
|
Petition dismissed where Petitioner failed to file an Amended Petition according to Board Rules.
|
|
|
4/21/2010
|
DCAP Freeport Inc. (T/A DCAP Insurance)
|
Petition dismissed where Petitioner failed to file an Amended Petition according to Board Rules.
|
|
|
4/21/2010
|
Gail Pirincci
|
Petition dismissed where Petitioner failed to file an Amended Petition according to Board Rules.
|
|
|
4/21/2010
|
JGAG Associates, Inc. D/B/A Blasco HVAC Supply
|
Petition dismissed where Petitioner failed to file an Amended Petition according to Board Rules.
|
|
|
4/21/2010
|
City of New York Department of Juvenile Justice - Crossroads Juvenile Center, Horizon Juvenile Center, Bridges Juvenile Center
|
Citation for violation of the General Duty Clause affirmed where passage of the Workplace Violence Protection Act did not constitute promulgation of a specific standard.
|
|
|
4/21/2010
|
Lake Mohegan Fire District
|
Petition withdrawn where violations were successfully abated.
|
|
|
4/21/2010
|
Sino Grand Union Consulting (U.S.A.) Inc.
|
Application dismissed for failure to provide information.
|
March 2010
***Select docket number for text of full decision (pdf format)*** |
|
Docket Number
|
Date Issued
|
Case Name
|
Summary of Board Decision
|
|
|
3/24/2010
|
PAETEC Communications Inc.
|
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
|
|
|
3/24/2010
|
Terrence W. Lee (T/A The Ultimate Builder)
|
Petition Withdrawn.
|
|
|
3/24/2010
|
Shoji Kimura and Asian Products, Inc. and API Technology, Inc.
|
Civil Penalty of 25% of Wages Due was affirmed.
|
|
|
3/24/2010
|
Abker H. Hassam (T/A Dr. Akber H. Hassam, M.D.)
|
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
|
|
|
3/24/2010
|
Sung II Park and Spring Tree Delicatessen Inc. (T/A Stroko's Deli)
|
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
|
|
|
3/24/2010
|
Jeffrey H. Astor and Jeffco Plumbing, Inc.
|
Motion to dismiss untimely petition granted where affidavit of non-receipt of order was insufficient to rebut presumption of mailing and receipt given evidence of mailing.
|
|
|
3/24/2010
|
Andrew L. Amabile and High Frequency Technology Co., Inc.
|
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
|
|
|
3/24/2010
|
Robert Lovinger and Miriam Lovinger and Edge Solutions, Inc.
|
Individuals were liable for wages as "employers" but civil penalties were revoked where there was no witness to testify as to what factors were taken into account.
|
|
|
3/24/2010
|
Steve H. Sabba and Taxpro Financial Network Inc.
|
Order affirmed over petitioner's claim that claimant was not employed by him where claimant's testimony was corroborated by earlier admissions by petitioner in emails.
|
|
|
3/24/2010
|
The Deaf Welcome Foundation
|
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
|
|
|
3/24/2010
|
Richard Soriano, Jr. and Polar Bear Cooling Inc.
|
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
|
|
|
3/24/2010
|
Dueck Sun Kim Youn D/B/A Momo Despoke Tailor A/K/A Momo Custom Tailor
|
Employer liable for overtime for workers paid by piece-rate and the Department's calculation of hours worked based on the store's operating hours was reasonable where employer failed to keep time records.
|
|
|
3/24/2010
|
Samuel Parada, Sr. and Superior Car Wash and Accessories, Inc. (T/A Samuel's Car Wash)
|
Board Decision issued to correct Board's use of incorrect rate of pay in Decision issued in January 2010.
|
|
|
3/24/2010
|
Abdo Ahmed Nagi A/K/A Abdo A. Najee and Abdo Ahmed Sharhan A/K/A Abdo Sherhan and New York Grocery and Tobacco Corp.
|
Petition dismissed pursuant to Board Rule 65.24 where Petitioner failed to appear at hearing.
|
|
|
3/24/2010
|
Amanda Bitar and Paul Bitar and Payless Freight, Inc.
|
Petition dismissed pursuant to Board Rule 65.24 where Petitioner failed to appear at hearing.
|
|
|
3/24/2010
|
Helen Sieger and Kingsbridge Heights Care Center, Inc. (T/A Kingsbridge Heights Rehabilitation and Care Center)
|
Petition withdrawn where Order paid in full.
|
|
|
3/24/2010
|
Baumann and Sons Buses, Inc.
|
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
|
|
|
3/24/2010
|
Salvatore DiPaolo and Service Transit Lines, Inc.
|
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
|
|
|
3/24/2010
|
Efthimios Vlahos and Ionnis Gouvakis and Madison Avenue Burger Corp. (T/A Soup Burg)
|
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
|
|
|
3/24/2010
|
Sammy Eljamal and Musa Eljamal and Courtesy Mobil 9A Elmsford, Inc. A/K/A Elmsford Snack Mart Inc. and Friendly Service LaGrange, Inc. and Friendly Service Mohegan Lake, Inc. A/K/A Mohegan Lake Gas Mart, Inc. and Courtesy Mobil, Inc. A/K/A Cortlandt Manor Gas Mart, Inc., Food and Gas of Yorktown 202, Inc., Courtesy Mobil Car Care Center, Inc. A/K/A Thornwood Snack Mart, Inc., Courtesy Mobil Newburgh, Inc., Courtesy Mobil Brewster, Inc., Friendly Service Poughkeepsie, Inc., Friendly Mobil Hopewell Jct., Inc., Friendly Service New Paltz, Inc. A/K/A New Paltz Gas Mart, Inc.
|
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
|
|
|
3/24/2010
|
Pera-Batt Collision and Auto Service, Inc.
|
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
|
|
|
3/24/2010
|
Eric Kuvykin and Allstate Merchant Service, LLC
|
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
|
|
|
3/24/2010
|
Casella Waste Management, Inc.
|
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
|
|
|
3/24/2010
|
Anthony Christiano, Jr. and Hertel Hardware and Plumbing Supply Co., Inc.
|
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
|
|
|
3/24/2010
|
Li Ping Wang (T/A L and P Laundromat, Inc.)
|
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
|
|
|
3/24/2010
|
Zych Enterprises, Inc.
|
Motion for Reconsideration of October 2009 Board decision dismissing petition granted and case reinstated.
|
|
|
3/24/2010
|
238 Food Corp. (T/A Riverdale Diner)
|
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
|
|
|
3/24/2010
|
Shu Sen Wu D/B/A Mr. Clean's Laundromat
|
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
|
|
|
3/24/2010
|
Christopher Puzio and Rockland Veterinary Care LLC
|
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
|
|
|
3/24/2010
|
Paul Danko
|
Case alleging retaliation for health and safety complaint was remanded for further investigation.
|
|
|
3/24/2010
|
District Council 37, AFSCME
|
Department of Labor decision to grant petition to modify abatement date to postpone abatement date 60 days affirmed.
|
|
|
3/24/2010
|
Local Union 45, U.B.C. and J.A. Scholarship Fund
|
Application for Name Change - Approved.
|
|
|
3/24/2010
|
Ijero Progressive Union, New York Chapter
|
Application for Name Change - Approved.
|
January 2010
***Select docket number for text of full decision (pdf format)*** |
|
Docket Number
|
Date Issued
|
Case Name
|
Summary of Board Decision
|
|
|
1/27/2010
|
Lavita, Inc.
|
Withdrawal of Petition pursuant to Board rule 65.15.
|
|
|
1/27/10
|
Yuri Ichihashi and Yuri Ichihashi, Inc.
|
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
|
|
|
1/27/10
|
Foster Properties LLC (T/A Maggie's Pub)
|
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
|
|
|
1/27/10
|
John K. Cory and Kenyon Ridge LLC
|
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
|
|
|
1/27/10
|
Robert H. Minkel and Millwork Distributors, Inc.
|
Individual corporate owner was liable for unpaid wages as "employer" where he hired and supervised the employees, controlled payroll and maintained employment records.
Ref. Herman v. RSR Sec. Servs. Ltd, 172 F3d 139 (2d Cir 1999)
|
|
|
1/27/10
|
Joseph Schellel and Bolus Freight Systems, Inc.
|
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
|
|
|
1/27/10
|
Samuel Parada, Sr. and Superior Car Wash and Accessories, Inc. (T/A Samuel's Car Wash)
|
Order for payment of minimum wages to car wash workers affirmed but modified where employees testified to a different period of employment than was on the audit; Commissioner may not amend order after hearing record is closed
|
|
|
1/27/10
|
Nathan Godfrey (T/A A.S.U.)
|
Order for vacation pay affirmed.
Ref. Labor Law 198-c.
|
|
|
1/27/10
|
Tammany Flooring, Inc.
|
Petition dismissed pursuant to Board Rule 65.24 where Petitioner failed to appear at hearing.
|
|
|
1/27/10
|
Alex Doljansky and Michael Vaitzman and DRC Group Inc.
|
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
|
|
|
1/27/10
|
Mary Beth Lazarski
|
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
|
|
|
1/27/10
|
Nicholas Siviglia and Frank Siviglia and Co., Inc.
|
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
|
|
|
1/27/10
|
George Luhring and Groom-O-Rama, Inc.
|
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
|
|
|
1/27/10
|
Rajinder Chandihok and Dynasty Belt, Inc.
|
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
|
|
|
1/27/10
|
Valentin Voynoroskii and Rostov Auto Express, Inc. and Bukovina Express, Inc.
|
Petition dismissed as untimely.
|
|
|
1/27/10
|
Sterling Rex Peters (T/A Rex Peters Roofing)
|
Petition dismissed as untimely.
|
|
|
1/27/10
|
Sottile Security International, Inc.
|
Petition dismissed where Petitioner failed to file an Amended Petition according to Board Rules.
|
|
|
1/27/10
|
Renauld A. Gregg and Andrea Gregg and RAG Development Group Corp.
|
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
|
|
|
1/27/10
|
Phyllis Toohey
|
Board lacks jurisdiction over petition filed by wage claimant to challenge Commissioner's withdrawal of an Order.
|
|
|
1/27/10
|
Jamie Desormeaux
|
Petition dismissed as untimely
|
|
|
1/27/10
|
Hannah Abergel and Fulton Lumber and Home Center, Inc.
|
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
|
|
|
1/27/10
|
Alice's Tea Cup - Chapter III
|
Petition dismissed where Petitioner failed to file an Amended Petition according to Board Rules.
|
|
|
1/27/10
|
Central Labor Rehabilitation Council of New York, Inc.
|
Certificate of Dissolution - Approved.
|
|
|
1/27/10
|
Schuyler County Road Patrol Assn., Inc.
|
Certificate of Incorporation - Approved.
|
December 2009
***Select docket number for text of full decision (pdf format)*** |
|
Docket Number
|
Date Issued
|
Case Name
|
Summary of Board Decision
|
|
|
12/14/09
|
New York State Timber Producers Association, Inc.
|
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
|
|
|
12/14/09
|
Jaime Bertoglio and Bertoglio Contractor Corp.
|
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
|
|
|
12/14/09
|
Pamela Blum
|
Babysitter was employee where she worked in excess of 20 hours per week on a regular basis; however, no wages were due and issue of withholding was for the IRS and not the Board.
|
|
|
12/14/09
|
Thomas Murn, John Murn and Answer Vending Inc.
|
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
|
|
|
12/14/09
|
Akiva Emergi and Eyal Ovadia and HOD Construction Corp. and Super Homes, Inc. d/b/a Superior Homes
|
General contractor on private construction project found liable as an employer under Article 6 of the Labor Law for unpaid wages to subcontractor's employees where the employees used the general contractor's premises and materials to complete a discrete line job essential to the general contractor's process of construction, and the employees worked exclusively for the general contractor. Refs:
29 CFR 791.2; Rutherford Food Corp. v McComb, 331 US 722 [1947]; Zheng v Liberty Apparel Co., Inc., 355 F3d 61 [2d Cir 2003]
|
|
|
12/14/09
|
Tamyra McKay (T/A Accounting Amour)
|
Petition dismissed pursuant to Board Rule 65.24 where Petitioner failed to appear at hearing.
|
|
|
12/14/09
|
Magic Transportation Inc.
|
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
|
|
|
12/14/09
|
Pretty Girl, Inc. and Albert Nigri and Victor Lavi
|
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
|
|
|
12/14/09
|
Christian Gomes and 440 Jericho Turnpike Auto Sales, LLC (D/B/A Ford of Smithtown)
|
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
|
|
|
12/14/09
|
David G. Boniello (T/A David G. Boniello, Attorney at Law)
|
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
|
|
|
12/14/09
|
Frank Laiffer (T/A Heart Watch LLC)
|
Withdrawal of Petition approved pursuant to Board rule 65.15.
|
|
|
12/14/09
|
Avi Galapo and King C Ironwork Inc. and Iron King Construction Inc.
|
Petition dismissed where Petitioner failed to file an Amended Petition according to Board Rules.
|
|
|
12/14/09
|
Jay Nordin and Xtreme Home Design Inc.
|
Motion to dismiss untimely Petition granted.
|
|
|
12/14/09
|
Gregory Lorenzo and Lorenzo Holding Corp. (T/A Rocket Express Delivery)
|
Motion to dismiss untimely Petition granted.
|
|
|
12/14/09
|
Santos D. Soto and Burnside Beverage Center, Inc.
|
Petition dismissed where Petitioner failed to file an Amended Petition according to Board Rules.
|
|
|
12/14/09
|
David Fielding and Arcot Custom Countertops LLC (T/A Arcot Custom Countertops)
|
Petition dismissed where Petitioner failed to file an Amended Petition according to Board Rules.
|
|
|
12/14/09
|
Pergolotti Tile and Custom Woodwork Inc.
|
Petition dismissed where Petitioner failed to file an Amended Petition according to Board Rules.
|
|
|
12/14/09
|
William A. Brenner and Brenner Income Tax Centers
|
Petition dismissed where Petitioner failed to file an Amended Petition according to Board Rules.
|
|
|
12/14/09
|
City of New York Department of Juvenile Justice (Horizon Juvenile Center)
|
Withdrawal of Petition approved pursuant to Board rule 65.15.
|
|
|
12/14/09
|
Dwight Warrington
|
Withdrawal of Petition approved pursuant to Board rule 65.15.
|
|
|
12/14/09
|
Cigaldi Corp.
|
Certification of Assumed Name - Approved.
|
|
|
12/14/09
|
Putnam County Sheriff's Department Police Benevolent Assn., Inc.
|
Certification of Incorporation - Approved.
