Docket Number

Date Issued

Case Name

Summary of Board Decision

4/29/13

William C. Dow

Order for unpaid wages, commissions and vacation pay was affirmed based on claimant’s testimony and payment history.

4/29/13

Neil Fesette and Fesette and Fesette Realty, LLC

Order for medical expenses revoked where petitioner provided evidence that terminated employee was informed in writing that the health insurance was being terminated.

4/29/13

Maria Lasso and Jaime M. Correa, Sr., and Exceed Contracting Corp.

Drywall subcontractor who contracted for labor to install the drywall was a responsible employer where he supervised the workplace and had employees doing the same work.

4/29/13

James Sanicola and Renamarie Jewelers, Ltd.

Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.

4/29/13

Barbara Starowitz a/k/a Barbara Oginbene and John Starowitz and Star Growers Inc.

Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.

4/29/13

Megan Steffenhagen & Tebest, Inc. d/b/a Hooligan’s Sports Bar & Grill

Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.

4/29/13

Thomas Herrschaft and Golden Touch Transportation of NY, Inc.

Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.

4/29/13

Michael Cave (Consolidated with PR10345)

Petitioner was removed from order where there was no evidence that he directed or controlled claimant’s work in any way.

4/29/13

Deoraj Ramnauth and Scorpio Construction, Inc.

Order for unpaid wages upheld where employer failed to have any records but overtime deducted since the preponderance of the evidence established that no overtime was worked. Penalty revoked where only basis given was employer’s lack of cooperation and the evidence did not support such a finding.

4/29/13

Richard Cave and U.S. Wood, LLC (Consolidated with PR 10337)

Order for wages based on bounced checks was upheld even though claimant’s testimony re which checks were still owed was inexact where employer failed to have necessary records.

4/29/13

Zhao Yang Xia a/k/a Chao Yang Xia and Oi Lan Ho and Qiong Huan He and Xiang Yang Xia

Petitioner dismissed where petitioner failed to appear at hearing.

4/29/13

Lynne Perry

Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.

4/29/13

Nathaniel T. Levin and Dan-Lev Printing Corp. (T/A Minuteman Press of Lynbrook, New York)

Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.

4/29/13

Eugene Nifenecker

Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.

4/29/13

Avi Cohen and City Restaurant Equipment Corp.

Petition dismissed where petitioner failed to appear at hearing.

4/29/13

Michelle Parent and James P. Parent (T/A Nemo’s New England Seafood and Steakhouse Restaurant)

Petition dismissed where petitioner failed to appear at hearing.

4/29/13

Margaret Carmen Medina

Orders modified to remove petitioner’s name.

4/29/13

Kwang Ho Choi and 888 Dry Cleaners, Inc. (T/A Merit Cleaners)

Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.

4/29/13

Song Mi Yi and 97 Auto Moses Auto Repair, Inc.

Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.

4/29/13

Pjeter Vulaj and Veteti Corp.

Order amended to remove petitioner’s name.

4/29/13

Pravin Mascarenhas and Anil K. Amin and PAAM Group Inc. (T/A Nirvana)

Petition dismissed where petitioner failed to appear at hearing.

4/29/13

Bill Hollar and Pro Trait Title Services LLC

Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.

4/29/13

Terry R. Wood and Willow Run Foods, Inc.

Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.

4/29/13

Ambush Alarm & Electronics, Inc.

Board reopened decision dismissing petition for failure to file an amended petition.

4/29/13

William J. Johnston

Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.

4/29/13

Melvin Peltz

Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.

4/29/13

Eric Bauman and Neil Bauman (T/A Ebaum Food)

Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.

4/29/13

Double R. Entertainment, LLC (T/A Rick’s Tally Ho)

Petitioner may not raise issues already decided in prior order where order was amended to comply with Board’s prior decision.

4/29/13

Gloria Wise Community Center Inc.

Reconsideration of case granted where Board mistakenly opened a new file for an amended petition. Case will proceed under PR 12193 and this case will close.

4/29/13

Susan Henner and Susan B. Henner, Attorney at Law PLLC (T/A Susan Henner)

Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.

4/29/13

Theresa A. Schwartz a/k/a Theresa Lombardo and The Bates Bagel Club, Inc.

Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.

4/29/13

Morris M. Faitelewicz

Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.

4/29/13

Scott D. Cicero

Petition dismissed where petitioner failed to appear at hearing.

4/29/13

Worker’s Educational Resource Committee, Inc.

Certificate of Incorporation – Approved.

4/29/13

Worker’s Center of Central New York, Inc.

Certificate of Incorporation – Approved.

Docket Number

Date Issued

Case Name

Summary of Board Decision

3/20/13

Carmen Then and Julio Then and Luis Reynaldo Then and 602 Dan Meat Market Inc. (T/A Dan? Supermarket)

Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.

3/20/13

Zi Qi Chan a/k/a Zi Qi Chen and Jason Tong aka Zi Rong Tang and Henry Foods, Inc.

Order for payment of overtime wages affirmed but modified and remanded for recalculation where employer had no time and payroll records and admitted to owing some wages.

3/20/13

Ursula Clancy and Partners in Safety, Inc.

Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.

3/20/13

Kwangpyo Kim and Royal Cleaners LLC

Order against dry cleaner for unpaid wages and failure to provide meal period affirmed where employer? records were estimates of hours worked.

3/20/13

Guiseppe Joe Gaudesi and Prestige Interior Clean Up Inc.

Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.

3/20/13

Nicholas Salamone and Salamone Restaurants, Inc. (T/A Friar's Table)

Failure to notify Board of contact information after petitioner went out of business resulted in dismissal of petition where appeal deemed abandoned. Ref. Board Rule 65.4.

3/20/13

Sun Tok Lee and Star Beauty Supplies, Inc.

Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.

3/20/13

Kang Yeon Lee, New Epic, Inc. and Big Apple Development & O Construction, Inc.

Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.

3/20/13

John Chiaino and Advantage Diagnostics, Inc.

Petition dismissed where petitioner failed to appear at hearing.

3/20/13

Patrick McCarroll (T/A Living Floors)

Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.

3/20/13

Kenneth Ahrem

Owner of mortgage broker was individually liable as employer where he had the authority to control claimant even if it was not always exercised.

3/20/13

Dennis Bassat and The Altamont Program, Inc. (T/A Lemoyne Manor)

Petition dismissed where petitioner failed to appear at hearing.

3/20/13

Marc A. Chiffert and AEC Engineering Design & Construction Services PLLC

Wages and travel expenses due employee were reduced after hearing.

3/20/13

Fred Levinson, Frank Santoro and Levinson & Santoro Electric Corp.

Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.

3/20/13

Che Jun Shin

Petitioner's name removed from orders.

3/20/13

Gordon Douglas Building Services

Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.

3/20/13

Frederick Assani and Franklin First Financial, Ltd.

Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.

3/20/13

Timothy McCormack & Lisa M. Litts (T/A Galaxy Cafe)

Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.

3/20/13

Heidi Snyder and D&A Drug Co., Inc. (T/A Drug World Pharmacy)

Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.

3/20/13

Mary Lou Faust and Cortlandt Operating Co., LLC (T/A Crown Center for Nursing and Rehabilitation)

Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.

3/20/13

Gloria Wise Community Center Inc.

Petition dismissed where petitioner failed to file an amended petition as ordered by the Board.

3/20/13

Raymond Isaac and Isaac Heating & Air Conditioning, Inc.

Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.

3/20/13

Janice Razzano

Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.

3/20/13

Erie County Medical Center Corp.

Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.

3/20/13

Michael DiPietro

Petition for review of retaliation determination was dismissed where the Department of Labor voluntarily agreed to investigate further.

3/20/13

City of New York Taxi and Limousine Commission

Withdrawal of petition approved by Board.

Docket Number

Date Issued

Case Name

Summary of Board Decision

2/6/13

TrustCo Bank Corp. NY (T/A TrustCo Bank

Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.

2/6/13

Communication Empire Corp. (T/A Blue Wireless)

Petition dismissed where petitioner? address and phone number were no longer valid; appeal deemed abandoned.

2/6/13

Robert Rubin

Financial advisor of company was not an employer where he did not hire, fire or control employees, or have an ownership interest in the company.

2/6/13

William A. Etter

Petitioner who was discharged in Bankruptcy no longer owed the wages but penalty debt remained.

2/6/13

Gander Mountain Company

Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.

2/6/13

John D. Givens and JDG Investigation, Inc.

Employer policy mandating a one hour deduction of time for lunch whether it was taken or not was illegal; petitioner? unrebutted credible testimony that claimant was fully paid satisfied burden.

2/6/13

Un Lin Wang and Yee Mei Fong Bakery Corp.

Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.

2/6/13

Ikram Essa Said and S.I. Wood Furniture Corp.

Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.

2/6/13

Herman Wagschal and Isaac Wagschal and NY Professional Drywall of OC, Inc.

Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.

2/6/13

Zhong Yue Yang and Lei F. Zhou and New Moon Nails, Inc.

Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.

2/6/13

Raymundo Carpio (T/A Numero Uno Shipping)

Petition dismissed where petitioner failed to appear at hearing.

2/6/13

Mathew Kim and MJ Management Enterprises Inc.

