Motion to Augment (name extension) in Faisel A Haruna a/k/a Faisel Haruna, Cameron Transport Corp. v. Commissioner Of Labor, State Of New York Industrial Board Of Appeals| Trellis.Law

On May 08, 2023 a Appellate Materials was filed involving a dispute between Cameron Transport Corp., Faisel A Haruna A K A Faisel Haruna, and Commissioner Of Labor, State Of New York Industrial Board Of Appeals, for Special Proceedings - CPLR Article 78 in the District Court of Niagara County.

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NYSCEF DOC. NO. 18 , fA: RECEIVED NYSCEF: 07/08/2023
H !l{L L

Harriman t)ffice
. 12 - Room !83
Albany. '\iew York i2240
Phone. i5l~; -!7-.!--:.!785 Fax: (.5l8i 47J-73331'.\iot for senic·ei

ACKNOWLEDGEMENT OF RECEIPT AND SERVICE OF PETITION

Date: March 11, 2020

To: Pico Ben-Amotz, General Counsel James C. Roscetti, Esq.
New York State Department of Labor Roscetti & Decastro, P.C.
State Office Campus, Building 12 730 Main Street
Office of Counsel - Room 509 Niagara Falls, NY 14301
Albany NY 12240

From: Dana E. DePass, Secretary to the Board ~>Jz;.t/

Re: The Petition of Faisel Abuu Haruna AKAFaisel Haruna and Cameron Transport Corp.
Docket No. PR 20-041

The Industrial Board of Appeals (Board) received the above-referenced petition on 2/26/2020 in
an envelope post-marked 2/25/20. A copy of the petition with this memorandum is enclosed to Mr. Ben-
Amotz as service on Respondent Commissioner of Labor (Commissioner).

The Commissioner's response must be served and filed in accordance with the Board's Rules of
Procedure and Practice § 66.5. The Board's Rules can be found at www.industrialappeals.ny.gov. Upon
service and filing of a response, the case will be processed further.

Kindly note the referenced docket number P~ ~l),._(lijt in future correspondence concerning
this matter.

Enclosures

Pico Ben-Amotz, General Counsel (w/enc. of petition)
James C. Roscetti, Esq. (w/enc. of information sheet and notice of appearance form)

IBA- Albany/NYC
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The New York State Industrial Board of Appeals has received your petition and it is being
processed.

This case has been assigned Board Docket No.: PffliJJ*#:fi
About the Industrial Board of Appeals
The New York State Industrial Board of Appeals (Board) is a neutral agency that is separate from
the New York State Department of Labor (DOL). Individuals or businesses may petition the
Board for an independent review of certain orders issued by the Commissioner of Labor. If an
individual or business disagrees with an order issued to them, they must timely file a petition
with the Board to appeal the order.

In cases that require a hearing, the Board designates a neutral hearing officer to preside at a
hearing at which evidence is taken. The parties before the hearing officer are you (the
petitioner) and the Commissioner, who is represented by- an attorney. You are not required to
have an attorney at a Board hearing, but you have the right to be represented.

Board's decision will be based on the evidence in the record ofthe hearing. The Board's review
follows the procedures contained in the Board's Rules of Procedure and Practice (Rules). See
12 New York Code of Rules and Regulations (NYCRR) Part 65 et seq. These rules are available
online at www.industrialappeals.ny.gov

Hearing Process
Below is a general description of the procedures for Board hearings. This description is not
comprehensive and is only intended to let yo~ know generally what may occur. Your case is not
guaranteed to be processed in this exact way.

Before the Hearing
Before the hearing, the Board may hold a pre-hearing telephone or in-person conference. If
such a conference is scheduled, you will receive a Notice of Pre-Hearing Conference. You or
your representative, a member of the Board's staff, and an attorney for the Commissioner
participate in the conference. During the conference, the parties have an opportunity to
ask questions about the Board's procedures and to discuss the case, including the possibility
of settlement.

At the Hearing
You will receive a Notice of Hearing that tells you when and where to appear to present
your case. Hearings are held throughout the state, depending on where you are located. It
is extremely important that you appear as instructed in the Notice. If you do not, your case
may be dismissed without further notification. At the hearing, you may present evidence
and question witnesses that you may bring or witnesses that the other party may bring.