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November 2009
***Select docket number for text of full decision (pdf format)*** |
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Docket Number
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Date Issued
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Case Name
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Summary of Board Decision
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11/17/09
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Abdul Wahid and Aniqa Halal Poultry Corp.
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Order against chicken poultry market for unpaid wages and overtime based on employee interviews affirmed but modified. Liquidated damages affirmed. Ref. Mid-Hudson Pam Corp v. Hartnett, 156 AD2d 818. Labor Law 196-1, 663.
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11/17/09
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Carrier Sales and Distribution, LLC (T/A Carrier Northeast)
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Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
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11/17/09
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Sam Hoffman
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Liability of individual who owned 50% of corporation affirmed but civil penalties revoked where there was no testimony how statutory factors were applied. Ref.: Herman v RSR Security Services Ltd., 172 F3d 132 (2d Cir 1999); Labor Law 218.
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11/17/09
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Albert Pelusio Jr. and Rochester Linoleum and Carpet Center, Inc.
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Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
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11/17/09
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Karol Ondra and First Builder Corp.
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Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
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11/17/09
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Sanford J. Mohel and Walsh Limousine Service, Inc.
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Drivers of Limousine Service were employees and not independent contractors and wages and expense reimbursements were due.
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11/17/09
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Georges M. Guenancia and Laurel Lee Rest. Inc. (T/A Cafe Un Deux Trois)
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Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
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11/17/09
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The Abate, Inc. (T/A Elda's on Lark)
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Motion to dismiss untimely Petition granted. Ref.: Labor Law 101
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11/17/09
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Adam Goldschlager and Broadway 159 Wine and Spirits, Inc.
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Petition dismissed where Petitioner failed to file an Amended Petition according to Board Rules.
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11/17/09
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Arthur V. Coppola Jr. and Allbrand Commercial Windows and Doors, Inc.
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Petition dismissed where Petitioner failed to file an Amended Petition according to Board Rules.
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11/17/09
|
Pedro Guzman and Super Value Meat Market Corp. (T/A Super Values)
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Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
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11/17/09
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Joseph Miele and Miele Sanitation Co. NY, Inc.
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Motion to dismiss untimely Petition granted.
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11/17/09
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Todd Friedman
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Petition dismissed where Petitioner failed to file an Amended Petition according to Board Rules.
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11/17/09
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Dan Meat Market Inc. (T/A Dan Supermarket)
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Petition dismissed where Petitioner failed to file an Amended Petition according to Board Rules.
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11/17/09
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Central Labor Rehabilitation Council, Inc.
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Certificate of Dissolution of Corporation - Approved.
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11/17/09
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Capital District Sheet Metal, Roofing and Air Conditioning Contractors
|
Application for Name Change - Approved.
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11/17/09
|
Crunch Union Square, LLC
|
Certification of Incorporation - Approved.
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11/17/09
|
New Paltz Police Association, Inc.
|
Certification of Incorporation - Approved.
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October 2009
***Select docket number for text of full decision (pdf format)*** |
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Docket Number
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Date Issued
|
Case Name
|
Summary of Board Decision
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|
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10/21/09
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Ithaca Estates Realty LLC
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Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
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10/21/09
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Mohammed Abu-Koush and Zahran Abu-Koush and Yasin Abdel-Aziz and Rania Food Corp. (T/A C-Town Supermarket)
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Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
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10/21/09
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Lawrence Goodelman and Lawrence Interiors Inc.,
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Petition dismissed pursuant to Board Rule 65.24 where Petitioner failed to appear at hearing.
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10/21/09
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Ty Perkins D/B/A MK Cann Construction
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Petition dismissed pursuant to Board Rule 65.24 where Petitioner failed to appear at hearing.
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10/21/09
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Guy Lovell and Orin Lovell and Charisma Travel, Inc.
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Petition dismissed pursuant to Board Rule 65.24 where Petitioner failed to appear at hearing.
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10/21/09
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Rocky Napoli
|
Order modified to reflect evidence presented at hearing concerning dates of employment; individual found to be an employer under Hermann v. RSR Sec. Servs. Ltd., 172F3d 132 (2d Cir 1999)
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10/21/09
|
Abdul A. Saadat
|
Livery driver who drove one of the vans leased by Petitioner from livery company was not an independent contractor; Petitioner was an employer and liable for illegal deductions for workers' compensation insurance and uniform.
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10/21/09
|
Donald McLaughlin and DM Oil Corp. (T/A Sunoco)
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Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
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10/21/09
|
Sean Doyle and Residential Reconstruction, Inc.
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Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
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10/21/09
|
Jeanette Fenti and Creative Think Tank Agency, Inc.
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"Freelance" graphic designer who worked for one day was employee of advertising agency and not an independent contractor Ref. Brock v Superior Care, Inc., 840 F2d 1054 (2d Cir 1988).
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10/21/09
|
Major Lamar Banks (T/A Joshua's Men Construction Inc.)
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Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
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|
10/21/09
|
Sandra A. Gonzalez and Puerto Rican Family Institute
|
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
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|
10/21/09
|
Chris Graham and Volland Electric Equipment Corp. (T/A Volland Electric)
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Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
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10/21/09
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Uriel Marrache (T/A Bond Street Tanning A/K/A Color Tanning)
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Petition dismissed pursuant to Board Rule 65.24 where Petitioner failed to appear at hearing.
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|
|
10/21/09
|
Gregory G. Kerber and Wurld Media, Inc.
|
INTERIM DECISION: Bankruptcy proceeding does not stay Board proceeding. Ref. In Re Jerome Pollock, Jr. Stone Artist, Inc., 402 BR 534 (Bktrcy NDNY 2009)
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|
10/21/09
|
Arthur E. Jackson, Jr. and Patrick M. Balkin and David C. Douglas (T/A Jackson, Balkin and Douglas, Attorneys at Law)
|
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
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|
10/21/09
|
Alemnesh Mengesha D/B/A MJM Mini Market
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Petition dismissed as untimely. Five additional days are not added for mailing of Order. Ref. Matter of Business Credit Corp., PR08061 (December 17, 2008).
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10/21/09
|
Steven Sisskind, Abraham Wiesel and The Morgan Mint, Inc. (T/A Volpone Stamp Co., Inc.)
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Petition dismissed as untimely.
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10/21/09
|
Renauld A. Gregg and Andrea Gregg and RAG Development Group Corp.
|
INTERIM: Motion for Reconsideration granted and Board's decision of August 27, 2009 is revoked.
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10/21/09
|
John Rigos and WRQSR Oneida LLC (T/A Subway)
|
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
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10/21/09
|
Chunel Management Services Organization
|
Petition dismissed where Petitioner failed to file an Amended Petition according to Board Rules.
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10/21/09
|
Joseph Williams
|
Petition granted and Petitioner's name removed from Order.
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|
10/21/09
|
Jenny Nguyen D/B/A Luxury Nails
|
Petition dismissed where Petitioner failed to file an Amended Petition according to Board Rules.
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|
10/21/09
|
Zych Enterprises, Inc.
|
Petition dismissed where Petitioner failed to file an Amended Petition according to Board Rules.
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10/21/09
|
Kim Foster and Yesenia Salinas and East River International LLC
|
Petition dismissed where Petitioner failed to file an Amended Petition according to Board Rules.
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|
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10/21/09
|
David S. Erway, Jr. D/B/A Erway's Landscaping and Pond Design
|
Petition dismissed as untimely. Five additional days are not added for mailing of Order. Ref. Matter of Business Credit Corp., PR08061 (December 17, 2008).
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|
10/21/09
|
James DeMartini and DeMartini Oil Equipment Service, Inc.
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Petition withdrawn with Board approval.
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|
10/21/09
|
Robert J. Wolff
|
Petition dismissed where Petitioner failed to file an Amended Petition according to Board Rules.
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|
|
10/21/09
|
Western Regional Off-Track Betting Corporation
|
Petition withdrawn with Board approval.
|
|
|
10/21/09
|
Rome Professional Fire Chief's Association, Inc.
|
Certificate of Incorporation - Approved.
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|
|
10/21/09
|
Union Ocean Shipping Limited
|
Application for Authority to Do Business in New York State - Approved.
|
|
|
10/21/09
|
Local 259 UAW Building Corporation
|
Certificate of Incorporation - Approved.
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|
|
10/21/09
|
Association of Locations Professionals
|
Certificate of Incorporation - Approved.
|
August 2009
***Select docket number for text of full decision (pdf format)*** |
|
Docket Number
|
Date Issued
|
Case Name
|
Summary of Board Decision
|
|
|
8/27/09
|
York Furniture Centers, Inc. D/B/A York Furniture Gallery
|
Order affirmed but modified. Absent agreement to the contrary, draws against commission are only recoverable against future earned commissions and set the employee's minimum compensation. Salary advances and purchases could not be deducted from unpaid wages. Employer may not reduce salary without advance notice.
Refs. Labor Law 193; In re Sherman, 627 F2d 594 (2nd Cir 1980); Royal Distributors Co. v Friedman, 141 NYS2d 786 (1985); Wolfsheimer v Frankel, 115 NYS 958 (1909).
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|
|
8/27/09
|
Nicholas Distante and/or The Di Dis Corporation
|
Petition dismissed pursuant to Board Rule 65.24 where Petitioner failed to appear at hearing.
|
|
|
8/27/09
|
Ricardo J. Ahrens (T/A Ahrens Construction)
|
Order affirmed where employer failed to meet burden to establish that employee was an independent contractor or that, in the absence of records, wages were not due.
|
|
|
8/27/09
|
Catalano Contracting, Inc.
|
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
|
|
|
8/27/09
|
SHC Services, Inc. (T/A Supplemental Health Care)
|
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
|
|
|
8/27/09
|
Alex O. Aliksanyan and WorldMyWay.com Corp.
|
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
|
|
|
8/27/09
|
Tarsem Lall and Himalyan Industries Inc. (T/A Kulja Food Mart)
|
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
|
|
|
8/27/09
|
John Hawkins and Gregory Bauer and ESC Business Solutions, Inc.
|
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
|
|
|
8/27/09
|
Manuel Diaz, Jose Diaz, Queens Circuit Management Corp., Zaid Theatre Corp., Ridgewood Theatre Inc., and Jackson Theatre Corp.
|
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
|
|
|
8/27/09
|
Alan Goldschlager and Broadway 159 Wine and Spirits Inc.
|
INTERIM: Commissioner's motion to dismiss Petition is denied without prejudice and Petitioner is instructed to file an Amended Petition.
|
|
|
8/27/09
|
Anthony Boumoussa and Bay Parkway Super Clean Car Wash, Inc.
|
INTERIM: Board is not authorized to grant stay of entry of judgment on order to comply where Commissioner may not enter judgment during pendency of appeal of order.