Petition dismissed where petitioner failed to appear at hearing.

2/6/13

Jay Daniels and White Star Trucking Line, Inc. (T/A White Star Trucking)

Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.

2/6/13

Thomas Rankin and Pactiv Corporation

Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.

2/6/13

Rob Cramer and One Source Maintenance Inc.

Petition dismissed where petitioner failed to appear at hearing.

2/6/13

William G. Todd

Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.

2/6/13

Leigh-Elizabeth Todd

Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.

2/6/13

Raymond Srour & 13th Avenue Bergament Home Center, Inc.

Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.

2/6/13

Rossana Bortone, Emilio Lamanna and Almar Supplies, Inc.

Interim Decision: Labor Department? motion for permission to withdraw and reissue orders to recalculate wages owed applying the Motor Carrier Exemption was granted.

2/6/13

Edwin Ernesto Avila and Roberto Rosa and Sogna Restaurant Corp. (T/A The City Tavern)

Motion to dismiss late petition was granted.

2/6/13

Galina Ayzenberg and NY Dentistry P.C. (T/A Down Town Dental Studio)

Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.

2/6/13

Vinnie E. Ficchi, Jr.

Petition granted and petitioner? name removed from Order.

2/6/13

Jay Gusler

Petitioner? claim of retaliation was dismissed where issue was thoroughly litigated in an arbitration relative to his discipline. Ref. Collins v New York City Transit Authority, 305 F3d 113 (2d Cir 2001).

2/6/13

Village of Tarrytown

PESH determination that village? violations were willful were upheld where village failed to take effective measures to prevent employees from entering permit-required confined spaces. Ref. 12 NYCRR 830.2(k); 29 CFR 1910.146.

2/6/13

ARISE RRG, Thomas J. Boorse, James Carberry, Keith D. Chabut, Gerald F. Cross, Frank Gagliardi, Samuel A. Goodwin, Robert J. Price, Raymond C. Snyder, William C. Wilke and Raymond Yuro.

Stipulation of settlement and withdrawal of petition approved by Board.

2/6/13

Tioga County Law Enforcement Association, Inc.

Certificate of Incorporation ?Approved.

Docket Number

Date Issued

Case Name

Summary of Board Decision

12/14/12

Cliff Robinson Jr. and Robinson? Mechanical LLC

Petition dismissed where petitioner failed to appear at hearing.

12/14/12

Keith Woronoff and Katz? Furniture Corp. (T/A La-z-Boy)

General manager was not liable where an analysis of his duties did not come within the definition of employer.

12/14/12

Joseph Glebocki and Northeast Wholesale Supply, Inc. and Sussex County Sod Farms, Inc.

Petition dismissed where petitioner failed to appear at hearing.

12/14/12

Violetta Gladyshev and Edouard Gladyshev (T/A V & V Bulk Carriers, Inc.)

Petitioner? testimony was sufficient to support finding that claimant failed to perform the work for which he claimed nonpayment where claimant failed to testify.

12/14/12

Moshe Banayan and Fariborz Banayan a/k/a Aaron Banayan and Ahava of California, LLC (T/A North Country Manufacturing)

Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.

12/14/12

Linden Joseph Tudor and H.Q. Lounge Inc.

Wage Order based on an estimate of hours worked was affirmed where employer could not establish an ?ccurate estimate?of hours worked; tip allowances were not available where there was no record of tips however a tip credit based on an average claimed by claimants was given.

12/14/12

Mark Basile

Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.

12/14/12

Semen Kats and SK & Sons International Inc. (T/A Belarus)

Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.

12/14/12

Lorraine Yarde (T/A bioMETRX)

Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.

12/14/12

Arthur V. Coppola, Jr. and Allbrand Commercial Windows & Doors, Inc.

Determination of whether commissions were owed and how much was due was determined by interpreting the contract; profitability of contract assumed where petitioner failed to introduce any evidence.

12/14/12

Sag Harbor Restaurant Corp. (T/A Spinnakers Restaurant)

Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.

12/14/12

Cem B. Alptekin and Preferred World Markets, Inc. (T/A Stone Direct)

Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.

12/14/12

Samuel Kurz and Central Park Plaza LLC

Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.

12/14/12

Joseph Rapisardi and Rapisardi Construction Corp.

Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.

12/14/12

Kee Chong Tan a/k/a Jeffrey K C Tan and JKT & Tan Inc. (T/A Wok & Roll)

Petition dismissed where petitioner failed to appear at hearing.

12/14/12

Mitchell D. Tawil

Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.

12/14/12

Murat Inan (T/A 241st Caf?estaurant)

Petition dismissed where petitioner failed to appear at hearing.

12/14/12

Care Plus of New York, Inc.

Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.

12/14/12

William J. Farrell (T/A William Farrell Stone Works)

Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.

12/14/12

Reverend Warren Meeks and Dr. Perdita Meeks d/b/a New Born Fellowship Church, Inc.

Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.

12/14/12

Charles Bloom (T/A Blooms Residence)

Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.

12/14/12

Richard Geist and Armynavydeals.com Corp.

Interim Decision: Board grants DOL permission to amend orders to include two additional parties.

12/14/12

Moshe Banayan and Fariborz Banayan a/k/a Aaron Banayan and Ahava of California LLC (T/A North Country Manufacturing)

Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.

12/14/12

Perry Stuart and Joseph Stanza and Long Island Limousine Service Corp.

Petitioner failed to satisfy its burden of proof where payroll records were submitted for the first time at hearing and the records were incomplete and inconsistent with testimony.

12/14/12

Ambush Alarm & Electronics, Inc.

Reconsideration of decision denied where petitioner failed to apply in a timely manner.

12/14/12

Joseph Ennis

Interim Decision: motion to dismiss petition as untimely denied.

12/14/12

David D. D?mato and Buffalo Security and Investigation, LLC

Motion to dismiss untimely petition was granted.

12/14/12

Leroi and Associates

Petition dismissed where petitioner failed to file an amended petition according to Board Rules.

12/14/12

David Ring

Interim Decision: motion to dismiss petition as untimely denied.

12/14/12

Qui Ying Chen

Petition granted and order modified to remove petitioner? name.

12/14/12

Sunilda Henriquez and Alex Restaurant/Cafeteria, Inc. (T/A 27 De Febrero Restaurant)

Petition dismissed where petitioner failed to file an amended petition according to Board Rules.

12/14/12

Aubrey O. Lewis and Agnes O. Lewis a/k/a Agnes Remington (T/A Lewis Medical Office)

Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.

12/14/12

Donald C. Piper Jr. and Piper? Transport Service LLC

Petition dismissed where petitioner failed to file an amended petition according to Board Rules.

12/14/12

Bruce Ricardo Bradshaw

Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.

12/14/12

F & W Concessions Inc. and Dennis Fraleigh (T/A Butcher Boys)

Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.

12/14/12

Daniel D. Parker and CoPar Construction, Inc.

Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.

12/14/12

Ernest G. Paragallo

Petition dismissed where petitioner failed to file an amended petition according to Board Rules.

12/14/12

Ernest G. Paragallo

Petition dismissed where petitioner failed to file an amended petition according to Board Rules.

12/14/12

Blossom South

Petition dismissed where petitioner failed to file an amended petition according to Board Rules.

12/14/12

Shirley Cook and Proenza Schouler LLC

Petition dismissed where petitioner failed to file an amended petition according to Board Rules.

12/14/12

Lisa Travis and Michael Travis and Zonies, Inc. (T/A Kalzonies)

Petition dismissed where petitioner failed to file an amended petition according to Board Rules.

12/14/12

James J. Melendez

Petition dismissed where petitioner failed to file an amended petition according to Board Rules.

12/14/12

Jim Killian a/k/a Jim Gillean and Mark Limousine International, Inc. and Mark Limousine LTD

Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.

12/14/12

Gary Smith and Tropical Associates, Inc.

Motion to dismiss untimely petition granted.

12/14/12

William Paluck

Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.

12/14/12

Ram R. Kissoon (T/A Rudy Trucking)

Motion to dismiss untimely petition granted.

12/14/12

World Auto Group, Inc. (T/A Auto World Kia)

Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.

12/14/12

Janice Razzano

Determination that petitioner was not subject to retaliatory action was reversed and remanded where business reason for reduction in petitioner? work hours needed further investigation.

12/14/12

Expo Union Corporation

Certificate of Incorporation ?Application dismissed without prejudice for failure to provide additional information.

12/14/12

Union Trade Wholesale Corp.

Certificate of Incorporation ?Application dismissed without prejudice for failure to provide additional information.

12/14/12

Public Union Corporation

Certificate of Incorporation ?Disapproved

12/14/12

Union Benefit Financial Services, LLC

Certificate of Incorporation ?Application dismissed without prejudice for failure to provide additional information.

12/14/12

United Writers Union

Certificate of Incorporation ?Application dismissed without prejudice for failure to provide additional information.

12/14/12

Don Bosco Workers, Inc.

Certificate of Incorporation ?Approved.

Docket Number

Date Issued

Case Name

Summary of Board Decision

10/17/12

Yick Wing Chan and Wing Huang Restaurant Corp.