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After the Hearing
Hearings usually last one day or less, but some cases take longer. After a hearing is
completed, the hearing officer will review the transcript of the hearing and all documents
related to the case. The hearing officer will then draft a decision for the Board's
consideration. The Board meets regularly to review cases and issue decisions. Once they
have voted on and signed a decision, copies will be sent to the petitioner and Commissioner
of Labor.

Appealing the Board's Decision
Any party that disagrees with the Board's decision may appeal it in several ways. These are
extremely time sensitive filings and you should consult the Board Rules and the Labor Law
for further information. ,

The Board's Website
The Board's website can be found at www.industrialappeals.ny.gov. On the website you may
access: forms, including subpoena forms; recent decisions of the Board; the Board's rules; and
the times, dates and locations of pre-hearing conferences and hearings in current cases.

Representation and Required Forms
If you are represented by an attorney or someone who receives a fee for representing you, your
representative must complete a Notice of Appearance form. If you are represented by
someone who is not receiving a fee (other than an attorney), please complete a Designation of
Representative form. Both forms are available online at www.industrialappeals.ny.gov
Complete these forms as soon as you get representation so the Board may communicate with
your representative.

Please note: Entering false information or signing someone else's name on these forms may be
a crime. See Penal Law articles 170 and 175.

Correspondence
Due to the volume of correspondence that we receive, the Board will not accept any
correspondence or pleadings by fax without prior permission, unless it is a time sensitive
request related to a scheduled hearing.

Please note the Board docket number provided on this form in future correspondence about
this matter. If you do not note the docket number, processing of your appeal may be delayed.

Questions
If you have questions, please see our Frequently Asked Questions page at
www.industrialappeals.ny.gov or call (518) 474-4785 Monday through Friday, 8:30 a.m. to 4:30
p.m.

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:/l_
NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 07/08/2023
)OCKET NO . ..---;--~...c..-;-'"-'--'

STATE OF NEW YORK

NOTICE OF APPEARANCE

Section 166 of the Executive Law requires a regulatory agency to maintain for public inspection, a record
of who appears before it, for a fee as a third party (i.e., an attorney, an agent, lobbyist*, or
representative) on behalf of a person or organization subject to the regulatory jurisdiction of the agency.
This usually occurs when the third party's client is involved in an enforcement, formal permit, or
application matter. This form is subject to all the rules and regulations of the Freedom of Information
Law. Information that is confidential as a matter of Jaw need not be furnished.

Agency:
- - - - - - - - - - - - - - - - - - - - - Date:
Division/Bureau:
--------------------------------
1. Name of individual appearing:
Address:
Telephone:

2. Client represented:
Address:
Telephone:

3. Subject of appearance: _ _ Regulatory/Enforcement Lobbying

4. Acting in capacity of: ·
Attorney _ Lobbyist
_ Agent _ Other (describe)

5. Are you being compensated? Yes No If Yes: Fee _ Salary .

6. Signature of individual appearing:

7. Agency official (print name):
Signature:
-----------------------------
*A LOBBYIST is a person or organization, other than a New York State government employee acting in
an official capacity, who appears for the purpose of influencing the adoption or rejection of proposed
rules, regulations, rates, legislation, including the State budget or the specification or award of a State
Procurement Contract. An "appearance" for lobbying purposes can be a personal visit, letter, telephone
call, conversation at a meeting, or any other type of contact, but does not include "on the record"
proceedings or hearings.

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LAW OFFICES
ROSCETII & DECASTRO, P.C.

JAMES C. ROSCETTI
RECEIVED 730 MAIN STREET
DAMON A. DECASTRO Industrial Board of AppeJi§A5ARA FALLS, NEW YORK 14301-1773
ALAN J. ROSCETTI TELEPHONE (716) 282·1242
CAMILLE SARKEES BROWN TELEFAX (716) 282-5090
DAMON A. DECASTRO II
MAR 81 2020

March 26, 2020

State of New York
Industrial Board of Appeals
Harriman Office Campus
Building 12 - Room 183
Albany, New York 12240

RE: The Petition of Faisel Abuu Haruna a/k/a Faisel Haruna
& Cameron Transport Corp.
Docket No.: PR20-041

Secretary to the Board:

We are writing to you with respect to the above mentioned
matter. Enclosed herewith find Notice of Appearance. If there is
any additional information you desire, kindly feel free to
contact us.

Thank you for your kind courtesies and cooperation.

Yours very truly,

ROSCETTI & D~CASTRO, P.C.

By:

JCR:mk
enc.