Refs.: Labor Law 218, 219, 657, 658.
|
|
|
8/27/09
|
Sam Perkins and Albany Airport HIE, LLC (T/A Holiday Inn Express)
|
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
|
|
|
8/27/09
|
Teresa Ashline and Carol Ashline and Ashline Moving, Inc. (T/A Ashline Moving and Storage)
|
Petition dismissed where Petitioner failed to file an Amended Petition according to Board Rules.
|
|
|
8/27/09
|
Renauld A. Gregg and Andrea Gregg and Rag Development Group Corp.
|
Petition dismissed where Petitioner failed to file an Amended Petition according to Board Rules.
|
|
|
8/27/09
|
Peter J. Mione and Brooklyn Site 3 Corp.
|
Petition dismissed where Petitioner failed to file an Amended Petition according to Board Rules.
|
|
|
8/27/09
|
Penny Roberts and Edwin Rosario and Regina Check Cashing Corp. (T/A Regina Check Cashing and Financial Services)
|
Petition dismissed as untimely.
|
|
|
8/27/09
|
Ricky J. Higby
|
Petition dismissed where Petitioner failed to file an Amended Petition according to Board Rules.
|
|
|
8/27/09
|
Frank Watson
|
Petition withdrawn.
|
July 2009
***Select docket number for text of full decision (pdf format)*** |
|
Docket Number
|
Date Issued
|
Case Name
|
Summary of Board Decision
|
|
|
7/22/09
|
Johnnie Woods (D/B/A Anderson Delivery Service)
|
Petition dismissed pursuant to Board Rule 65.24 where Petitioner failed to appear at hearing.
|
|
|
7/22/09
|
Elim International Inc.
|
Petition dismissed pursuant to Board Rule 65.24 where Petitioner failed to appear at hearing.
|
|
|
7/22/09
|
Adele Nuzzo and Woman's Domain International Inc.
|
Petition dismissed pursuant to Board Rule 65.24 where Petitioner failed to appear at hearing.
|
|
|
7/22/09
|
Borough Park Food Mart LLC
|
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
|
|
|
7/22/09
|
Fleet Maintenance, Inc.
|
Petition dismissed pursuant to Board Rule 65.24 where Petitioner failed to appear at hearing.
|
|
|
7/22/09
|
Cindy Etherton-Belknap (T/A Budget Exteriors)
|
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
|
|
|
7/22/09
|
Van Patten Enterprises, Inc. (T/A Kirby Vacuum)
|
Orders affirmed. Dealers who sold vacuum cleaners door to door were employees of the petitioner, not independent contractors, because the petitioner exercised sufficient control over the dealers' conditions of work. Additionally, the time that the dealers spent in orientation and training prior to engaging in any outside sales is compensable time not subject to the outside sales exemption. However, the amount of the wages due for training time must be modified where evidence showed that the dealers attended an average of 9 hours of unpaid orientation and training, not 24 hours as determined by DOL.
Refs: Brock v Superior Care Inc., 840 F 2d 1054, 1059 [2d Cir 1988]; 12 NYCRR 142-2.14 [c] [5].
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|
|
7/22/09
|
Yet Ji Fong and New Pabellon de Oro Restaurant, Inc.
|
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
|
|
|
7/22/09
|
Michael Loehr and Harvard Business Solutions Group, Inc.
|
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
|
|
|
7/22/09
|
Regency Hotels, LLC (T/A Regency Inn and Suites)
|
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
|
|
|
7/22/09
|
Richard Delledonne
|
Order finding individual petitioner an employer under Articles 6 and 19 of the Labor Law annulled where petitioner demonstrated he was not an employer because he did not exercise sufficient control over the employees.
Refs: Petition of Franbilt, Inc. et al., Docket No. PR 07-019 (July 30, 2008); Herman v. RSR Sec. Servs. Ltd., 172 F3d 132, 139 (2d Cir. 1999).
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|
|
7/22/09
|
Philip Berwald and the Mortgage Bankers Corp. (T/A Mortgage Bankers)
|
Petitioner dismissed where parties notified the Board that the case had settled.
|
|
|
7/22/09
|
Bridge Parking Corp.
|
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
|
|
|
7/22/09
|
Michael Moonan and Donna Milcetic and Garden City Maintenance, Inc.
|
Petitioner landscape and garden company failed to prove that claimant did not work two days where claimant testified as to days and hours and Petitioner's records were incomplete and contradictory.
Ref. Ref. Angello v. Natl. Finance Corp., 1 AD3d 850 (3d Dept 2003).
|
|
|
7/22/09
|
Air Structures American Technologies Inc.
|
Petition dismissed where Petitioner failed to file an Amended Petition according to Board Rules.
|
|
|
7/22/09
|
Donny Graber and Internet Telephone Provider, Inc. (T/A ITP, Inc.)
|
Petition dismissed as untimely.
|
|
|
7/22/09
|
NYS Thruway Authority/NYS Canal Corp. (Lock 9, Rotterdam Junction NY)
|
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
|
|
|
7/22/09
|
Liberty Policemen's Benevolent Association, Inc.
|
Application for Approval of Certificate of Incorporation dismissed for failure to file necessary information.
|
|
|
7/22/09
|
Unioncare, LLC
|
Application for Approval of Certificate of Incorporation dismissed for failure to file necessary information.
|
|
|
7/22/09
|
Bethlehem Police Supervisor's Association, Inc.
|
Certificate of Incorporation - Approved.
|
|
|
7/22/09
|
National Labor Alliance of Health Care Coalitions, Inc.
|
Amendment to Certificate of Incorporation - Approved.
|
|
|
7/22/09
|
Town of Lewisboro Municipal Employees Association, Inc.
|
Certificate of Incorporation - Approved.
|
|
|
7/22/09
|
Great Neck Buildings and Grounds Supervisors Association Inc.
|
Certificate of Incorporation - Approved.
|
|
|
7/22/09
|
EKRA Ltd.
|
Certificate of Incorporation - Approved.
|
June 2009
***Select docket number for text of full decision (pdf format)*** |
|
Docket Number
|
Date Issued
|
Case Name
|
Summary of Board Decision
|
|
|
6/18/09
|
Auto Credit of Poughkeepsie, Inc. (T/A Auto Credit of Dutchess; Sunrise Credit; Roadrunner Auto Sales; Auto Credit Superstores)
|
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
|
|
|
6/18/09
|
Rick Mercendetti and Rainmaster Irrigation Systems, LLP
|
Wage Order affirmed where Petitioner attempted to lower the agreed rate of pay retroactively; Penalty Order revoked where Petitioner provided evidence of keeping payroll records and Commissioner failed to show that records were requested and not furnished.
|
|
|
6/18/09
|
Henry G. Wiliamowski, M.D., P.C.
|
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
|
|
|
6/18/09
|
Michelle Mosher (D/B/A Personal Touch Cleaning Service)
|
Petitioner failed to meet burden of proving that Order was unreasonable or invalid where Petitioner's statements on rate of pay and days worked were inconsistent and not credible.
|
|
|
6/18/09
|
Paul Flanagan and Flanagan Design and Display Inc.
|
Wage Order affirmed where Petitioner's argument that Claimant was not entitled to three weeks' wages due to poor performance is not a valid defense.Ref. Guepet v Intl. TAO Sys., Inc., 110 Misc2d 940 (Sup Ct Nassau County 1981)
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|
|
6/18/09
|
Irving Langer and E and M Associates LLC
|
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
|
|
|
6/18/09
|
Four J's Sportswear Inc.
|
Penalty Order for failure to maintain and furnish payroll records affirmed where Petitioner only had records for two of its six employees.
|
|
|
6/18/09
|
William Mark Dictor and Hanlon Auto Transport Inc.
|
INTERIM: Commissioner's motion to strike certain paragraphs of the petition granted in part, where those paragraphs demonstrated practices that are unlawful deductions from employee wages as a matter of law in violation of Labor Law ss. 193. Specifically, deductions from employee wages for damage or potential damage to the employer's property, withholding wages to penalize an employee for alleged misconduct, and charging a fee to employees who opt for direct deposit of their wages, are violations of Labor Law ss. 193.
|
|
|
6/18/09
|
Helen Edgington and The Spencer Hotel, Inc.
|
Petition dismissed as untimely.
|
|
|
6/18/09
|
Muhammed Riaz and John and Tony's Pizza Express, Inc.
|
Petition dismissed where Petitioner failed to file an Amended Petition according to Board Rules.
|
|
|
6/18/09
|
Knockout Renovation, Inc.
|
Petition dismissed where Petitioner failed to file an Amended Petition according to Board Rules.
|
|
|
6/18/09
|
Jason Witover and 5 Star Home Improvement Inc. (T/A Green Machine Lawn Maintenance Inc.
|
Petition dismissed as untimely.
|
|
|
6/18/09
|
Precision Limousine Intl Inc.
|
Petition dismissed where Petitioner failed to file an Amended Petition according to Board Rules.
|
|
|
6/18/09
|
Hibiscus Flowers, Inc.
|
Petition dismissed where Petitioner failed to file an Amended Petition according to Board Rules.
|
|
|
6/18/09
|
Roy B. Construction Co. LLC
|
Petition dismissed where Petitioner failed to file an Amended Petition according to Board Rules.
|
|
|
6/18/09
|
Civil Service Employees Association, Inc. Local 1000, AFSCME, AFL-CIO
|
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
|
|
|
6/18/09
|
Local 313, IUE-CWA, AFL-CIO (Dresser-Rand Corp.)
|
Petition withdrawn.
|
|
|
6/18/09
|
Greece Uniformed Fire Officers Association, Local 4640, IAFF, ALF-CIO, Inc.
|
Certificate of Incorporation - Approved.
|
May 2009
***Select docket number for text of full decision (pdf format)*** |
|
Docket Number
|
Date Issued
|
Case Name
|
Summary of Board Decision
|
|
|
05/20/09
|
Hand Held Films, Inc.
|
Complainant was due overtime where Petitioner failed to meet its burden that Complainant camera technician was an exempt management employee; calculation of unpaid overtime wages due based on employee estimate was reasonable where employer failed to have records.
|
|
|
05/20/09
|
Frank Buonanotte and Crossings Recovery Systems, Inc.
|
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15
|
|
|
05/20/09
|
William Huo and/or China Cove, Inc. (T/A Cove Diner)
|
Petition dismissed pursuant to Board Rule 65.24 where Petitioner failed to appear at hearing.
|
|
|
05/20/09
|
William Huo and/or Suntech II International, Inc. (T/A Wave)
|
Petition dismissed pursuant to Board Rule 65.24 where Petitioner failed to appear at hearing.
|
|
|
05/20/09
|
William Huo and/or Suntech II International, Inc. (T/A Pac Rim)
|
Petition dismissed pursuant to Board Rule 65.24 where Petitioner failed to appear at hearing.
|
|
|
05/20/09
|
S. Federowicz Concrete Const., Inc. (T/A Federowicz Concrete)
|
Petition dismissed pursuant to Board Rule 65.24 where Petitioner failed to appear at hearing.
|
|
|
05/20/09
|
Mohammed Aldeen and Island Farm Meat Corp. (T/A Al-Noor Live Poultry)
|
Order to pay unpaid wages was reasonable even though it was based on employee interviews where employer failed to have records and employee testimony at the hearing was not credible or sufficiently specific to meet employer's burden to prove that the order was invalid or unreasonable.
Ref.: Mid-Hudson Pam Corp. v. Hartnett, 156 AD2d 818 (3d Dept 1989); Anderson v. Mt. Clemens Pottery Co., 328 US 680 (1949).
|
|
|
05/20/09
|
Shahyer Hussain d/b/a Hideaway Motel of Saratoga
|
Petition dismissed pursuant to Board Rule 65.24 where Petitioner failed to appear at hearing.
|
|
|
05/20/09
|
Jose Perez and Jose A. Fernandez and La Granja Poultry Corp.
|
Petition withdrawn.
|
|
|
05/20/09
|
Keith Ryan and KR Communications, LLC
|
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15
|
|
|
05/20/09
|
Jose Perez and Jose A. Fernandez and La Granja Poultry No. 2 Inc.
|
Petition withdrawn.
|
|
|
05/20/09
|
Alon Hen and Integrity Collision and Towing Inc.
|
Order affirmed. Commissioner's order finding petitioner towing company was the employer of claimant tow truck driver was reasonable where there was no evidence that the claimant operated his own company, and where the evidence showed that petitioner exercised control over the claimant by determining work schedule and rate of compensation, dispatching service calls to the claimant and providing him with equipment needed to perform the work.
Refs: Labor Law 190; Labor Law 191; Brock v. Superior Care, Inc., 840 F2d 1054 (2d Cir 1988).
|
|
|
05/20/09
|
Frank Adamo and La Famiglia Trattoria, Inc. (T/A La Famiglia Trattoria)
|
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15
|
|
|
05/20/09
|
Brian K. Sawn (T/A All in One Contracting)
|
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15
|
|
|
05/20/09
|
Louis Cacace and SV Video Service, Inc.
|
Petition dismissed as untimely.