Order finding individual to be an employer under Article 19 of the Labor Law affirmed where evidence showed that individual sufficiently controlled the employees' conditions of employment. The fact that the individual employer was not present at the restaurant on a daily basis supervising the employees did not relieve him of liability. Refs: Herman v RSR Security Services Ltd., 172 F3d 132 [2d Cir 1999]; Donovan v Janitorial Services, Inc. , 672 F2d 528 [5th Cir 1982]; Carter v Dutchess Community College , 735 F2d 8 [2d Cir 1984]; Moon v Kwon , 248 F Supp 2d 201 [SDNY 2002].

10/17/12

Giovani Lake a/k/a Gemini Lake (T/A DVEIC/PR Consultants)

Claimant awarded wages even though petitioner denied employment where petitioner failed to carry burden of proof.

10/17/12

Leticia Walker (T/A Connelly Drywall LLC)

Construction subcontractor liable as an employer of alleged sub-subcontractors employees as matter of economic reality.

10/17/12

Leticia Walker (T/A Connelly Drywall LLC)

Construction subcontractor liable as an employer of alleged sub-subcontractors employees as matter of economic reality.

10/17/12

Patrick J. Madden and Madden Construction Co. Inc.

Outside salesman for home improvement construction company was an employee and was owed commissions.

10/17/12

Steven Klein and Steven Klein, M.C., P.C.

Vacation pay awarded one claimant who testified that she was never shown written vacation policy which called for forfeiture; claimant who failed to testify could not rebut petitioner's testimony that she was shown policy.

10/17/12

Sara Ozone and Rafoul Abouhamra, and Mosa Foirti and Ell & H Inc

Petition dismissed where petitioner failed to appear at hearing.

10/17/12

Rick Yoswein and Alpha Business Systems, Inc.

Petition dismissed where petitioner failed to appear at hearing.

10/17/12

Juliana Marcolinoi Junqueira (T/A JJ Home Improvement)

Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.

10/17/12

David Allen (T/A Advanced Data Systems)

Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.

10/17/12

Oleg Rabinovich and Globe Institute of Technology, Inc.

Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.

10/17/12

Barbara Durfee (D/B/A Durfee's Varrysburg Diner)

Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.

10/17/12

Javid Dal

Petitioner's name deleted from order per DOL request after hearing.

10/17/12

Harry Jensen and Insula Dom Skylights, Inc.

Petition dismissed where petitioner failed to appear at hearing.

10/17/12

William Dorvillier and Wm Dorvillier & Company, Inc. (T/A CGI Co.)

Petition dismissed where petitioner failed to appear at hearing.

10/17/12

Robert G. McLeod (T/A JMC Service & Sales) also (T/A Mr. Applicance of JMC)

Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.

10/17/12

Cynthia S. Videtti D/B/A Blue Martin Seafood Grille & Company

Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.

10/17/12

Brian S. Ofsie and Vanguard Funding, LLC

Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.

10/17/12

Svetislav Jovanovic and Autoprevoz Trucking Corp.

Interim Decision: Board grants DOL permission to amend orders to correct spelling of name.

10/17/12

Dr. Tiffany Aiello, M.D.,P.C.

Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.

10/17/12

Zen Chryi Yuan

Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.

10/17/12

Jay Endelson

Petition dismissed where petitioner failed to file an amended petition according to Board Rules.

10/17/12

Ann L. Heiderreich and Scott C. Shipley and Louis S. Jensen and Susan C. Kramer and Community Energy Service, Inc.

Petition granted and orders are withdrawn where payment was received.

10/17/12

Alan Luckman (T/A Capital A/V Systems)

Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.

10/17/12

Scott Perry and Carmella Sorto (T/A Bankers Life & Casualty Co.)

Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.

10/17/12

Joseph P. Lombardo and 102 Linwood Inc. (T/A Lombardo Funeral Home)

Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.

10/17/12

Joseph P. Lombardo and 102 Linwood Inc. (T/A Lombardo Funeral Home)

Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.

10/17/12

Catherine Poses and Eva's Decorating, LLC (T/A Eva's Design and Decorating)

Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.

10/17/12

GMA Mechanical Corp.

Petition dismissed where petitioner failed to file an amended petition according to Board Rules.

10/17/12

Christopher Long

Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.

10/17/12

George O. Caneda a/k/a Jorge O. Caneda (T/A Everything Goes Realty)

Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.

10/17/12

Nai-Ching Sun

Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.

10/17/12

Zen-Chyi Yuan a/k/a Zenia C. Yuan

Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.

10/17/12

Vladimir Lekhnovskiy and Modern Construction of NY, Inc.

Petition dismissed where petitioner failed to file an amended petition according to Board Rules.

10/17/12

David B. Itzkowitz

Reconsideration granted and Board's decision of July 16, 2012 is hereby revoked and the amended petition is hereby filed.

10/17/12

Iqbal Ahmed

Interim Decision: Orders amended to remove name of petitioner? wife listed as an aka

10/17/12

Susan Mampilly

Interim Decision: Orders modified to remove petitioner's name.

10/17/12

Parmod Jindal

Orders modified to remove petitioner's name.

10/17/12

City of New York Human Resources Administration

Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.

10/17/12

City of New York Human Resources Administration

Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.

10/17/12

Village of Colonie

Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.

10/17/12

Beer Union Ltd.

Certificate of Incorporation ?Approved.

Docket Number

Date Issued

Case Name

Summary of Board Decision

9/10/12

Altour Service, Inc.

Mandatory gratuities which were billed to customers of a limousine company as gratuities and which customers believed to be for drivers, belonged to the drivers under Labor Law ?198-d and were not waived. Ref. Samiento v World Yacht, Inc., 10 NY3d 70 (2008)

9/10/12

Michael Wilson and Michael Wilson Realty, LLC (T/A WNY Metro Wilson Realty)

Petition dismissed where petitioner failed to appear at hearing.

9/10/12

Ed Sawyer and Sunroom Additions, Inc.

Petition dismissed where petitioner failed to appear at hearing.

9/10/12

Martin Goonetilleke A/K/A Shawn Goonetilleke A/K/A Shanthipa Goonetilleke and Extraordinary DVD Video Corp. (T/A Extraordinary DVD & Video)

Order affirmed where petitioner? evidence that claimant did not work for him was not credible.

9/10/12

Kamal Khadr and 126 Bake Corp. (T/A Tasty)

Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.

9/10/12

Robert Reitman and B. Reitman Blacktop, Inc.

Order affirmed as modified to acknowledge that some wages had been paid to one claimant but otherwise petitioner failed to carry its burden of proof where there were no records.

9/10/12

Ompattie Ramnauth and Little Creative Minds Inc.

Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.

9/10/12

Richard Alpert and Manny? Cheesecake, Inc.

Petition dismissed where petitioner failed to appear at hearing.

9/10/12

Paul J. Montalto

Order revoked as to individual employer where he did not hire, fire, supervise or control payroll.

9/10/12

Apollo Steel Corporation (T/A Apollo Steel)

Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.

9/10/12

Josef Koniarz and Venus Construction Ltd.

Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.

9/10/12

Daniel Delisa and Champion Maintenance Contractors Inc.

Order modified but upheld where individual fit the definition of employer of all three claimants.

9/10/12

Patrick Hall (T/A Personal Best Personal Fitness)

Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.

9/10/12

Richard W. Wright and Seahag 2 Services

Petition granted where order was rescinded by department.

9/10/12

Rudolph Handel and East End Wine Cellars, LLC

Petition dismissed where petitioner failed to appear at hearing.

9/10/12

Neil Scheier and Armstrong Senior Living

Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.

9/10/12

Joel Spivack, Sally Spivack and Progressive Foot Care P.C.

Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.

9/10/12

Neil Scheier and Vienna Gardens, LLC

Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.

9/10/12

Henry Nieto and Empire City Electric, Inc.

Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.

9/10/12

Aslam K. Panjwani and 41-55 Main Street, Inc. and Cigar Warehouse Inc. and John #40, Inc. (T/A On the Luck)

Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.

9/10/12

Robert D. Sullivan and Thornberry? Restaurant, Inc.

Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.

9/10/12

Yerachmiel Moshe Singer and 660 Realty Properties, LLC

Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.

9/10/12

Mahesh Jani and NJDV Hospitality, Inc. (T/A Ramada Hotel & Conference Center)

Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.

9/10/12

Julie Stroka and Griddlefish Inc. DBA Canine Solutions By Invisible Fence

Petition dismissed where petitioner failed to appear at hearing.

9/10/12

Jacinto Abreau and Roseari Meat Market Inc. (T/A Super Extra Supermarket)

Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.

9/10/12

Sean Piasecki and Eastern Medical Support, Inc.

Order concerning vacation pay and insurance payments was valid where individual contract was signed despite contrary provisions in personnel manual. Order reimbursing claimant for cell phone charges was revoked where there was no evidence that there was any agreement.

9/10/12

Robert Thomas Agnew and LCL Chelsea Corp. (T/A Las Chicas Locas)

Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.

9/10/12

Guy Constantopoulos (T/A 7-Eleven Food Store #22644)

Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.

9/10/12

Walter Ramsey

Petition dismissed where petitioner failed to file an amended petition according to Board Rules.

9/10/12

William Thygesen (T/A Buffalo CDL Training Institute)

Motion to dismiss untimely petition granted.

9/10/12

Suzuki 112 USA LLC (T/A 112 Mitsubishi)

Motion to dismiss untimely petition granted.

9/10/12

Paul Gambino and P.C. Consulting Management Corp.

Motion to dismiss untimely petition granted.

9/10/12

Aldo R. Mosquera and H.A.B. Inc. (T/A Home Boys Auto Boutique)

Motion to dismiss untimely petition denied where there was improper service of the order and it is insufficient to mail one copy to two parties.

9/10/12

Carney J. Scott and Late Harvest LLC (T/A Bussaco)

Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.

9/10/12

Andrew B. Chase

Petition dismissed where petitioner failed to file an amended petition according to Board Rules.

9/10/12

Arthur Purville and Wayne Purville and Graphic Arts, Inc.

Petition dismissed where petitioner failed to file an amended petition according to Board Rules.

9/10/12

Danny Miller Jr. and Long Island Painting and Paper Hanging Inc.

Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.

9/10/12

David Bean and Jean Bean

Order amended to remove names of petitioners and petition granted.

9/10/12

U.S. Non Wovens Corp. and U.S. Nonwovens Corp.

Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.

9/10/12

Ruben Torres T/A Familia Torres General Contracting, Inc.

Petition dismissed where petitioner failed to file an amended petition according to Board Rules.

9/10/12

Suffolk County Police Department

Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.

9/10/12

Niskayuna Permanent Fireman? Association

Certificate of Incorporation ?Approved.

9/10/12

Association of Women Accountants in Real Estate, Inc.

Certificate of Incorporation ?Approved.

9/10/12

Muttontown Police Benevolent Association Inc.

Certificate of Incorporation ?Approved.

9/10/12

Commanding Officers?Association of the MTA

Certificate of Incorporation ?Approved.

Docket Number

Date Issued

Case Name

Summary of Board Decision

7/16/12

Lewis A. Polsinelli, Jr. (T/A L & A Autobody and L & A Auto Center

Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.

7/16/12

Elhannon, LLC (D/B/A Elhannon Wholesale Tree Nursery)

Employees of tree nursery who also worked part of the week in employer? landscaping business doing work other than planting the nursery? trees were not exempt from overtime for that week under the agricultural exemption.

7/16/12

Xian Hua Qui d/b/a Wong? Kitchen

Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.

7/16/12

Donald Contreras and PC Construction Inc

Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.

7/16/12

Dr. Sabrina Shue and Dr. Joseph Ho and Advanced Solutions Pain Management, PLLC

Employer may not deduct salary advances from future paychecks even if employee signs over paycheck.

7/16/12

Karen M. Schimpf & Sew On ?Sew Forth, Inc

Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.

7/16/12

Enzo Palmeri and Hylan Bistro, Inc.

Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.

7/16/12

Jamil Uddin and Jamil MD Uddin and Techno International Corp. (T/A Green Cafe)

Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.

7/16/12

Jaynal Abdin and Mohammed B. Hague and Faleh Hamdam and Mariam Food Corp. (T/A Key Food Quality)

Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.

7/16/12

Vlademiro Santos

Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.

7/16/12

Manko Auatomotive Enterprises, Inc. (T/A Manko? Truck & Auto Repair)

Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.

7/16/12

DeGeorge Ceilings, Inc.

Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.

7/16/12

Maksym Lyushnenko (T/A TDJ & Max) also (T/A TDJ @ Max)

Petition dismissed where petitioner failed to appear at hearing.

7/16/12

Elena Stanciu and G & L Finishing Industry Inc.

Petition dismissed where petitioner failed to appear at hearing.

7/16/12

Carl P. Bonetto & Tabu of WNY, Inc.

Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.

7/16/12

Matthew Biagiotti, Terminal Millwork Inc. and TMI Properties LLC

Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.

7/16/12

Salvatore Giambanco and Carmine A. Ciccone (T/A Fabios)

Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.

7/16/12

Jongoon Kim and Pacific Foods (NY) Corp

Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.

7/16/12

Elido Torresp

Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.

7/16/12

Rafael E. Tavarez and 680 Franklin Grocery Corp. (T/A Brooklyn Deli)

Order withdrawn by the Department of Labor.

7/16/12

Oscar D. Etuk and Shore Line Medical Service, P.C.

Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.

7/16/12

Lewis A. Polsinelli, Jr. (T/A L & A Autobody and L & A Auto Center)

Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.

7/16/12

Adrian Tolbaru

Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.

7/16/12

United Refining Company of Pennsylvania (T/A Kwik Fill)

Withdrawal of petition approved by Board.

7/16/12

Alice Ault

Withdrawal of petition approved by Board.

7/16/12

Moshe Vardi, Joseph Vardi, Nizamudeen Mansoori and Vardi Gem Lustre, LLC

Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.

7/16/12

Michael Bergold (T/A Harbors Asset Construction)

Motion to dismiss untimely petition granted.

7/16/12

Jose R. Medina and 642 Vegs & Meat Corp. (T/A Met Supermarket)

Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.

7/16/12

Kyle Eric Norton and Norton Law Group, LLC

Petition dismissed where petitioner failed to file an amended petition according to Board Rules.

7/16/12

Reuven Enterprises, Inc.

Petition dismissed where petitioner failed to file an amended petition according to Board Rules.

7/16/12

Elite Dental Care, P.C.

Petition dismissed where petitioner failed to file an amended petition according to Board Rules.

7/16/12

Donald V. Pearce (T/A Affordable Home Improvement)

Motion to dismiss untimely petition granted.

7/16/12

137 7th Avenue Corporation

Interim Decision: Motion to withdraw and amend order to add new party was granted.

7/16/12

David B. Itzkowitz

Petition dismissed where petitioner failed to file an amended petition according to Board Rules.

7/16/12

Laraine Lia Castellano and Dennis Scialpi and Thomas Scialpi Jr. and United Bus Group, Inc. (T/A United Bus)

Interim Decision: Motion to withdraw and amend order to correct name of party and to add new party was granted.

7/16/12

Erasmo Espinal and J&E Meat corp. (d/b/a C-Town Supermarket)

Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.

7/16/12

Todor Stefan a/k/a Tom Stefan and North Star Knitting Mills Inc. (T/A North Star)

Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.

7/16/12

Melind Oza and Kaanam, LLC

Withdrawal of petition approved by Board.

7/16/12

Jay Gusler

Commissioner determination that verbal dispute at work did not give rise to general duty clause violation was affirmed.

7/16/12

Bricklayers & Allied Craftworkers Local 5 New York Realty Corporation

Amendment to Certificate of Incorporation ?Approved.

7/16/12

Screen Actors Guild ?American Federation of Television and Radio Artists

Application for Authority to do business in New York State ?Approved.

7/16/12

Washington County Deputy Sheriff? Police Benevolent Association, Inc.

Certificate of Incorporation ?Approved.

7/16/12

Herzliya Films, LLC (Union HZ)

Certificate of Assumed Name ?Approved.

7/16/12

Peekskill Police Superior Officers Association, Inc.

Certificate of Incorporation ?Approved.

Docket Number

Date Issued

Case Name

Summary of Board Decision

5/30/12

Soraya Sampson and Urban League of Westchester County, Inc.

Employer may not make deduction from an employee? final wages for advanced vacation days; civil penalty revoked where testifying investigator did not know reason for penalty. Ref: Labor Law § 193.

5/30/12

George Muller and Ivan Muller and 615 Ocean Avenue Realty Corp.

Order finding building owners owed several months of unpaid wages to superintendent modified where petitioners produced records meeting their burden of proof to show that most of the wages had been paid.

5/30/12

Nick Malegiannakis and NSM Restaurant Corp. (T/A Michael? Diner)

Order finding petitioners paid waitresses less than minimum wage affirmed where in the absence of payroll records, petitioners did not meet their burden of proof, and the Commissioner? determinations and calculations were reasonable. Furthermore, it was reasonable for the Commissioner not to provide the petitioners a tip credit and meal allowance, where the petitioners did not keep records of tips earned and meals provided. Order finding the petitioners made illegal deductions from their employees?wages revoked where no evidence supported such order. Refs: 12 NYCRR 137-3.4 [c] [2009]; 12 NYCRR 137-3.8 [2009]; Bakerman. Inc. v Roberts, 98 AD2d 965 [4th Dept 1983]; Padilla v Manlapaz, 643 F Supp 2d 302, 310 [EDNY 2009].

5/30/12

Ruth Sullivan and TLC Moving & Storage, Inc.

Order awarding expense reimbursement revoked where petitioner proved that expenses were unnecessary and there was no agreement to pay; Wage Order reduced where petitioner proved some payment.

5/30/12

Eric Vahab and Audio Town Inc.

Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.

5/30/12

Mauricio Fernandez and 869 J. Meat Corp. (T/A Fine Fare Supermarket)

Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.

5/30/12

Jay Metz and Alicia H. Metz and Lauren Simmons and GRJH, Inc. (T/A Sunoco Queensbury)

Motion to dismiss case made after petitioner presented case at hearing was granted where petitioner failed to make a prima facie case.