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|
|
05/20/09
|
Christy Ullman
|
Petition dismissed where Petitioner failed to file Amended Petition according to Board rules.
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|
05/20/09
|
Chris Martirano and Dennis Holliwell and Milan Maintenance, Inc.
|
Petition withdrawn.
|
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|
05/20/09
|
Vincenzo Caruso (T/A V. Caruso Imports)
|
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15
|
|
|
05/20/09
|
Mateusz J. Nadolecki
|
Determination affirmed. Petitioner failed to meet his burden to prove that a determination of the Commissioner to take no further action on his discrimination complaint under the Public Employee Safety and Health Act (PESHA) was unreasonable or invalid where the evidence demonstrated that the Department of Labor's investigation of the Petitioner's claim was reasonable. The Board's role was not to determine whether the Petitioner was discriminated against, but whether the Commissioner's determination that he was not discriminated against was reasonable. That the record contained some evidence which may give rise to another conclusion is not sufficient to find that the determination was unreasonable.
Refs: Labor Law 27-a (10) (a); Matter of Brian Colella, Docket No. PES 04-004 (August 22, 2007); McDonnell Douglas Corp. v. Green, 411 U.S. 792 (1972); Price Waterhouse v. Hopkins, 490 U.S. 228 (1989); Dept of Correctional Services v. Division of Human Rights, 238 AD2d 704 (3d Dept. 1997).
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05/20/09
|
Babylon Vill Hwy and Sanitation
|
Petition dismissed where Petitioner failed to file Amended Petition according to Board rules.
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|
05/20/09
|
Fire Department of the City of New York (9 Metrotech Center)
|
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15
|
|
|
05/20/09
|
West Islip Secretarial Employees, Inc.
|
Certificate of Incorporation - Approved.
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|
|
05/20/09
|
Union Land, Inc.
|
Application of Foreign Corporation for authority to do business in New York - Approved.
|
|
|
05/20/09
|
International Trade Union Confederation Ltd.
|
Certificate of Incorporation - Approved.
|
|
|
05/20/09
|
United Federation of Retail and Wholesale Workers of America, Inc.
|
Certificate of Incorporation - Approved.
|
April 2009
***Select docket number for text of full decision (pdf format)*** |
|
Docket Number
|
Date Issued
|
Case Name
|
Summary of Board Decision
|
|
|
04/22/09
|
John Candlin (T/A The Farm at Saugerties)
|
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15
|
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|
04/22/09
|
Marshall Greenberg and Marilyn Greenberg and Sol Greenberg and Son International, Inc.
|
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15
|
|
|
04/22/09
|
OGTP, Inc.
|
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15
|
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|
04/22/09
|
Sawn Motel Corp. (T/A Econo Lodge and Quality Inn)
|
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15
|
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|
04/22/09
|
Armin Koglin and Mr. Ham, Inc.
|
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15
|
|
|
04/22/09
|
Akber H. Hassam (T/A Dr. Akber H. Hassam, M.D.)
|
INTERIM: Motion to dismiss petition as untimely denied where Board ordered Petitioner to file an amended petition to clarify issues after 60 day appeal period expired but original letter of appeal was timely. Board had discretion to allow late filing of Amended Petition where no prejudice was shown.
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|
|
04/22/09
|
Michael Liberatos (D/B/A Mike's Store)
|
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15
|
|
|
04/22/09
|
Robert Demento and Brooks Provisions LLC (T/A Brooks Provisions)
|
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15
|
|
|
04/22/09
|
Union of Progressive Zionists/ J Street Education Fund, Inc.
|
Application to Change Corporate Name - Approved.
|
|
|
04/22/09
|
Social Workers Association Corp.
|
Certificate of Incorporation - Approved.
|
|
|
04/22/09
|
V.J.R. Management Corporation of America/ Union Transportation Services
|
Certificate of Assumed Name - Disapproved.
|
|
|
04/22/09
|
Union Labor Health Care Coalition, Inc./ National Labor Alliance of Health Care Coalitions, Inc.
|
Proposed Name Change - Approved.
|
|
|
04/22/09
|
Brooklyn Van Industry Association Inc.
|
Certificate of Incorporation - Approved.
|
March 2009
***Select docket number for text of full decision (pdf format)*** |
|
Docket Number
|
Date Issued
|
Case Name
|
Summary of Board Decision
|
|
|
03/25/09
|
La Simpatia Supermarket Corp.
|
Order to pay wages affirmed where Petitioner presented no evidence at hearing other than verified petition.
|
|
|
03/25/09
|
Eugene Domenico (dba Eugene Domenico Phd.)
|
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15
|
|
|
03/25/09
|
D and J Contracting of W.N.Y. Inc. (T/A Regional Concrete)
|
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15
|
|
|
03/25/09
|
Ramon Gonzales and Ramon Rodriguez and 261A Nassau Grocery Corp.
|
Order to pay wages to two employees affirmed but modified to eliminate liability of one individual employer for first claimant's wages where individual was not associated with the business when first claimant was employed. Ref. Herman v. RSR Sec. Servs. Ltd.,172 F.3d 132 (2d Cir 1999).
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|
|
03/26/09
|
James McDermott and Christopher Marconi and Descon Woodworking Co. LLC
|
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.
|
|
|
03/25/09
|
Meyer and Meyer of NY, Inc. (dba Green Gate and French Kiss Restaurant, Pub, Creperie)
|
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15
|
|
|
03/25/09
|
Marc Hochlerin and Ace Audio Video Inc. (T/A Ace Audio-Visual Co. and Ace Communication)
|
Order for payment of vacation and sick pay affirmed where employer failed to provide records or produce evidence that vacation or sick pay had been taken but the order was modified to reflect a reduced base rate of pay; civil penalties reduced.
|
|
|
03/25/09
|
Paul Coppa and/or Ten's Cabaret Inc.
|
INTERIM: Commissioner's Motion to Dismiss Petitions as untimely denied where Order was not served on attorneys for employer as required by Executive Law 168 since the attorneys filed a notice of appearance with the Department of Labor after which all communications, except the Order, were solely with the attorneys.
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|
|
03/25/09
|
Kimberly Knits
|
Petition dismissed as untimely.
|
|
|
03/25/09
|
Goy Lovell and Orin Lovell and Charisma Travel Inc.
|
INTERIM: Commissioner's Motion to Dismiss Petition partially granted since allegation that one of the employees due wages is in the United States illegally and provided false documentation is not a defense to claim for unpaid wages.
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|
|
03/25/09
|
Marathon Food Group LLP (T/A Zest Restaurant)
|
Petition dismissed pursuant to Board Rule 65.24 where Petitioner failed to appear at hearing.
|
|
|
03/25/09
|
Dovie Sperlin and Hardware Express Corp. (T/A Hardware Express True Value)
|
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15
|
|
|
03/25/09
|
Susan Walsh (T/A Hart Salon and T/A Hart and Company Salon and Day Spa)
|
Petition dismissed as untimely.
|
|
|
03/25/09
|
Laszlo Keszthelyi and Igor Construction Corp.
|
Petition dismissed as untimely.
|
|
|
03/25/09
|
Dennis Dumbleton and Dumbleton Used Auto Parts, Inc. (T/A Dumbleton Used Auto Parts)
|
Petition dismissed as untimely.
|
|
|
03/25/09
|
July 4 Ever Inc. and Vincent Esposito
|
Determination's finding that fireworks within a box truck were not in transit, but were improperly stored is sustained; findings that Petitioners misrepresented on explosives license renewals that they did not have employees and on permits for display fireworks that they had certain insurance were vacated as not supported by substantial evidence or law. Order modified by substituting the penalty of suspension for the penalty of revocation of explosives license and explosives magazine certificates. Revocation was determined to be unreasonably harsh.
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|
|
03/25/09
|
The Union of Progressive Zionists (J Street Education Fund)
|
Application to Change Corporate Name - Approved.
|
|
|
03/25/09
|
Apu USA, Inc. (Arondizuogu Patriotic Union, NY, NJ, CT)
|
Certificate of Incorporation - Approved.
|
January 2009
***Select docket number for text of full decision (pdf format)*** |
|
Docket Number
|
Date Issued
|
Case Name
|
Summary of Board Decision
|
|
|
1/28/09
|
Crystal DeLorenzo dba Wade Travel Agency
|
Order modified to change name of employer; order to pay commissions affirmed but civil penalty reduced.
|
|
|
1/28/09
|
Hakman Choi and Soon Cheol and Joyco USA Ltd.
|
Order to pay wages affirmed in part based on employer's inability to overcome burden of proof and modified in part based on credibility determination. Ref. Angello v. Nat'l Fin. Corp., 1 AD3d 850 (3d Dept 2003).
|
|
|
1/28/09
|
David Joseph Sheeran and D.J.S. W 44th Cafe Inc. (T/A Bull Moose Saloon)
|
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15
|
|
|
1/28/09
|
Jin Hong Wu and Ya Qian Tan and New Pinang Corp.
|
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15
|
|
|
1/28/09
|
Joseph R. Greco and the Golden Fox Ltd.
|
Petition dismissed pursuant to Board Rule 65.24 where Petitioner failed to appear at hearing.
|
|
|
1/28/09
|
Richard Chesser and Steamer #10 Theater, Inc.
|
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15
|
|
|
1/28/09
|
Out of the Box, Inc.
|
Petition dismissed pursuant to Board Rule 65.24 where Petitioner failed to appear at hearing.
|
|
|
1/28/09
|
Joseph P. Doyen and Darsi L. Doyen dba Darsi's (T/A Darsi's Grape Country Kitchen)
|
Petition dismissed as untimely.
|
|
|
1/28/09
|
Sutter's Mill and Mining Co., Inc. (T/A Sutter's Mining Company)
|
Petition dismissed where Petitioner failed to file Amended Petition according to Board rules.
|
|
|
1/28/09
|
Hye Ran Park and Chan Hyuk Park and Tae-Ok Park and Shin Po USA Corp.
|
Petition dismissed as untimely.
|
|
|
1/28/09
|
Tim McKenna and Tim McKenna Construction, Inc.
|
Petition dismissed where Petitioner failed to file Amended Petition according to Board rules.
|
|
|
1/28/09
|
Ramjit Hermraj and Elite Accounting Services, Inc.
|
Petition dismissed as untimely.
|
|
|
1/28/09
|
Robert J. Wolff
|
Petition dismissed pursuant to Board Rule 65.24 where Petitioner failed to appear at hearing.
|
|
|
1/28/09
|
Mateus Nadolecki
|
Withdrawal of Petition approved.
|
|
|
1/28/09
|
Dr. Devasia John
|
Petition dismissed where Petitioner failed to file Amended Petition according to Board rules.
|
|
|
1/28/09
|
Coney Island Council for Service for the Aged, Inc.
|
Certificate of Incorporation - Approved.
|
December 2008
***Select docket number for text of full decision (pdf format)*** |
|
Docket Number
|
Date Issued
|
Case Name
|
Summary of Board Decision
|
|
|
12/17/08
|
Frank R. Kline, Nicholas C. Memmo, Klaus Koch, Stephen D. Weinroth and Joseph Ferguson
|
Orders to pay wages modified to remove names of individual petitioners where sole theory of liability was based on shareholder liability under Business Corporations Law 630.
|
|
|
12/17/08
|
James Barnes and/or Digicon Imaging, Inc.
|
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15
|
|
|
12/17/08
|
Eric L. Courtwright, and Keith J. Furman, and Kelly F. Gay, and Antonio Wilson, and GPS-Infinite Worldwide Inc., and Infinite Worldwide LLC
|
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15
|
|
|
12/17/08
|
Alden Equities, Ltd. (T/A Metro Triton Realtors; a/k/a Triton Homes)
|
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15
|
|
|
12/17/08
|
David Shehadeh and 4121 Church Meat Corp. (T/A Associated Supermarket)
|
Order imposing $500 penalty for failure to register as apparel contractor upheld where Petitioner failed to provide all necessary documentation supporting registration application and registration was never issued.
|
|
|
12/17/08
|
Alden Equities, Ltd. (T/A Metro Triton Realtors; a/k/a Triton Homes)
|
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15
|
|
|
12/17/08
|
Four J's Sportswear Corp.
|
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15
|
|
|
12/17/08
|
Fouad Jrada and Mona Jrada and JLM Variety Inc. (T/A Casa Rosa)
|
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15
|
|
|
12/17/08
|
Ira Holm and RSI, Inc. and RISC Midland Ave. Corp.
|
Order against individual Petitioner upheld where he hired, trained, supervised and controlled the employee as well as signed her paycheck. Ref. Herman v. RSR Sec. Servs. Ltd., 172 F3d 132, 139 (2d Cir 1999)
|
|
|
12/17/08
|
Danny G. Dunn and Dunn Auto Parts Inc.
|
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15
|
|
|
12/17/08
|
Maria Olivieri and Michael Olivieri and 37th Avenue Trucking Inc. (T/A Corona Fuel Oil and Ice)
|
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15
|
|
|
12/17/08
|
Alban C. Burke and Castle Hill Dental, PC
|
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15
|
|
|
12/17/08
|
Norman Carnoil and Business Credit Corp.
|
Petition dismissed as untimely where it was not filed within 60 days of issuance of the Order. There is no provision for adding 5 days to limitations period where Order is served by mail.
Ref. Board Rule 65.3.
|
|
|
12/17/08
|
Kenneth M. Ahrem and Streamline Mortgage Corp.
|
Petition dismissed where Petitioner failed to file Amended Petition according to Board rules.
|
|
|
12/17/08
|
RAM Hotels, Inc. (T/A Rodeway Inn)
|
INTERIM: Petition for reconsideration granted where Petition had been dismissed for failure to file an amended Petition where supporting affidavit alleged failure to received Board's request for an amended Petition and past conduct indicated that Petitioner would not have ignored Board's request if it had received it.
|
|
|
12/17/08
|
Krysztof Pogorzelski and K. Construction Co., Inc.
|
Petition dismissed where Petitioner failed to file Amended Petition according to Board rules.
|
|
|
12/17/08
|
Jimbo Gymnastics Inc.
|
Petition dismissed where Petitioner failed to file Amended Petition according to Board rules.
|
|
|
12/17/08
|
NYC Department of Transportation (5 Dubois Avenue, Staten Island, NY)
|
PESH Citations for failure to comply with Part VI of the Manual on Uniform Traffic Control Devices (MUTCD) during road repair were revoked where DOL failed to specify with particularity the standards it alleged were violated. Citations may only be issued for violations of MUTCD Standards and not Guidance Statements.
Ref; Labor Law 27-a (6) (a).
|
November 2008
***Select docket number for text of full decision (pdf format)*** |
|
Docket Number
|
Date Issued
|
Case Name
|
Summary of Board Decision
|
|
|
11/19/08
|
Carl's Contracting Inc.
|
Petition dismissed pursuant to Board Rule 65.24 where Petitioner failed to appear at hearing.
|
|
|
11/19/08
|
My Service Center, Inc.
|
Orders upheld finding that Petitioner made illegal deductions from an employee's wages in violation of Labor Law 193, failed to pay overtime in violation of Article 19 of the Labor Law, and did not keep required records in violation of Labor Law 661. Employee's primary duty was not management and therefore he was not a bona fide executive exempt from overtime. It was unlawful deduction from wages in violation of Labor Law 193 for Petitioner to deduct the cost to repair vehicles damaged by the employee from the employee's wages. Refs: 12 NYCRR 132-2.14 (c); Labor Law 193; Wetzel Services v. Industrial Board of Appeals, 252 AD2d 312 (3d Dep't 1998); Donovan v. Burger King Corp., 675 F2d 516 (2d Cir. 1982); Matter of Claim of La France, 173 AD2d 989 (2d Dept. 1991).
|
|
|
11/19/08
|
Witmer Transport, Inc.
|
Petition dismissed pursuant to Board Rule 65.24 where Petitioner failed to appear at hearing.
|
|
|
11/19/08
|
Titan Wrecking and Environmental, LLC.
|
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15
|
|
|
11/19/08
|
New York Harm Reduction Educators, Inc.
|
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15
|
|
|
11/19/08
|
Dental Excellence of New York, LLP
|
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15
|
|
|
11/19/08
|
Kenneth C. Lee (T/A Shoreland Capital LLC)
|
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15
|
|
|
11/19/08
|
New Century Mortgage
|
Petition dismissed where Petitioner failed to file Amended Petition according to Board rules.
|
|
|
11/19/08
|
Thedoro Vasquez and Theo and Sons Construction Corp. (T/A Theo Construction)
|
Petition dismissed where Petitioner failed to file Amended Petition according to Board rules.
|
|
|
11/19/08
|
Phyllis Marcus and Marcus Law Group PLLC
|
Withdrawal of Petition approved.
|
|
|
11/19/08
|
City Wide Decorating, LLC
|
Petition dismissed where Petitioner failed to file Amended Petition according to Board rules.
|
|
|
11/19/08
|
Sulakhan Singh and Earth Development and Construction Group, Inc.
|
Petition dismissed as untimely.
|
|
|
11/19/08
|
Heritage Union Services, LLC
|
Proceeding discontinued for failure to file necessary paperwork.
|
|
|
11/19/08
|
Associate Musicians Metropolitan Opera Inc.
|
Certificate of Incorporation - Approved.
|
|
|
11/19/08
|
Crew Cuts Sound, Inc. (Sonic Union, Inc.)
|
Certificate of Incorporation - Approved.
|
October 2008
***Select docket number for text of full decision (pdf format)*** |
|
Docket Number
|
Date Issued
|
Case Name
|
Summary of Board Decision
|
|
|
10/22/08
|
Kennth Andersson New York, Ltd.
|
Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15
|
|
|
10/22/08
|
Lifeplex Monroe, LLC (T/A Lifeplex Health Club)
|
Petition dismissed where Petitioner failed to file Amended Petition according to Board rules.
|
|
|
10/22/08
|
Xian Hua Qui (D/B/A Wong's Kitchen)
|
Stipulation of Settlement and withdrawal of Petition pursuant to Board Rule 65.15.
|
|
|
10/22/08
|
Parente's Landscape Gardeners Inc.
|
Stipulation of Settlement and withdrawal of Petition pursuant to Board Rule 65.15.
|
|
|
10/22/08
|
Nathan Rosenblatt and Ashland Maintenance Corp. (T/A Ashar Cleaning Corp.)
|
INTERIM: Commissioner's motion to dismiss Petition denied. Pleadings must be liberally construed and defects ignored in the absence of prejudice to the non-moving party. The Petition sufficiently notified the Commissioner that the Petitioners denied owing wages and contested individual liability. Petitioners are directed to file an Amended Petition conforming with 12 NYCRR 66.3.
Refs: Estate of Unterweiser v. Town of HempsteadI, 235 AD2d 453 (2d Dept. 1997); Bernberg v. Health Management Systems, Inc., 303 AD2d 348 (2d Dept. 2003); 12 NYCRR 66.3.
|
|
|
10/22/08
|
Kamran Malekan and Il Prezzemolo, Inc. (T/A Joe's Pizza)
|
Order modified. Petitioners partially met their burden of proof by demonstrating that Claimant worked less hours than set forth in Order; however, Petitioner still owed overtime wages to Claimant who worked over 40 hours per week and was paid by weekly salary.
Refs: 12 NYCRR 137-1.3; 12 NYCRR 137-3.5.
|
|
|
10/22/08
|
New York State Thruway Authority/New York State Canal Corp.
|
INTERIM: Petitioner's motion to set aside Commissioner's Order on the grounds that Petitioner was denied the opportunity for a Board hearing within a reasonable time denied where Petitioner failed to establish substantial prejudice where delay in responding to subpoenas and discovery demands and confusion as to notice of violations was correctable.
Commissioner ordered to produce further documents, responses and privilege logs in response to Petitioner's discovery demands. In camera inspection of privileged documents ordered.
Petitioner given right to renew its objection that it had inadequate notice of certain violations that Petitioner asserts were unrelated to the standard for which it obtained a variance and the conditions imposed by the variance.
Board orders striking of multiple violations issued for the same hazardous condition.
|
|
|
10/22/08
|
Village of Cold Spring Police Benevolent Assn., Inc.
|
Certificate of Incorporation - Approved.
|
|
|
10/22/08
|
A.T. West 16th Enterprises, Ltd. D/B/A Union Prime
|
Certificate of Assumed Name - Approved.
|
|
|
10/22/08
|
Eastchester Professional Firefighters Local 916, Inc.
|
Certificate of Incorporation - Approved.
|
September 2008
***Select docket number for text of full decision (pdf format)*** |
|
Docket Number
|
Date Issued
|
Case Name
|
Summary of Board Decision
|
|
|
9/24/08
|
Angela Jay Masonry and Concrete, Inc.
|
Unpaid wage Order upheld where employer failed to keep required records and evidence produced at hearing of hours worked by employee was incomplete, general and conclusory; DOL properly relied on employee complaints in determining wages owed per Labor Law 196-a and investigation was not insufficient. Ref. Angello v. National Finance Corp., 1 AD3d 850 (3d Dept 2003)
|
|
|
9/24/08
|
Junin Corp. (T/A La Guli Pastry Shop)
|
Stipulation of Settlement and withdrawal of Petition pursuant to Board Rule 65.15.
|
|
|
9/24/08
|
The Altamont Program, Inc.
|
Stipulation of Settlement and withdrawal of Petition pursuant to Board Rule 65.15.
|
|
|
9/24/08
|
Gary Yorke and/or Pristine Plumbing and Heating, Inc.
|
Complainant was not a bona fide executive or a partner and therefore entitled to file an unpaid wage claim with the Commissioner pursuant to Article 6. Discussion of factors used in determining bona fide executive. Ref. Pachter v. Bernard Hodes Group, Inc., 10 NY3d 609 (2008).
|
|
|
9/24/08
|
Uncle Sam's House, Inc.
|
Order affirmed. Petitioner produced no evidence that it was an approved rehabilitation program under 12 NYCRR 142-2.13. Therefore, deductions taken by the Petitioner from program participants' wages for program fees, transportation costs, and key deposits are unlawful deductions from wages under Labor Law 193.
Additionally, Petitioner did not meet its burden to show that it did not owe wages to one named employee.
Refs: Labor Law 193; Labor Law 190 (3); Labor Law 651 (6).
|
|
|
9/24/08
|
DJ Fashions LLC
|
Stipulation of Settlement and withdrawal of Petition pursuant to Board Rule 65.15.
|
|
|
9/24/08
|
Clove Excavators Inc.
|
Stipulation of Settlement and withdrawal of Petition pursuant to Board Rule 65.15.
|
|
|
9/24/08
|
Leadership Training Inc. (T/A Leadership Training Institute)
|
Stipulation of Settlement and withdrawal of Petition pursuant to Board Rule 65.15.
|
|
|
9/24/08
|
Mosshik Regev and Eldand Amrani and Metro Home Sales Inc. and Metro Home Sales Realty, LLC
|
Stipulation of Settlement and withdrawal of Petition pursuant to Board Rule 65.15.
|
|
|
9/24/08
|
Elli Buk
|
Stipulation of Settlement and withdrawal of Petition pursuant to Board Rule 65.15.
|
|
|
9/24/08
|
Motion to dismiss Petition as untimely granted.
|
Motion to dismiss Petition as untimely granted.
|
|
|
9/24/08
|
Borough Park Food Mart, LLC
|
INTERIM: Motion to dismiss Petition as untimely was denied where the initial Petition was filed within 60 days of the Order and later clarified by amendment per Board Rule 65.13. Ref. Angello v. National Finance Corp., 1 AD3d 850 (3d Dept 2003).
|
|
|
9/24/08
|
Astro Moving and Storage Co., Inc.
|
Stipulation of Settlement and withdrawal of Petition pursuant to Board Rule 65.15.
|
|
|
9/24/08
|
Foster Properties, LLC (T/A Maggie's Pub)
|
INTERIM: Motion to dismiss Petition as untimely was denied where the initial Petition was filed within 60 days of the Order and later clarified by amendment per Board Rule 65.13. Although amendment was beyond due date, Board has discretion to allow late amendment where there is no prejudice. Ref. Angello v. National Finance Corp., 1 AD3d 850 (3d Dept 2003).
|
|
|
9/24/08
|
Clayton C. Thomas and Massive and Crew Inc.
|
Stipulation of Settlement and withdrawal of Petition pursuant to Board Rule 65.15.
|
|
|
9/24/08
|
Mikal Abdur Rahim and Cheryl R. Howard Tyler and Al-Qiyamat Security Inc.
|
Stipulation of Settlement and withdrawal of Petition pursuant to Board Rule 65.15.
|
|
|
9/24/08
|
Caffe La Notte Ltd.
|
Stipulation of Settlement and withdrawal of Petition pursuant to Board Rule 65.15.
|
|
|
9/24/08
|
RAM Hotels, Inc.
|
Petition dismissed pursuant to Board Rule 65.13 where Petitioner failed to file an Amended Petition.
|
|
|
9/24/08
|
Barbara Ziemba (T/A Ziemba's Farm)
|
Commissioner's Order withdrawn.
|
|
|
9/24/08
|
Timothy Ziemba (T/A Violet Hill Farms)
|
Commissioner's Order withdrawn.