5/30/12

Akihiko Hirahata (T/A Torigo Japanese Restaurant)

Order finding petitioner failed to pay overtime modified where evidence showed employees did not work as many hours as determined by the Commissioner. Petitioner, however, failed to prove that employees were paid an hourly rate, and Commissioner? determination that employees were paid a weekly salary was reasonable. Where employees were paid by a weekly salary, regular hourly wage rate is calculated by dividing the gross wages paid by the number of hours worked in a week. Overtime rate is one and one-half times the regular hourly rate. Refs: 12 NYCRR 137-1.3 [2009]; 12 NYCRR 137-3.5 [2009].

5/30/12

Rick Fiallo, Frank Marino, and FM Cleaning Inc. (T/A Maid Pro)

Order affirmed where petitioners?own records indicated that claimant worked more hours than were paid for.

5/30/12

Robert W. Oley, Jr. (T/A KPI Cleaning) also (T/A Karpet Partners Inc.)

Petition dismissed where Petitioner failed to appear at hearing.

5/30/12

Yomtov Kohen and Cool Jeans Ltd.

Petition dismissed where Petitioner failed to appear at hearing.

5/30/12

Michael L. Sanfilippo and CMJ Home Improvements, Inc. (D/B/A Superior Sealers)

Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.

5/30/12

Christopher M. Lambert and New York Private Investigation Services, Inc.

Petition dismissed where Petitioner failed to appear at hearing.

5/30/12

Myant J. Kyaw a/k/a Jeffrey Wu and Mon Chong Loong Trading Corp.

Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.

5/30/12

John Ciccarelli and Elaine Ciccarelli and Aero Central Clothing Inc.

Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.

5/30/12

Robert J. Ritter and Ritter & Associates, LLC

Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.

5/30/12

Brian D. Mejias and White Glove Transportation Services, Inc.

Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.

5/30/12

Brandon Philpart-Tyson and Maruti Corp d/b/a Ravel Hotel

Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.

5/30/12

Vincent T. Lombardo and Diana Hiotis and Peek-A-Boo Inc. (T/A Peek-A-Boo Adult Mega Store)

Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.

5/30/12

Richard W. Drake, Jr. and CornerStone Telephone Company, LLC

Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.

5/30/12

Joseph Parker (T/A Joe Parker Racing Stable)

Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.

5/30/12

Claudio Perfetto Enterprises Co., Inc.

Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.

5/30/12

Dervish Kraki and Besim Kraki and Turnpike Deli Bagels and Bakery Inc.

Wage order affirmed for one claimant but revoked as to wages due another claimant where all testimony indicated that claimant was never employed by petitioner.

5/30/12

Jose Castellanos

Interim Decision: Commissioner? application to withdraw order and issue new orders to correct error and name new party was granted.

5/30/12

Thomas Schneider and Jim Celli and TNT Transportation, Inc.

Order finding that petitioners owed wages to a dispatcher modified where petitioners produced records showing that some of the wages were paid.

5/30/12

Lewis Black and Fred Loe and The Mott Group, Ltd. (T/A The Mott)

Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.

5/30/12

Arik A. Dombe and Amtech Air Conditioning & Heating Inc.

Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.

5/30/12

Jae Kun Jung and Sik Young Kim and 158 W Food Corp. (T/A Times Deli)

Minimum wage order affirmed where petitioners did not produce credible evidence that employees were paid in accordance with Article 19, and where Commissioners determinations and calculations were reasonable. Order finding that the petitioners appropriated gratuities from service employees also affirmed, where evidence showed that credit card tips were pooled and shared with non-service employees in violation of Labor Law § 196-d. Refs: Labor Law § 196-d; Hartnett v. Wade-Mark Eleven, Inc., 156 AD2d 559 [2d Dept 1989].

5/30/12

William Robbins and Rubberform Recycled Products, LLC

Application for Reconsideration granted and decision of December 14, 2011 is revoked.

5/30/12

Perry Davis (dba Buckeyes Chicken)

Interim Decision: Commissioner? application to withdraw orders and issue amended orders to add corporation as a party.

5/30/12

Isaac Stein and Monroe Orthotics and Prosthetics Inc.

Motion to dismiss untimely petition granted.

5/30/12

Sonia A. Dixon (T/A Dixon Paralegal & Expediting Services, Inc.)

Motion to dismiss petition for failure to state a cause of action was granted where only ground alleged was financial hardship of petitioner.

5/30/12

Dustin DiMisa and Intercontinental Capital Group, Inc.

Motion to dismiss untimely petition granted.

5/30/12

Tam Phung , Jenny Phung and Mat Partners II, LLC (T/A South Acres Mobile)

Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.

5/30/12

Erasmo Espinal and J & E Meat Corp. (T/A C-Town Supermarket)

Withdrawal of Petition approved by Board.

5/30/12

Robert Shapiro

Commissioner determination that adverse employment action was not in retaliation for health and safety complaint was affirmed.

5/30/12

Engelke Farms, LLC

Motion to dismiss petition for failure to state a cause of action was granted.

5/30/12

Chautauqua County Gerace Office Building

Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.

5/30/12

Terryville Fire District

Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.

5/30/12

Eastchester Fire District

Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.

5/30/12

City of New York Department of Environmental Protection

Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.

5/30/12

Lindenhurst UFSD ?Lindenhurst HS

Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.

5/30/12

Rensselaer County

Withdrawal of Petition approved by Board.

5/30/12

Copiague Fire District

Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.

5/30/12

Amoseastern Apparel, Inc. (Huyton Union)

Certificate of Assumed Name ?Approved.

5/30/12

Security Officers and Drivers, Association Employed by the College of Saint Rose, Inc.

Certificate of Incorporation ?Approved.

5/30/12

HHC PBA Inc.

Certificate of Incorporation ?Approved.

Docket Number

Date Issued

Case Name

Summary of Board Decision

3/29/12

Joseph Williams and Bronx Prospect Corp.

Petition dismissed where Petitioner failed to appear at hearing.

3/29/12

Paul Muller and Marcia Muller and Friendly Transportation, Inc.

Order for wages due to livery driver upheld as modified where employer had no records but wages adjusted based on claimant's testimony at hearing.

3/29/12

Mohamed Oummih

Order against individual affirmed as to one claimant and revoked as to the other where they worked at different times and individual only supervised and paid one of the claimants and not the other.

3/29/12

Nick Malegianniakis and NZM Restaurant Corp. (T/A Michael's Diner)

Order finding that petitioner retaliated against claimant revoked where date on order preceded filing of claim.

3/29/12

Dennis Brinkworth and Colter Bay Grill, Inc. (T/A Colter Bay Grill)

Petition dismissed where petitioner's address and phone were no longer valid; appeal abandoned.

3/29/12

John E. Jeffers and J.J. Maddens Inc. (T/A Buona Sera)

Wage Order for restaurant chef upheld where petitioner failed to prove chef was partner.

3/29/12

Nancy Solomon and John Ellertsen and Dorothy Jacobs and Long Island Traditions, Inc.

Wage supplements order on vacation wages was upheld where petitioner provided contradictory statements regarding contents of vacation policy.

3/29/12

Jerwaine Gorman and J. Gorman Investment Group, LLC (T/A Cold Stone Creamery)

Petition dismissed where petitioner failed to appear at hearing after he requested and agreed to the adjournment date.

3/29/12

E.R. Spada, II and the Digital Page, LLC

Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.

3/29/12

Ira Zimmerman and Precision Financial, Inc.

Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.

3/29/12

David White and Schonbek Worldwide Lighting Inc.

Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.

3/29/12

Shawkat Minhas and Minhas Properties, Inc. (T/A Berkshire Travel Lodge)

Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.

3/29/12

James Bovino and The Winthrop Corp. Inc.

Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.

3/29/12

Charles G. Smith and Nyckel City, LLC

Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.

3/29/12

Dr. Bruce Pinker

Petition granted and Board approves amendment of Orders removing petitioner's name.

3/29/12

Kim T. Tran and KT Nail, Inc. (T/A Design Nails Salon Inc.)

Petition dismissed where Petitioner failed to appear at hearing.

3/29/12

Arthur Wasserspring and Jeffrey Micheli

Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.

3/29/12

Martin Medina and Rachel's Tacqueria, Inc.

Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.

3/29/12

Martin Medina and The Original California Taqueria II, Inc. (T/A La Taqueria II)

Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.

3/29/12

Yakov Basmanov

Petition dismissed where petitioner failed to amend orders to state the reasons they were invalid or unreasonable.

3/29/12

Anuj T. Thukral and Anuj Rani Group, LLC (T/A Rani Spas)

Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.

3/29/12

Anuj T. Thukral and Rani Creations, Inc.

Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.

3/29/12

Anuj T. Thukral and Beauty with Herbs Inc.

Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.

3/29/12

Anuj T. Thukral and Anuj Acquisitions Inc.

Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.

3/29/12

Tripta R. Thukral and Ramesh K. Thukral

Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.

3/29/12

Anuj Thukral and Rani Creations Inc.

Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.

3/29/12

Anuj Thukral and Rani Creations Inc.

Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.

3/29/12

Anuj Thukral and Lovleen Herbal Inc.

Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.