|
|
|
9/24/08
|
Clearview Diagnostics LLC
|
Petition dismissed pursuant to Board Rule 65.13 where Petitioner failed to file an Amended Petition.
|
|
|
9/24/08
|
Kenny Thomas and Sunrise Roofing, Inc.
|
Petition dismissed pursuant to Board Rule 65.13 where Petitioner failed to file an Amended Petition.
|
|
|
9/24/08
|
K.P. II
|
Petition dismissed pursuant to Board Rule 65.13 where Petitioner failed to file an Amended Petition.
|
|
|
9/24/08
|
Graphic Arts, Inc.
|
Withdrawal of Petition pursuant to Board Rule 65.15.
|
|
|
9/24/08
|
Joel Shanks
|
Withdrawal of Petition pursuant to Board Rule 65.15.
|
|
|
9/24/08
|
Nassau County Correctional Center (B Building and 832/E Building, 100 Carmen Avenue, East Meadow)
|
Stipulation of Settlement and withdrawal of Petition pursuant to Board Rule 65.15.
|
|
|
9/24/08
|
July 4 Ever, Inc. and Vincent Esposito
|
INTERIM: Petitioner's Stay Application denied.
|
|
|
9/24/08
|
Marlborough Town Police Benevolent Association, Inc.
|
Certificate of Incorporation - Approved.
|
|
|
9/24/08
|
NYS Courts Police Benevolent Association, Inc.
|
Certificate of Incorporation - Approved.
|
|
|
9/24/08
|
Teachers for a Just Contract
|
Certificate of Incorporation - Approved.
|
|
|
9/24/08
|
Clinton County Deputy Sheriff's Police Benevolent Association, Inc.
|
Certificate of Incorporation - Approved.
|
|
|
9/24/08
|
Bricklayers and Allied Craftworkers Local 5 Realty Corporation
|
Certificate of Incorporation - Approved.
|
|
|
9/24/08
|
Bricklayers and Allied Craftworkers Local 5 Realty Corporation
|
Certificate of Incorporation - Approved.
|
July 2008
***Select docket number for text of full decision (pdf format)*** |
|
Docket Number
|
Date Issued
|
Case Name
|
Summary of Board Decision
|
|
|
7/30/08
|
The Batavia Grace Ann Foundation (T/A Mary's Grace School)
|
Stipulation of Settlement and withdrawal of Petition pursuant to Board Rule 65.15.
|
|
|
7/30/08
|
Franbilt, Inc. and/or Thomas J. Barnes, and/or Michael J. Burns
|
The owner and sole shareholder of a fabrication and machine company is an employer where he has hiring authority (even if unexercised), and oversight of decisions such as pay rate. The former CFO (with no ownership interest) of the same company is not an employer when he had no authority or control during the time period in question. Refs., Chu Chung v. The New Silver Palace Rest., Inc., 272 F Supp 2d 314; Herman v. RSR Sec. Servs. Ltd., 172 F3d 132 (2d Cir 199)
|
|
|
7/30/08
|
Apple Sports Wear, Inc.
|
Order against apparel retailer modified where credible proof at hearing reduced hours worked by Complainant
|
|
|
7/30/08
|
R2 Enterprises, Inc.
|
Stipulation of Settlement and withdrawal of Petition pursuant to Board Rule 65.15.
|
|
|
7/30/08
|
Gerald E. Reinhardt (D/B/A Reinhardt Machine Products)
|
Stipulation of Settlement and withdrawal of Petition pursuant to Board Rule 65.15.
|
|
|
7/30/08
|
Young Kim and Uniserv Group, Inc. (T/A Launderiffic)
|
Stipulation of Settlement and withdrawal of Petition pursuant to Board Rule 65.15.
|
|
|
7/30/08
|
Gregory J. Ahl and AHL tone Communications, Inc.
|
Stipulation of Settlement and withdrawal of Petition pursuant to Board Rule 65.15.
|
|
|
7/30/08
|
Bella Krementsova and Polishmaid, Inc.
|
Order against maid service for unpaid wages upheld where Petitioner failed to keep required records or show proof of payment to employee. Refs., Angello v. Natl. Fin. Corp., 1 AD 3d 850 [3d Dept 2003]; Matter of Mid Hudson Pam Corp. v. Hartnett, 156 AD 2d 818 (3d Dept 1989); Maggione v. Bero Constr. Corp., 106 Misc 2d 384 (Sup. Ct. Seneca County 1980)
|
|
|
7/30/08
|
Diharam Singh and Efficient Auto Collision Repair, Inc.
|
Petition dismissed as untimely.
|
|
|
7/30/08
|
Carlo Lauro and Arrowhead Pond Farm, Inc. (T/A Animales and Aves De Granja)
|
Petition dismissed as untimely.
|
|
|
7/30/08
|
Yankee Scoops, Inc.
|
Petition dismissed where Petitioner failed to file Amended Petition according to Board rules.
|
|
|
7/30/08
|
Jose Perez and El Salvador Parking, Inc. (T/A El Salvador Parking Corp.)
|
Stipulation of Settlement and withdrawal of Petition pursuant to Board Rule 65.15.
|
|
|
7/30/08
|
Jose Perez and Puma Properties Inc. (T/A Puma Properties Inc.)
|
Stipulation of Settlement and withdrawal of Petition pursuant to Board Rule 65.15.
|
|
|
7/30/08
|
Jose Perez (T/A Santa Barbara Parking Lot)
|
Stipulation of Settlement and withdrawal of Petition pursuant to Board Rule 65.15.
|
|
|
7/30/08
|
La Union, Inc.
|
Certificate of Incorporation - Disapproved.
|
June 2008
***Select docket number for text of full decision (pdf format)*** |
|
Docket Number
|
Date Issued
|
Case Name
|
Summary of Board Decision
|
|
|
6/25/08
|
Urban Renewal Committee of South Jamaica, Inc.
|
Order for payment of wages against non-profit corporation was modified to the extent that the employer was able to establish that part of the employee's claim was paid but otherwise upheld where employer's records were inadequate because work packing up business was compensable although such work was not within the employee's normal duties.
|
|
|
6/25/08
|
Leah Wilen and Darren Wilen
|
Order for payment of wages to domestic worker was upheld but modified where employers credibly testified that employee worked 5 days instead of 6, despite lack of records.
|
|
|
6/25/08
|
JLJ Sportswear, Inc.
|
Stipulation of Settlement and withdrawal of Petition pursuant to Board Rule 65.15.
|
|
|
6/25/08
|
American Plumbing, Inc.
|
Petition dismissed without prejudice.
|
|
|
6/25/08
|
David Schlockman and/or Mitchell Zimmerman and/or D.A.M. Clothing, Inc.
|
Three wage and wage supplement Orders affirmed directing payment of over $45,000 in unpaid salaries, commissions and expenses owed to 5 employees. Having failed to produce accurate records, the Commissioner's calculation of the wages must be credited unless Petitioner proves that the employees were paid the disputed amounts. Petitioner's evidence on the sole issue at hearing - the accuracy of DOL's calculations of wages owed - was too general and conclusory to shift such burden. Ref. Angello v. National Finance Corp., 1 AD3d 850 [3d Dept. 2003];Matter of Mid-Hudson Pam Corp. v. Hartnett, 156 AD2d 818, 821 [3d Dept. 1989].
|
|
|
6/25/08
|
Lupine Home Exteriors, Inc.
|
Stipulation of Settlement and withdrawal of Petition pursuant to Board Rule 65.15.
|
|
|
6/25/08
|
Carlo Sita (T/A Sita Construction)
|
Stipulation of Settlement and withdrawal of Petition pursuant to Board Rule 65.15.
|
|
|
6/25/08
|
Dr. Michael Sorodsky
|
Petition dismissed where Petitioner failed to file Amended Petition according to Board rules.
|
|
|
6/25/08
|
Emma Fletcher (d/b/a Lyell)
|
Stipulation of Settlement and withdrawal of Petition pursuant to Board Rule 65.15.
|
|
|
6/25/08
|
FJB Associates LLC
|
Stipulation of Settlement and withdrawal of Petition pursuant to Board Rule 65.15.
|
|
|
6/25/08
|
Kolath Hotels and Casinos Inc. (T/A Quality Inn)
|
Petition dismissed where Petitioner failed to file Amended Petition according to Board rules.
|
|
|
6/25/08
|
Phillis Tamburello and Amanda Minnick
|
Petition dismissed where Petitioner failed to file Amended Petition according to Board rules.
|
|
|
6/25/08
|
Scott Abadinsky
|
Petition dismissed where Petitioner failed to file Amended Petition according to Board rules.
|
|
|
6/25/08
|
New York City Transit Authority (NYCTA Cable Shop, 1114 Atlantic Avenue, Brooklyn, NY)
|
Petitioner's withdrawal of Petition approved.
|
May 2008
***Select docket number for text of full decision (pdf format)*** |
|
Docket Number
|
Date Issued
|
Case Name
|
Summary of Board Decision
|
|
|
5/28/08
|
Josef Mendlovic T/A United Hudson Management Co.
|
Building superintendent was employee of property management company where he was hired by the company and performed services for it.
|
|
|
5/28/08
|
Joseph Williams and/or Niagara Thunder International Motorcycle Rally Inc. (T/A Niagara Thunder)
|
Stipulation of Settlement and withdrawal of Petition pursuant to Board Rule 65.15.
|
|
|
5/28/08
|
IILSI LLC
|
Petition dismissed pursuant to Board Rule 65.13 where Petitioner failed to file an Amended Petition.
|
|
|
5/28/08
|
Eureka Petroleum Inc. (T/A Jiffy Lube)
|
Petition dismissed pursuant to Board Rule 65.13 where Petitioner failed to file an Amended Petition.
|
|
|
5/28/08
|
Anna Fieldman M.D., P.C. (T/A Forest Hills Obstetrics and Gynecology)
|
Petition dismissed pursuant to Board Rule 65.13 where Petitioner failed to file an Amended Petition.
|
|
|
5/28/08
|
Michael J. Mahan (T/A Terrasyn Group Inc.)
|
Stipulation of Settlement and withdrawal of Petition pursuant to Board Rule 65.15.
|
|
|
5/28/08
|
Clarence Carnahan
|
Petition dismissed for failure to provide copy of Order of the Labor Commissioner or contact information.
|
|
|
5/28/08
|
Sokana Corp. (T/A Manny's Steakhouse and Seafood)
|
Petition dismissed pursuant to Labor Law 101 for failure to file within 60 days of issuance of the Order
|
|
|
5/28/08
|
LaBella Pizza of NYC, Inc.
|
Stipulation of Settlement and withdrawal of Petition pursuant to Board Rule 65.15.
|
|
|
5/28/08
|
Saranac Lake Radio, LLC
|
Stipulation of Settlement and withdrawal of Petition pursuant to Board Rule 65.15.
|
|
|
5/28/08
|
Corrie Berman
|
Petition dismissed where Petitioner failed to respond to Board inquiry concerning its withdrawal of complaint.
|
|
|
5/28/08
|
Town of Mount Hope PBA, Inc.
|
Certificate of Incorporation - Approved
|
|
|
5/28/08
|
Ramapo Police Superior Officer's Association, Inc.
|
Certificate of Incorporation - Approved
|
|
|
5/28/08
|
Union Payroll Agency
|
Certificate of Incorporation - Disapproved
|
April 2008
***Select docket number for text of full decision (pdf format)*** |
|
Docket Number
|
Date Issued
|
Case Name
|
Summary of Board Decision
|
|
|
04/23/08
|
238 Food Corp. (d/b/a Riverdale Diner)
|
Order upheld where restaurant industry employee, although he was given the title of "chef", was not exempt from overtime requirements because his primary duty was to cook, not to supervise other employees; he did not customarily and regularly direct the work of two or more other employees; he did not have the authority to hire and fire; and he did not customarily and regularly exercise discretionary powers as evidenced by his lack of input into the creation of the menu. Additionally, the Board found it reasonable for the Commissioner to collect unpaid wages for a period six years prior to the date the claimant filed a complaint with the Department of Labor. Refs: 12 NYCRR 137-1.3; 12 NYCRR 137-2.2; 29 C.F.R. 541.202 (b); Matter of Mid-Hudson Pam-Corp. v. Hartnett, 156 AD2d 818 (3d Dept 1989); Giles v. City of New York, 41 F.Supp.2d 308 (SDNY 1999);Labor Law 663 (3); Labor Law 196 (1) (a); 12 NYCRR 137-2.1 (a).
|
|
|
04/23/08
|
Superior Walls By Jointa Lime LLC
|
Stipulation of Settlement and withdrawal of Petition pursuant to Board Rule 65.15.
|
|
|
04/23/08
|
Business Computer Answers, Inc.
|
Terms of the contract between Petitioner and Complainant governed the payment of commission-bonuses, and absent an agreement to the contrary, commissions are not forfeited by an employee's discharge or resignation.
It is an unlawful deduction from wages to garnish an employee's wages to recover overpaid commissions.
Order modified from $27,132.05 in unpaid commission-bonuses to $6,128.25 because record supported the lesser amount, and imposition of a civil penalty was unreasonable in this case because there was no evidence that the violation was willful or egregious.
Ref., Labor Law 191; Labor Law 193; Hall v. United Parcel Service, 76 NY2d 27, 37 [1990]; Reilly v. Natwest Markets Group, Inc. 181 F.3d 253, 265 [2d Cir. 1999]; Genes v. Yellow Book of New York, 23 AD3d 520, 521 [2d Dep't 2005]; Edlitz v. Nipkow and Kobelt, Inc., 264 AD2d 437 [2d Dep't 1999]; Gebhardt v. Time Warner Entertainment-Advance/Newhouse, 284 AD2d 978, 979 [4th Dep't 2001]; Matter of First Coinvestors, Inc. v. Carr, 159 AD2d 209 [1st Dep't 1990]; Jacobson v. Sassower, 66 NY2d 991, 993 [1985]; Mirchel v. RMJ Securities Corp., 205 AD2d 388, 390 [1st Dep't 1994].
|
|
|
04/23/08
|
Smarty of New York, Inc.
|
Penalty for failure to register upheld where "cutting" is within definition of apparel manufacturing. Labor Law 340.
|
|
|
04/23/08
|
Michael E. Fischer (D/B/A MEFCO Builders)
|
Unpaid wage Order against construction contractor upheld where employer's evidence of hours worked by employee was too incomplete, general and conclusory in light of its failure to keep records. Ref. Angello v. National Finance Corp., 1 AD3d 850 (3d Dept 2003)
|
|
|
04/23/08
|
Floral Park Community Church
|
Interim pastor of church was due wages where church "suffered or permitted" her employment where she continued to conduct services and minister to the parish after Board of Trustees terminated her employment. Civil penalty of 25% of unpaid wages upheld under Labor Law 218.
|
|
|
04/23/08
|
New York Harm Reduction Educators, Inc.
|
INTERIM: Petition dismissed in so far as it alleges that the Order is unreasonable or invalid for finding that Petitioner violated Labor Law 193, because a deduction from wages to recover alleged stolen funds is unlawful as a matter of law. Ref., Labor Law 193; Matter of Angello v. Labor Ready, y NY3d 579, 584 (2006).
|
|
|
04/23/08
|
Akunwanta Improvement Union Overseas, Inc.
|
Certificate of Incorporation - Approved
|
|
|
04/23/08
|
Freelancers Union, Inc.
|
Application of Authority to Conduct Business in New York - Approved.
|
|
|
04/23/08
|
Healthcare Industry Grant Corporation
|
Certificate of Amendment of Certificate of Incorporation - Approved.
|
March 2008
***Select docket number for text of full decision (pdf format)*** |
|
Docket Number
|
Date Issued
|
Case Name
|
Summary of Board Decision
|
|
|
03/26/08
|
L.R.H. Supermarket Inc. (D/B/A C-TOWN)
|
Order to pay overtime affirmed where petitioner supermarket could not meet its burden of proof where it failed to keep required time and payroll records. Overtime rate of pay determined by dividing weekly salary by hours worked absent specific contract. Spread of hours pay due only where interval between beginning and end of employee's work day is in excess of 10 hours. Ref., Labor Law 661, 12 NYCRR 142-2.4, 2.6, 2.18.
|
|
|
03/26/08
|
Zodiac Kids, Inc.
|
Order to pay overtime affirmed where petitioner could not meet its burden of proof where it failed to keep required time and payroll records. Overtime rate of pay based on hourly rate higher than minimum wage. Hearsay admissible where probative and reliable. Ref., Labor Law 661, 12 NYCRR 142-2.4, 2.6, 2.16.
|
|
|
03/26/08
|
IFA INC., and/or Andreyev Koroshikh and/or Feliks Andreyev (T/A Personal Touch Car Wash)
|
Order to pay overtime affirmed where employer's time and payroll records were not credible Ref., Labor Law 661, 12 NYCRR 142-2.4, 2.6, 2.18.
|
|
|
03/26/08
|
Ogonnaya V. Ofor (T/A Vino Business Enterprises)
|
Petition dismissed pursuant to Board Rule 65.24 where Petitioner failed to appear at hearing
|
|
|
03/26/08
|
Kerner Manufacturing and Trimming Co., Inc.
|
Stipulation of settlement and withdrawal of Petition pursuant to Board Rule 65.15
|
|
|
03/26/08
|
General Interior Systems, Inc.
|
Stipulation of settlement and withdrawal of Petition pursuant to Board Rule 65.15.
|
|
|
03/26/08
|
Paint Applicator Corporation of America
|
Stipulation of settlement and withdrawal of Petition pursuant to Board Rule 65.15.
|
|
|
03/26/08
|
Robert Schilke and Schilke Enterprises, Ltd.
|
Stipulation of settlement and withdrawal of Petition pursuant to Board Rule 65.15.
|
|
|
03/26/08
|
Mohammed Aldeen and Island Farm Meat Corp. (T/A Al-Noor Live Poultry)
|
INTERIM: Alleged unlawful presence of the Petitioner's employees in the United States does not bar the Commissioner of Labor from recovering overtime wages on their behalf. Refs: Board Rule 65.13; Balbuena v. IDR Realty LLC, 6 NY3d 338 (2006); Flores v. Amignon, 223 F.Supp.2d 462 (EDNY 2002); Pineda v. Kal-Tech Constr., 15 Misc.3d 176 (N.Y. Cty. Sup. 2007).
|
|
|
03/26/08
|
The New York City Department of Juvenile Justice Crossroads Juvenile Center; The New York Department of Juvenile Justice Horizon Juvenile Center; The New York City Department of Juvenile Justice Bridges Juvenile Center
|
INTERIM: PES 07-012 (Crossroads Juvenile Center), PES 07-013 (Horizon Juvenile Center), and PES 07-014 (Bridges Juvenile Center) consolidated for hearing because the issues of fact and law are the same; and application for intervention of affected employees' collective bargaining representative granted. Refs: Board Rule 66.9; Board Rule 65.7; Board Rule 65.44.
|
|
|
03/26/08
|
USRH D.C. and P.T., P.C. - DBA Union Square Rehab and Health, D.C.P.T.
|
Certificate of Incorporation - Approved.
|
February 2008
***Select docket number for text of full decision (pdf format)*** |
|
Docket Number
|
Date Issued
|
Case Name
|
Summary of Board Decision
|
|
|
02/19/08
|
William Rand Fosdick (T/A Ellison-Rand Construction)
|
Complainant was an employee and not an independent contractor, for purposes of specified work performed under an employment agreement. Refs., Brock v. Superior Care Inc., 840 F2d 1054, [2nd Cir. 1988]; Ansoumana v. Gristede's Operating Corp., 225 FSupp2d 184 [SDNY 2003].
|
|
|
02/19/08
|
Bruce Ribble (d/b/a Perfecto Cleaners)
|
Upon an application for reconsideration of the Board's decision concerning Labor Law 195(6) penalty, further clarification was provided. However, the decision was sustained.
|
|
|
02/19/08
|
Embedded Solution Partners LLC
|
Petition dismissed pursuant to Board Rule 65.24 where Petitioner failed to appear at hearing.
|
|
|
02/19/08
|
Valley Equipment Company, Inc.
|
Employer's deductions from employees' wages for the right to use company owned vehicle for personal use was unlawful under Labor Law 193(1)(b). While the deductions at issue were voluntary and did benefit the employees, it was not expressly authorized under the statute or similar to the deductions authorized by the statute. Refs., Angello v. Labor Ready, Inc., 7 NY3d 579, [2006].
|
|
|
02/19/08
|
Seamarch Creations, Inc. (T/A Marchesa)
|
Stipulation of settlement and withdrawal of Petition pursuant to Board Rule 65.15.
|
|
|
02/19/08
|
Armstrong Appraisals LLC
|
Stipulation of settlement and withdrawal of Petition pursuant to Board Rule 65.15.
|
|
|
02/19/08
|
M O P Knitting Corp.,
|
Stipulation of settlement and withdrawal of Petition pursuant to Board Rule 65.15.
|
|
|
02/19/08
|
July 4 Ever, Inc. and Vincent Esposito
|
The Commissioner's order revoking the Petitioner's explosive dealer license and storage certificates based on the seizure of improperly stored Class C fireworks was invalid and unreasonable where Commissioner failed to prove seized fireworks were explosives. Refs., Tripoli Rocketry Assn, Inc. v. Bureau of Alcohol, Tobacco, Firearms and Explosives, 437 F3d 75, 77 [DC Cir. 2006].
|
|
|
02/19/08
|
New York State Public Employer Labor Relations Association, Inc.
|
Certificate of Incorporation - Approved.
|
|
|
02/19/08
|
Washingtonville Police Benevolent Association, Inc.
|
Certificate of Incorporation - Approved.
|
January 2008
***Select docket number for text of full decision (pdf format)*** |
|
Docket Number
|
Date Issued
|
Case Name
|
Summary of Board Decision
|
|
|
01/25/08
|
Lux Spa, Inc. (T/A Haven Spa)
|
Stipulation of settlement and withdrawal of Petition pursuant to Board Rule 65.15.
|
|
|
01/25/08
|
The Center for Financial Planning, Inc.
|
Order requiring payment of vacation wages was affirmed where Petitioner's vacation leave policy did not adequately notify employees that accrued vacation leave would be forfeited upon termination.
|
|
|
01/25/08
|
Mr. Ham, Inc.
|
Stipulation of settlement and withdrawal of Petition pursuant to Board Rule 65.15.
|
|
|
01/25/08
|
Arabesque Recordings, LLC
|
Stipulation of settlement and withdrawal of Petition pursuant to Board Rule 65.15.
|
|
|
01/25/08
|
Madison Brands, Inc.
|
Stipulation of settlement and withdrawal of Petition pursuant to Board Rule 65.15.
|
|
|
01/25/08
|
Bellport, Inc. (T/A US Petroleum)
|
In the absence of credible evidence to contradict the amount of unpaid overtime set forth in the Commissioner's Order, the Petitioner failed to meet its burden of proof and the Order was affirmed.
|
|
|
01/25/08
|
Montgomery Big Brothers / Big Sisters, Inc. (T/A Big Brothers Big Sisters)
|
Stipulation of settlement and withdrawal of Petition pursuant to Board Rule 65.15.
|
|
|
01/25/08
|
The Fat Man Pizza, Inc.
|
Stipulation of settlement and withdrawal of Petition pursuant to Board Rule 65.15.
|
|
|
01/25/08
|
Sherylin Michtavy and/or We Care Staffing, Inc.
|
Stipulation of settlement and withdrawal of Petition pursuant to Board Rule 65.15.
|
|
|
01/25/08
|
Franbilt, Inc. and/or Thomas J. Barnes, and/or Michael J. Burns
|
INTERIM: Petition of Franbilt, Inc. dismissed where sole challenge that another company guaranteed payment did not relieve employer of liability for wages. The Petitions of the individuals will proceed to hearing.
|
|
|
01/25/08
|
Jeffrey Innocenti and/or 321 Fitness, Inc. (T/A Gold's Gym / Planet Fitness)
|
Stipulation of settlement and withdrawal of Petition pursuant to Board Rule 65.15.
|
|
|
01/25/08
|
R. Geoffrey Broderick (d/b/a Southdown Animal Clinic)
|
Stipulation of settlement and withdrawal of Petition pursuant to Board Rule 65.15.
|
|
|
01/25/08
|
Amusements of WNY, Inc. (T/A Martin's Fantasy Island)
|
Stipulation of settlement and withdrawal of Petition pursuant to Board Rule 65.15.
|
|
|
01/25/08
|
Kwok Ming Chan and/or Cantoon Garden, Inc.
|
Stipulation of settlement and withdrawal of Petition pursuant to Board Rule 65.15.
|
|
|
01/25/08
|
Minority Steamfitters for Unity and Equality N.F.P.C.
|
Certificate of Incorporation - Approved.
|
|
|
01/25/08
|
Abstinence Education Council
|
Certificate of Incorporation - Approved.
|
|
|
01/25/08
|
Hudson Valley Non-Teaching Professional Organization, Inc.
|
Certificate of Incorporation - Approved.
|
|
|
01/25/08
|
Union Dental
|
Certificate of Incorporation - Disapproved.
|
|
|
01/25/08
|
Union Hotel Corfu NY, LLC
|
Certificate of Incorporation - Approved.
|
|
|
01/25/08
|
Union of Dominican Visual Artists, Inc.
|
Certificate of Incorporation - Disapproved.
|
|
|
01/25/08
|
New York State Carpenters Labor Management Corporation
|
Certificate of Incorporation - Approved.
|
December 2007
***Select docket number for text of full decision (pdf format)*** |
|
Docket Number
|
Date Issued
|
Case Name
|
Summary of Board Decision
|
|
|
12/19/07
|
15 Sweet Thing, Inc. (T/A Dakota Bar and Grill)
|
Certificate of Incorporation - Approved.
|
|
|
12/19/07
|
Bruce Ribble (D/B/A Perfecto Cleaners)
|
Employer has burden of showing that complaining employees were paid properly where employer filed to keep adequate records. Refs. Angello v. Nat'l Fin. Corp., 1 AD3d 850 [3rd Dept 2003].
|
|
|
12/19/07
|
Cellect, LLC
|
Stipulation of settlement and withdrawal of Petition pursuant to Board Rule 65.15
|
|
|
12/19/07
|
Rochester Linoleum and Carpet Center, Inc.
|
Where there is a dispute over the terms of employment (specifically, in determining whether a sales representative is salaried or working on commission), if a written instrument signed by both parties exists, the terms of that instrument control. Additionally, any ambiguities in the contract are interpreted against the drafting party. Refs. Guasteferro v. Family Health Network of Central New York, 203 AD2d 905 [1944]; Jacobsen v. Sassower, 66 NY2d 991 [1985].
|
|
|
12/19/07
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Kurt Erman, Marta Siddons and Notations, Inc.