3/29/12

Anuj Thukral and Herbal 2 Inc.

Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.

3/29/12

Anuj Thukral and Beauty with Herbs Inc.

Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.

3/29/12

Anuj Thukral and Rani Creations Inc.

Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.

3/29/12

Anuj Thukral and Rani Creations Inc.

Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.

3/29/12

Anuj Thukral and Beauty with Herbs Inc.

Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.

3/29/12

Farhat N. Qureshi and Brite Limousine International, Inc.

Interim Decision: Motion to dismiss late petition granted in part and denied in part based on service.

3/29/12

GMA Mechanical Corp., and Gina Yanucci

Application for reconsideration was granted and Decision dated September 9, 2011 was revoked.

3/29/12

Hezi Torati and Torati Holdings, LLC (T/A NSS Financial Services, LLC)

Interim Decision: Motion to withdraw and amend orders to correct spelling of name was granted.

3/29/12

Cheryl Joyles (T/A Madison Day Care)

Motion to dismiss untimely petition granted.

3/29/12

James Napolitano and Napolitano Brothers, Inc. (T/A The Eatery on North) also (T/A The Avenue Deli Cafe)

Motion to dismiss untimely petition granted.

3/29/12

Rejik Majtara and Universal Construction & Painting Corp.

Motion to dismiss untimely petition granted.

3/29/12

Stefan Hilderbrandt and Manfred Hilderbrandt and Rollo Mio, LLC

Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.

3/29/12

Paul Danko

Petition to review determination that petitioner did not suffer a retaliatory termination was denied where protected activity occurred 10 years prior and evidence of other misconduct supported termination so that the Department of Labor's determination was not unreasonable or invalid.

3/29/12

Women's National Basketball Players Association Inc.

Certificate of Incorporation - Approved.

3/29/12

Sheriff's Employees Association of Cayuga County

Certificate of Incorporation - Approved.

3/29/12

New York Civil Liberties Union Foundation, Inc.

Certificate of Incorporation - Approved.

Docket Number

Date Issued

Case Name

Summary of Board Decision

01/30/2012

Tu Chin Lin and Wan Long, Inc.

Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.

01/30/2012

Alan Crowley and Teknex NY, Inc.

Orders affirmed where petitioner departed hearing after settlement offer was not accepted.

01/30/2012

Alejandro Celso Saavedra

Application for reconsideration of dismissal of petition for failure to appear at hearing denied .

01/30/2012

Anthony Bove and Above Construction Corp.

Orders affirmed where petitioner failed to prove he did not employ claimant.

01/30/2012

Shui Hing Chan

Petition dismissed where Petitioner failed to appear at hearing.

01/30/2012

Domenic Gatto and Atlantic Express Transportation Corp.

Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.

01/30/2012

James V. Carbone and JBNJ of New York, Inc. (T/A Video World)

Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.

01/30/2012

Ranjana Khan and Naeemuddin Khan and Phoenix Hand Embroidery, Inc.

Penalty for failure to register as an apparel contractor revoked where no evidence that petitioner had employees.

01/30/2012

Shireen Banu A/K/A Shireen Banu Mawani and Mawani Amjad A/K/A Mawani Amiad and Eagle Card & Gift, Inc.

Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.

01/30/2012

Anthony Pergola and Anthony's Custom Closets, Inc.

Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.

01/30/2012

Jin Rong Huang (A/K/A James Huang) and Dawn Fashion, Inc.

Motion to dismiss petition granted where petitioner failed to produce any evidence at hearing.

01/30/2012

Laura Harbour and Kal-Harbour, Inc. (T/A Harbour Roads)

Orders modified where claimant was not an independent contractor and was due minimum wage.

01/30/2012

Peter Durkin and R & R Services, Inc. (T/A Orange Heating & Air Conditioning) A/K/A Orange Heating & Central Air

Order for vacation pay upheld where office manager supported claimant's version of policy and petitioner failed to produce a written policy.

01/30/2012

Ralph Amoruso and Lawrence Amoruso A/K/A Lary Amoruso and Florio's Enterprises, Inc. (T/A Florio's Grill and Cigar Bar)

Petition dismissed where Petitioner failed to file an Amended Petition according to Board Rules.

01/30/2012

Carlos Espinoza and K & P Cleaning Co.

Cleaning company was liable for unpaid wages where it failed to proved that employment had ended.

01/30/2012

Iraj Abdekalimi and 2451 Broadway Market, Inc. (T/A Barzini's)

Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.

01/30/2012

Steve Goldstein and Compsolve of NY, Inc.

Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.

01/30/2012

Sanjiv A. Mody, Sachin A. Mody, and Bombay Kitchen Foods, Inc.

Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.

01/30/2012

Gary Ferone and Great Date Now Inc.

Petition dismissed where Petitioner failed to appear at hearing.

01/30/2012

Thomas Varughese

Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.

01/30/2012

Gene Kagan and Gender Bias Inc.

Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.

01/30/2012

Olga Tskhovrebov and Andrae Tskhovrebov

Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.

01/30/2012

Jerzy Zajaczkowski

Withdrawal of Petition approved by Board.

01/30/2012

John Navelli

Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.

01/30/2012

James T. Metz, Jr., Alicia H. Metz, Lauren Simons, and Hamilton Inc. (T/A Hamilton Restaurant)

Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.

01/30/2012

Steve Swartz

Petition dismissed where Petitioner failed to appear at hearing.

01/30/2012

Navelli Cadillac-Oldsmobile Pontiac-Buick-GMC, Inc.

Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.

01/30/2012

Stephen Egon Ludeke and Accent Maintenance Corp.

Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.

01/30/2012

Alternatives for Battered Women, Inc.

Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.

01/30/2012

Marie Cuoco

Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.

01/30/2012

Anis Hosein, Konstadionos Athanassulas, Ricky Beleno and Dugout Grill, Inc.

Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.

01/30/2012

Wang Law Office, PLLC

Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.

01/30/2012

Charles B. Park and Evergreen Gourmet Deli, Inc.

Petition dismissed where Petitioner failed to file an Amended Petition according to Board Rules.

01/30/2012

Olanrewaju Lanre Olotu and Benjamin Hiwale and Printing Methods, Inc.

Petition dismissed where Petitioner failed to file an Amended Petition according to Board Rules.

01/30/2012

Charles B. Park and Green Cafe, Inc.

Petition dismissed where Petitioner failed to file an Amended Petition according to Board Rules.

01/30/2012

Mary Ann Redding, Derek Dos Anjos and Girl Gangs, Inc.

Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.

01/30/2012

Kong Ming Lee, Fee Yin Lee and Blue Butterfly Fashion, Inc.

Interim Decision: Motion to strike certain items in the Demand for Bill of Particulars granted in part and denied in part and document demand limited.

01/30/2012

Michael DeRubertis (T/A DeRubertis Auto Services and Sales)

Petition dismissed where knee surgery did not excuse late filing.

01/30/2012

Pat Ruppert

Reconsideration granted, decision dated April 27, 2011 is revoked and Petitioner is directed to file an amended petition.

01/30/2012

John Donovan and Lilia Shevchuk (T/A Greenlight)

Motion to dismiss untimely petition granted.

01/30/2012

Raymond Srour

Withdrawal of order approved by Board.

01/30/2012

Mark S. Roseman

Order amended to remove Petitioner's name.

01/30/2012

John M. Marra and Long Island Emergency Services

Motion to dismiss untimely petition granted where petitioner filed his petition two months rather than 60 days after the orders issued.

01/30/2012

DIGU Corporation (T/A M & R Towing)

Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.

01/30/2012

Catherine Davis, Peter Roth, and All Boats, Inc.

Petition dismissed where Petitioner failed to file an Amended Petition according to Board Rules.

01/30/2012

Edward Lotruglio (T/A Edward Lotruglio Stables)

Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.

01/30/2012

Leonard Bauer and Pine Ave. Pizza Inc.

Petition dismissed where Petitioner failed to file an Amended Petition according to Board Rules.

01/30/2012

Jason Ellis and Cakes by Jay, Inc.

Motion to dismiss petition for failure to state a cause of action granted where only allegation concerned lack of funds and bankruptcy filing.

01/30/2012

Stephen E. Wilber & J.S. Wilby, Inc.

Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.

01/30/2012

Molly Hastings

Petition denied where petitioner failed to establish termination was retaliatory in violation of PESHA

01/30/2012

Mama Lor's Union Hill Cafe, Inc.

Certificate of Incorporation - Approved.

01/30/2012

National Association of FSA County Office Employees

Certificate of Incorporation - Approved.

Docket Number

Date Issued

Case Name

Summary of Board Decision

12/14/2011

David R. Fenske (T/A AMP Tech and Design Inc. f/k/a AMP Technologies)

Individual, who was sole shareholder, officer of the corporation and signatory on paychecks, was liable as an employer for unpaid wages and civil penalties; but not liable for vacation pay where he was not the employer when the vacation pay was earned.

12/14/2011

Guardian Loan Company of Massapequa, Inc. (T/A Guardian Loan)

Employee handbook setting forth conditions for when a commission to a mortgage consultant is due and owing was controlling where instances where it was not followed were exceptions to the rule.

12/14/2011

Piotr Golabek and Amica Corp.

Construction workers were employees and not independent contractors of general contractor where he controlled the worksite; estimate of wages owed was adjusted downward.

12/14/2011

Jeana Weinrich and White Lightnin' Logistics, LLC (T/A White Lightnin' Logistics)

Petition dismissed where Petitioner failed to appear at hearing.

12/14/2011

Lorigo's Meating Place, Inc.

Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.

12/14/2011

Linford Hamilton (T/A D & L Groceries, Inc.)

Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.

12/14/2011

Kiernan J. Traynor and Kiernan J. Traynor P.T., P.C. (T/A Summit Sports & Spinal Physical Therapy)

Order finding that employee was owed one week's wages was affirmed where employer only produced ADP records which did not contain a record of hours worked.

12/14/2011

Kuem-Sil Kim & Ann's Rockville Center Nails, Inc. (T/A Star Nails)

Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.

12/14/2011

Lo Hsen Kuo and Five-Star Class Dancing Studio, Inc.

Order for unpaid wages and penalties affirmed where employer had no records and first denied employing claimant at all.

12/14/2011

Scott E. Johnson and Omnis Computers Supplies Inc.

Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.

12/14/2011

Dorothy Giorgianni and Jamaica Towing, Inc.

Order requiring the payment of employee's medical expenses where employer failed to notify employee when benefits terminated was affirmed.

12/14/2011

James Neimeier and Steven Dietz (T/A South Buffalo Charter School)

Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.

12/14/2011

Fernando Castaneda

Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.

12/14/2011

Allen Gutterman (T/A Response Sports Travel)

Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.

12/14/2011

Arthur Tanturri and Chelsea Fine Custom Kitchens

Petition dismissed where Petitioner failed appear at hearing.

12/14/2011

Mohamed Mahmow (T/A New Adirondack Construction)

Petition dismissed where Petitioner failed appear at hearing.

12/14/2011

G.R.J.H., Inc., Alicia Metz and Lauren L. Simons

Order adjusted where petitioners proved that some wages were paid; penalty order for failure to furnish records upheld where records were kept out of state and were not produced in New York.

12/14/2011

Heenam Bae A/K/A Hee Nam Bae A/K/A Henry Bae & Daekyung Bae A/K/A Dae Kyung Bae & Fancy Lexington Ave. Cleaners Inc. T/A Mme. Lucille Cleaner

Board's September decision clarified but otherwise reconsideration denied; petitioners' assumptions regarding speed of work was insufficient to provide an accurate estimate that would sustain their burden of proof.

12/14/2011

Aftabudeen Ahmad Edun (T/A Edun Variety Store)

Order revoked where petitioner proved that claimant was not an employee, in absence of claimant's testimony, despite lack of records.

12/14/2011

Agatha DiCarlo

Petition granted and petitioner's name is removed from order.

12/14/2011

Victor Abreu and Boro Diverse Construction, Inc.

Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.

12/14/2011

Jane Ruffin & Parlor, Inc. (T/A Jane Ruffin's Parlor)

Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.

12/14/2011

Melanie Hanna Roselli

Petition dismissed where Petitioner failed to appear at hearing.

12/14/2011

Dolgencorp of New York, Inc. (T/A Dollar General)

Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.

12/14/2011

Christopher Scaringe and CRS Automotive Corp.

Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.

12/14/2011

Park East Kosher Butchers and Fine Foods, Inc.

Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.

12/14/2011

Slawomir Ratomski

Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.

12/14/2011

Heritage of Amsterdam, LLC (T/A Chestnut Hill Apartments)

Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.

12/14/2011

Agustin Henriquez, Oscar Ortiz and American Maintenance 3 Janitorial Services and Supplies co. Corp. (T/A American Maintenance and Janitorial Services)

Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.

12/14/2011

Iqbal Zaidi (T/A Getty Gas Station)

Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.

12/14/2011

Gary E. Cohn (T/A Cameron Grill)

Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.

12/14/2011

Autoprevoz Trucking Corp.

July decision dismissing petition is revoked and case is reopened.

12/14/2011

Gabriel Rabinovich and G & L Ambulette Co., Inc.

Petition dismissed where Petitioner failed to file an Amended Petition according to Board Rules.

12/14/2011

Daval Parking Corp.

Petition dismissed where Petitioner failed to file an Amended Petition according to Board Rules.

12/14/2011

Maria Kodogiannis, Gus Kodogiannis and MJB Service Station, Inc. (T/A Exxon)

Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.

12/14/2011

Hedy Kodogiannis and Gus Kodogiannis and McGuiness Management Corp.

Board's decision dismissing petition is revoked per settlement and withdrawal of petition approved.

12/14/2011

NNI Enterprises Ltd.

Petition withdrawn with approval of Board.

12/14/2011

Jennifer A. Ames and West Side Pizza

Petition dismissed where Petitioner failed to file an Amended Petition according to Board Rules.

12/14/2011

Michael Wahid Hanna and Mandy Lam Hanna

Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.

12/14/2011

Abraham Weisel and Happy Home Funding, LLC

Commissioner's motion to withdraw orders was granted.

12/14/2011

JC Ann Cleaners, Inc.

Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.

12/14/2011

Leonard Lattanzio and A & L Services LLC

Motion to dismiss untimely petition granted.

12/14/2011

North Manhattan Construction Corp.

Petition dismissed where Petitioner failed to file an Amended Petition according to Board Rules.

12/14/2011

Lisa DiPinto and LCK Services Corp.

Petition dismissed where Petitioner failed to file an Amended Petition according to Board Rules.

12/14/2011

Central Staffing Services, Inc.

Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.

12/14/2011

Mercedes Marta Goris 7 Joseph Corp. (T/A Fine Fare Supermarket)

Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.

12/14/2011

Abdul Wahed Choski and Everything for a Dollar (USA) Inc.

Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.

12/14/2011

Ben Ami

Petition dismissed where Petitioner failed to file an Amended Petition according to Board Rules.

12/14/2011

Candy Tech LLC

Petition dismissed where Petitioner failed to file an Amended Petition according to Board Rules.

12/14/2011

Stacey Sosa and Tecton Cafe Inc. (T/A Estancia 460)

Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.

12/14/2011

Premium Capital Funding, LLC D/B/A Topdot Mortgage

Petition dismissed where Petitioner failed to file an Amended Petition according to Board Rules.

12/14/2011

Christos A. Mantzaris and Sophia Mantzaris and C & S Food Service Inc.

Petition dismissed where Petitioner failed to file an Amended Petition according to Board Rules.

12/14/2011

William Robbins and Rubberform Recycled Products, LLC

Petition dismissed where Petitioner failed to file an Amended Petition according to Board Rules.

12/14/2011

American Glory Restaurant Corp.

Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.

12/14/2011

John Barrett, Robert Kutleh, Eurest Services, Inc. and Kimco Facilities Services Corp.

Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.

12/14/2011

Ambush Alarm & Electronics, Inc.

Petition dismissed where Petitioner failed to file an Amended Petition according to Board Rules.

12/14/2011

Schweizer Aircraft Corp.

Petition withdrawn with approval of Board.

12/14/2011

Kevin Brazill

Petition withdrawn with approval of Board.

12/14/2011

City of New York Department of Environmental Protection Owls Head Wastewater Treatment Plant

Petition withdrawn with approval of Board.

12/14/2011

Jericho Fire District

Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.

12/14/2011

New York State Office of Mental Health (Hutchings Psychiatric Center)

Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.

12/14/2011

City of Long Beach

Petition withdrawn with approval of Board.

12/14/2011

Review of Modification of Abatement Date Granted to the City of New York Fire Department

Modification of Abatement Date by PESH upheld where no response to notice was filed. Ref. 12 NYCRR 804.7

Docket Number

Date Issued

Case Name

Summary of Board Decision

10/11/11

RAM Hotels, Inc. (T/A Rodeway Inn)

Order for unpaid wages for husband and wife desk clerks at motel based on 91 hours of work per week upheld where employer failed to have records and testimony that they worked only 40 hours per week was not credible.

10/11/11

Prakash Hundalani and Sherry's Restaurant of NY (T/A Mi Nidito)

Order for unpaid wages due kitchen staff at restaurant, including unidentified employees, was affirmed. Commissioner of Labor may issue order based on its investigation, filing of wage claim is not required. Ref: Garcia v Heady, 46 AD3d 1088 (3d Dept 2007); Reich v Petroleum Sales, Inc., 30 F3d 654 (6th cir 1994)

10/11/11

Jerome Pollock and Velma B. Pollock

Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.

10/11/11

Stone Artist, Inc.

Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.

10/11/11

Anthony Giarletta (T/A Grill Beverage Barn) also (T/A GCG Beverage Corp.)

Order finding petitioner liable for overtime wages modified where petitioner proved that the claimant did not work the number of hours per week found by the order and where claimant was absent from the country for a period of time each year. Additionally, order imposing a civil penalty against the petitioner for failing to provide the claimant with a 30 minute meal period each shift was revoked where evidence demonstrated that the claimant did have a 30 minute meal period each month. Civil penalties for failure to provide wage statements and failure to keep required records reduced from $3,000 to $1,000 each because there was no proof of prior violations. Refs: Labor Law 218.