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Withdrawal of Petition pursuant to Board Rule 65.15.
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12/19/07
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Carmine Delellis, Jr. (T/A Hair Design by Carmine)
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Petition dismissed pursuant to Board Rule 65.13 where Petitioner failed to file an Amended Petition.
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12/19/07
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White Glove Service, Ltd.
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Petition dismissed pursuant to Board Rule 65.13 where Petitioner failed to file an Amended Petition.
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November 2007
***Select docket number for text of full decision (pdf format)*** |
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Docket Number
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Date Issued
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Case Name
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Summary of Board Decision
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11/28/07
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Frank Bova and App (Al) Joseph (T/A Nina's Ameritalia Restaurant)
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Petitioner failed to meet his burden of proof where he only succeeded in showing the existence of a possible joint employer. Where Petitioner had authority and control over the restaurant employees and their wages he can be held liable for the wages owed. Ref. Bhanti v. Brookhaven Mem. Hosp. Med. Ctr., 260 AD2d 334 [2d Dept 1999]; Herman v. RSR Sec. Serv., Ltd., 172 F.3d 132 [2d Cir 1999].
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11/28/07
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Mudd (USA) LLC (T/A Mudd Jeans)
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Employer's failure to register as an apparel manufacturer violated Labor Law 341 where the creation of prototypes and samples was sufficient to make the employer a manufacturer, as defined under 340 (d) - (f). Additionally, finding the employees to be independent contractors would not have been sufficient to exempt the employer because 340 applies to both manufacturers and their production employees as well as those they contract with to produce apparel.
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11/28/07
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Sager Spuck Statewide Supply Co., Inc.
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Deductions from wages for health insurance premiums were unlawful under Labor Law 193 (3) where the employee's signature on a health insurance benefits plan agreement 2 years prior was insufficient to qualify as an express authorization for deductions. Refs. Huntington Hosp. v. Huntington Hosp. Nurses Assn., 302 F.Supp.2d 34 [EDNY 2004]; Sniadach v. Family Fin. Corp., 395 U.S. 337 [1969].
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11/28/07
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The Fusco Group, Inc. (T/A Interclaim Worldwide Claims Consultants)
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Stipulation of settlement and withdrawal of Petition pursuant to Board Rule 65.15.
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11/28/07
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Bison Security of Western New York, Inc.
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Petition dismissed pursuant to Board Rule 65.24 where Petitioner failed to appear at hearing.
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11/28/07
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Mountain Top Trucking, Inc.
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Stipulation of settlement and withdrawal of Petition pursuant to Board Rule 65.15.
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11/28/07
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The Batavia Grace Foundation (T/A Mary's Grace School)
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INTERIM: Petition to Reopen granted.
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11/28/07
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The Seventh Alternative Sportswear Corp.
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Stipulation of settlement and withdrawal of Petition pursuant to Board Rule 65.15.
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11/28/07
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Araya Schwartz and/or Benny Rogosnitzky and/or Cantor's World, Inc.
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Petition dismissed pursuant to Board Rule 65.24 where Petitioner failed to appear at hearing.
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11/28/07
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Brotherhood of Retired Union Carpenters, Inc.
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Certificate of Dissolution - Approved.
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October 2007
***Select docket number for text of full decision (pdf format)*** |
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Docket Number
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Date Issued
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Case Name
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Summary of Board Decision
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10/24/07
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Yellow Book USA, Inc., and/or Yellow Book of New York Inc.
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Orders finding commissions due to four advertising sales representatives affirmed. Petitioner's practice of taking "charge backs" (deducting money from commissions the claimants had already made for failure to renew with old clients) constituted illegal deductions under 193. Additionally, the protections afforded by 193 cannot be waived via contract. Refs. Gennes v. Yellowbook of New York, Inc., 3 Misc3d 520 [Sup Ct Nassau County 2004]; Hudacs v. Frito-Lay, Inc., 683 NE2d 322 [1997]; Levy v. Verizon Info. Serv., Inc., 498 FSupp2d 586 [EDNY 2007]; Dean Witter Reynolds, Inc. v. Ross, 75 AD2d 373 [1st Dept 1980].
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10/24/07
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Donald F. Farr, Jr., (D/B/A Don Farr Contractors Co.)
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Petitioner had sufficient authority and control over construction workers to establish their status as employees rather than independent contractors. Petitioner's failure to keep payroll records and/or provide other evidence to dispute the Claimant's testimony as to the hours worked bars the Board from finding in his favor. Refs. Byong v. Cipriani, 1 NY3d 193 [2003]; Ansoumana v. Gristede's Operating Corp., 255 FSupp2d 184 [SDNY 2003]; Brock v. Superior Care, Inc., 840 F2d 1054 [2d Cir 1988]; Anderson v. Mt. Clemens Pottery Co., 328 US 680 [1946]; Do Nam Yang v. ACBL Corp., 427 FSupp2d 327 [SDNY 2005].
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10/24/07
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SMS General Contractors, Inc.
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Order affirmed where Petitioner failed to meet his burden of proof where he provided no evidence to show that the Complainant mechanic had not worked for him during the specified time period.
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10/24/07
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Tiferes Academy (T/A Yeshivas Tifersavos High School)
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Claimant's alleged wrongdoing was insufficient justification for the withholding of wages where the Petitioner failed to show that the withholding was valid under 193. Additionally, employers are barred from withholding wages as a "self-help" remedy. Refs. Angello v. Natl. Fin. Corp., 1 AD3d 850 [3d Dept 2003]; P and L Group v. Garfinkel, 150 AD2d 663 [1989].
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10/24/07
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Marianne Gable, DDS, PC
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Stipulation of settlement and withdrawal of Petition pursuant to Board Rule 65.15.
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10/24/07
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Native Soul, LLC
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Stipulation of settlement and withdrawal of Petition pursuant to Board Rule 65.15.
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10/24/07
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Country House Corp. (T/A Country House Electronics)
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Order withdrawn by Commissioner.
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10/24/07
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Robert A. Koniak
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Petition withdrawn pursuant to Board Rule 65.15.
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September 2007
***Select docket number for text of full decision (pdf format)*** |
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Docket Number
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Date Issued
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Case Name
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Summary of Board Decision
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9/26/07
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Cayuga Lumber, Inc.
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Previous Board decision reconsidered and Order affirmed in full. There is a rebuttable presumption that salary does not include a premium for overtime hours. There must be an explicit agreement that salary compensates the employee for overtime. Further, the Board puts to rest its previous reliance on Harper v Fredonia Seed Co. when calculating overtime rates. Refs., Giles v. City of New York, 41 F Supp 2d 308 (SDNY 1999); Overnight Motor Transp. Co. v. Missel, 316 U.S. 572, 578 (1978); Doo Nam Yang v. ACBL Corp., 427 F Supp 2d 329 (SDNY 2005)
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9/26/07
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T'Amo Enterprises Inc. (T/A Taja Restaurant)
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Orders requiring payment of tip appropriations and minimum wage underpayments to wait staff are reasonable where Petitioner failed to meet burden of disproving amounts owed. A penalty of $1,000 for failure to keep or furnish adequate payroll records was also upheld. Refs., Angello v. National Finance Corp 1 AD 3d 850, 768 NYS 2d 66 (3d Dept. 2003)
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9/26/07
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Francis Hendy, Inc.
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Stipulation of settlement and withdrawal of Petition pursuant to Board Rule 65.15.
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9/26/07
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Peconic Building Solutions, Inc.
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Stipulation of settlement and withdrawal of Petition pursuant to Board Rule 65.15.
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9/26/07
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Amackassin Club
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Stipulation of settlement and withdrawal of Petition pursuant to Board Rule 65.15.
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9/26/07
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Chris Franchey and/or Men's Suits on Fifth Avenue Ltd.
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Stipulation of settlement and withdrawal of Petition pursuant to Board Rule 65.15.
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9/26/07
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Miken Companies, Inc.
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Stipulation of settlement and withdrawal of Petition pursuant to Board Rule 65.15.
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9/26/07
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World Lebanese Cultural Union, Inc.
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Certificate of Incorporation - Approved.
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August 2007
***Select docket number for text of full decision (pdf format)*** |
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Docket Number
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Date Issued
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Case Name
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Summary of Board Decision
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8/22/07
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JV Car Wash
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Order affirmed. Petitioner's evidence which consisted of notarized but undated and unsworn statements by car wash employees did not satisfy burden of proof where Petitioner had no payroll records. Refs., Angello v. National Finance Corp. 1 A.D. 3d 850, 768 N.Y.S. 2d 66 (3d Dept. 2003)
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8/22/07
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Workflow Solutions, LLC.
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Commissioned salesperson is entitled to commissions where the order should have been released and billed prior to termination. Additionally, charge backs on commissions can be illegal deductions in violation of Labor Law 193 under Gennes v. Yellow Book, 3 Misc. 3d 519, 776 N.Y.S. 2d 758 (2004), affd 23 A.D. 520, 806 N.Y.S. 646 (2nd Dept 2005)
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8/22/07
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Power Cooling, Inc.
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Wage deductions for misconduct such as missing property are outside of the statutory exceptions found in Labor Law 193. Refs., Hudacs v. Celebrity Limousine Corp., 205 AD 2d 155 (3d Dept 1994); Guepet v. International Tao Sys., Inc., 110 Misc 2d 940 (Sup Ct Nassau County 1981); Maggione v. Bero Constr. Corp., 106 Misc 2d 384 (Sup Ct Seneca County 1980)
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8/22/07
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Robert Scores (T/A On The Spot Auto Repair )
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Employer's failure to pay child support payments on employee's behalf while deducting amount from wages constitutes failure to pay all wages due to employee. Refs., Angello v. National Finance Corp., 1 A.D. 3d 850, 768N.Y.S. 2d 66 (3d Dept. 2003); Anderson v. Mt. Clemens Pottery Co. 328 U.S. 680
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8/22/07
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Lia Kes LLC
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$3000 penalty for failure to register as apparel manufacturer upheld where Petitioner had prior violation
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8/22/07
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Mt. Kisco Design Center, Inc. and/or Roberta Picarello
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Motion to Dismiss Petition granted where Petitioner failed to file Petition within 60 days of Order.
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8/22/07
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The Batavia Grace Ann Foundation (T/A Mary's Grace School)
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Petition dismissed pursuant to Board Rule 65.13 where Petitioner failed to file an Amended Petition.
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8/22/07
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Mark Fezza (T/A Ricco's Pizza)
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Petition dismissed pursuant to Board Rule 65.13 where Petitioner failed to file an Amended Petition.
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8/22/07
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Brian Colella
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A temporary public employee cannot be discharged in retaliation for filing a health and safety report.
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8/22/07
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National Collegiate Union, Inc.
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Proceeding discontinued for failure to file necessary information.
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8/22/07
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Union Hispanic Multiservices Corp.
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Proceeding discontinued for failure to file necessary information.
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Miscellaneous Pre-August 2007 Decisions
***Select docket number for text of full decision (pdf format)*** |
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Docket Number
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Date Issued
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Case Name
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Summary of Board Decision
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4/28/04
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Cor Route 31 Company, LLC (Bed, Bath & Beyond)
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Demand for Bill of Particulars may include request for production of documents.
Ref. Board Rule 65.39 (12 NYCRR 65.39)
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NYS Industrial Board of Appeals
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