10/11/11

Zych Enterprises, Inc.

Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.

10/11/11

Mitchell Friedman (Work Location) Belmont Park

Petition dismissed where Petitioner failed appear at hearing.

10/11/11

Thomas Leishman and Mabel Moran's Restaurant Inc.

Petition dismissed where Petitioner failed appear at hearing.

10/11/11

David Juneau

Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.

10/11/11

Ralph Amoruso and Lawrence Amoruso A/K/A Larry Amoruso and Florio's Enterprises, Inc. (T/A Florio's Grill and Cigar Bar)

Motion for reconsideration was granted where dismissal was based on failure to amend the petition.

10/11/11

Jeffrey a. Heath and Landstone Search Crop. (T/A The Landstone Group) also (T/A Management Recruiter of Manhattan)

Order finding commissions due to executive recruiter revoked where petitioners met burden of proof to show that conditions set forth in commissions agreement for earning a commission had not been met by the claimant on the disputed transaction.

10/11/11

David J. Baron and Baron Auto City Inc. (T/A Baron Auto Mall)

Petition dismissed where Petitioner failed appear at hearing.

10/11/11

Dominick A. DeCicco and Antoinetta DeCicco and Baychester Supermarket Corp. (T/A C-Town)

Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.

10/11/11

Gregory J. DiPrima (Work Location) Belmont Park

Petition dismissed where Petitioner failed appear at hearing.

10/11/11

Keong Eui Schairer and Hanam Asset Acquisition, Inc. (T/A Brian Deli)

Petition dismissed where Petitioner failed appear at hearing.

10/11/11

Kelly Bok-Ja Lee and Kelly Nail Salon Inc.

Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.

10/11/11

Christopher Firenzi and Creative Construction & Home Improvements, Inc.

Petition dismissed where Petitioner failed appear at hearing.

10/11/11

Michael J. Innella and Chester Heights Enterprises, Inc.

Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.

10/11/11

Muktiar Ghuman Singh (T/A GP Soft Touch Car Wash)

Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.

10/11/11

Matthew Foglia and Gotham City Mortgage Corp.

Petition dismissed where Petitioner failed appear at hearing.

10/11/11

Robert Kutteh and Crothall Healthcare, Inc.

Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.

10/11/11

Davinder S. Makan and Makan Land Development-One LLC

Order for unpaid wages was affirmed where records were deficient and petitioner failed to prove employee was paid.

10/11/11

Spa 88 LLC

Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.

10/11/11

Moshe Mallul and City Mint Inc.

Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.

10/11/11

David Ishay

Motion to dismiss untimely petition granted.

10/11/11

Timothy Sorenson (T/A Ocean Contracting/ Dumpsters 4 Less)

Motion to dismiss untimely petition granted.

10/11/11

Bickram Singh

Motion to dismiss untimely petition granted.

10/11/11

Pjeter Vulaj and Veteti Corp

Interim Decision: Motion to dismiss untimely petition denied where individual petitioner was served at home address. Ref: Labor Law 33.

10/11/11

Ramdat K. Harihar and R & C Apparel Corp.

Motion to dismiss untimely petition granted.

10/11/11

Victor Qubrusi

Motion to dismiss untimely petition granted.

10/11/11

Hezi Torati and Torati Holdings, LLC (T/A NSS Financial Services, LLC)

Interim Decision: Motion to withdraw and amend orders granted.

10/11/11

Eric Forte and Prudential Borrowing, LLC

Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.

10/11/11

Herbert Robertson

Interim Decision: Motion to amend Article 19 wage order to remove petitioner's name granted.

10/11/11

Jason S. Gross and Corporate Security Installations, Inc.

Motion to dismiss untimely petition granted.

10/11/11

Sean DePew (T/A The Dolomon Organization LLC)

Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.

10/11/11

Home Depot U.S.A.

Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.

10/11/11

Cynthia Lake

Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.

10/11/11

Adam Crown

Resignation from volunteer Fire Department under threat of discipline and criminal charges was adverse action in retaliation for voicing health and safety concerns. Ref: Labor Law 27-a (6) (c)

10/11/11

Local 12 Union Advancement Fund, Inc.

Certificate of Dissolution - Approved.

10/11/11

United Laundry Association, Inc.

Certificate of Incorporation - Approved.

Docket Number

Date Issued

Case Name

Summary of Board Decision

9/9/11

Omar Thabet and La Gallina Inc. "Rev'd by Thabet v Department of Labor, Sup Ct, Kings County, March 29, 2012, Ruchelsman, J., Index No.25325/11."

Order for unpaid wages upheld, but modified, where employer failed to keep records and testimony was inconsistent even though employer argued that claimant never worked for him.

9/9/11

Maria M. Podraza and First Suffolk Mortgage Corp.

Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.

9/9/11

Bernard J. Lombardi and Allan Greenstein and John Lombardi and Automatic Appliance Parts Inc.

Order finding that employee was due difference between base salary and guaranteed yearly earnings was upheld; severance pay tendered and accepted could not be revoked; yearly guarantee did not extend into second year of employment where there was renegotiation.

9/9/11

Yossi's Grill, Yossi's Grill, Inc., Joseph Shaubi, EMEJ Inc. (T/A Yossi's Grill)

Order for unpaid overtime wages was upheld yet modified where both employer and employee testified that the employee was paid on an hourly basis and not by salary.

9/9/11

Manshui S. Ng and MLW Co., Inc.

Motion for reconsideration of dismissal of untimely petition denied.

9/9/11

Knight Marketing Corporation of New York State (T/A Knight Marketing Corp. of NY)

Order for full, not partial, flex leave pay upheld even though employee did not complete full year of employment, where policy credited employee with flex leave at beginning of year.

9/9/11

Jim Lawson and LCS Group, LLC and Ramon Guardado (T/A Guardado construction LLC)

Petition dismissed where Petitioner failed appear at hearing.

9/9/11

David Gath and Dave's Mobile Lock < Key Inc.

Petition dismissed where Petitioner failed to appear at hearing.

9/9/11

Stephos E. Georgiou and Tasos Enterprises Inc. (T/A Stevie's Coffee Shop)

Petition withdrawn with approval of Board.

9/9/11

Robert M. Weichert

Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.

9/9/11

Heenam Bae and Daekyung Bae and Fancy Lexington Ave. Cleaners, Inc. (T/A MME Lucille Cleaners)

July 26, 2011 decision corrected and reissued.

9/9/11

Kravetz Realty, Inc., Gary Steven Kuskin, and Laurie Jane Kuskin

Petition granted.

9/9/11

Tamona Renee Tigner and Tellin' Tales, Inc.

Petition dismissed where Petitioner failed to appear at hearing.

9/9/11

Ollie's Bargain Outlet, Inc.

Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.

9/9/11

Robert Picard

Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.

9/9/11

James Jae Kwon and Ace Wine < Liquor of Shirley, Inc.

Motion to dismiss untimely petition granted.

9/9/11

Hedy Kodofiannis and Gus Kodogiannis and McGuinness Management Corp.

Petition dismissed where Petitioner failed to file an Amended Petition according to Board Rules.

9/9/11

Lisa McClaine

Petition granted.

9/9/11

Healthcare Services Group, Inc.

Motion to dismiss untimely petition granted.

9/9/11

Jean-Luc Samyn and Jean-Luc Samyn, Inc.

Petition granted.

9/9/11

Paul Rosano and Velocity Express Leasing

Amendment of Order approved by Board.

9/9/11

Champayne Bowling, LLC (T/A Silent Partners Marketing)

Petition dismissed where Petitioner failed to file an Amended Petition according to Board Rules.

9/9/11

Shabbat LLC

Motion to dismiss untimely petition granted.

9/9/11

Daniel Bonamassa

Petition dismissed where Petitioner failed to file an Amended Petition according to Board Rules.

9/9/11

Romeo Limousine

Petition dismissed where Petitioner failed to file an Amended Petition according to Board Rules.

9/9/11

GMA Mechanical Corp.

Petition dismissed where Petitioner failed to file an Amended Petition according to Board Rules.

9/9/11

Salma Choudhry and A<Z Service Center Inc. (T/A Citgo Service Station)

Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.

9/9/11

Jack Teich and Mark Teich and ACME Architectural Products, Inc.

Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.

9/9/11

Nirmala Mitra M.D., FAAN

Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.

9/9/11

Nancy E. Walker

Petition dismissed where Petitioner failed to file an Amended Petition according to Board Rules.

9/9/11

Universal Ready Mix

Petition dismissed where Petitioner failed to file an Amended Petition according to Board Rules.

9/9/11

Eastern Health Care Services, DC PC

Petition dismissed where Petitioner failed to file an Amended Petition according to Board Rules.

9/9/11

Andrew Gasparro A/K/A Andrew Gasparo and Landmark consultants Corporation and Landmark Abatement < Demolition, Inc.

Petition withdrawn with approval of Board.

9/9/11

City of Yonkers

Stipulation of Settlement and withdrawal of Petition pursuant to Board rule 65.15.

9/9/11

United Service Workers Labor-Management Corporation

Certificate of Incorporation - Approved.

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.

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.

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.