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cao -o VI
NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 07/08/2023
oocKET No. ft:.
RECEIVED
Industrial Board of Appeals

MAR31 2020 STATE OF NEW YORK

NOTICE OF APPEARANCE

.......n.~'ri:~~ requires a regulatory agency to maintain for public inspection, a record
~ ~n~,e-,t,1"'1'.1'1t!"t..~,m
of who appears before it, for a fee as a third party (i.e., an attorney, an agent, lobbyist*, or
representative) on behalf of a person or organization subject to the regulatory jurisdiction of the agency.
This usually occurs when the third party's client is involved in an enforcement, formal permit, or
application matter. This form is subject to all the rules and regulations of the Freedom of Information
Law. Information that is confidential as a matter of law need not be furnished.

Agency: NY Industrial Board of Appea ls Date: ~
Ma ~
r ch~- 2020 - - -
"""------'=-=-==
Division/Bureau:
- - - - -- - - - - - - - -- - - - - - - - - - -- - - - - -
1. Name of individual appearing: James C. Roscetti, Esq.
- - - - - - - - - -~ - - - - -- -- - --
Address: ] ]0 Main Street, Niagara Falls, New York 14301

Telephone: CZ16) 282-1242

2. Client represented: Faisel Abuu Haruna and Cameron Transport Corp,
Address: 2821 Pine Avenue, Niagara Falls, NY 14301
Telephone: c/o (716)282- 1242 x 122

3. Subject of appearance: Regulatory/ Enforcement _ _ Lobbying

4. Acting in capacity of:
x Attorney Lobbyist /Ji
_ Agent --
. Other (descri,~-eW/

5. Are you being compensated? x If Yes: Fee _ Salary

6. Signature of individual appearing:

7. Agency official (print name):
Signature: _ _ _ _ _ __ _ __ _ _ _ _ _ __ __ _ _ _ _ _ _ _ _ __ _

*A LOBBYIST is a person or organizati father than a New York State government employee acting in
an official capacity, who appears for the purpose of influencing the adoption or rejection of proposed
rules, regulations, rates, legislation, including the State budget or the specification or award of a State
Procurement Contract. An "appearance" for lobbying purposes can be a personal visit, letter, telephone
call, conversation at a meeting, or any other type of contact, but does not include "on the record"
proceedings or hearings.

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STATE OF NEW YORK
INDUSTRIAL BOARD OF APPEALS

Harriman Office Campus
Building 12 - Room 183
Albany, New York 12240
Phone: (518) 474-4785 Fax: (518) 473-7533 (Not for service)

June 4, 2020

By Regular Mail By Email Only
James C. Roscetti, Esq. Steven J. Pepe, Senior Attorney
Roscetti & DeCastro, P.C. New York State Department of Labor
730 Main Street Harriman State Office Campus, Bldg. 12
Niagara Falls, NY 14301 Office of Counsel, Room 509
Albany, New York 12240
Counsels.ls@labor.ny.gov

Re: The Petition of Faisel Abuu Haruna AKAFaisel Haruna and Cameron Transport Corp.
Docket No. PR 20-041

Dear Mr. Roscetti and Mr. Pepe:

The Board is in receipt of Mr. Pepe’s letter dated June 4, 2020, wherein he requests a
thirty (30) day extension of time to file a response in the above-named matter. Based on the
reasons provided in his letter the Board grants the respondent’s request. Please be advised that an
answer must be filed with proof of service on or before July 6, 2020.

Sincerely,

Jane M. Ipanaque
Administrative Assistant

Visit our Website at www.industrialappeals.ny.gov
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Steven J.Pepe, Esq.
Senior Attorney

New York State Department of Labor
Harriman State Office Building Campus
Building 12, Room 509, Albany, NY 12240
(518) 457-1818 \ Steven.Pepe@iabor.nv.qov
www.labor.nv.qov

June 4, 2020

Hon. Molly Doherty, Chairperson
Industrial Board of Appeals
State Office Building Campus
Building 12, Room 183
Albany, New York 12240

Re; In the Matter of the Petition of Faisel Abuu Haruna, a/k/a Faisel Haruna
and Cameron Transport Corp.
Docket No.: PR 20-041

Dear Hon. Doherty;

The Respondent seeks a thirty (30) day extension of time to file an answer to the petition in the above
referenced matter. Due to the COVID 19 crisis and the ensuing work from home orders, I have not yet
received a copy of the investigative file, which is needed to prepare the Answer. As we are expected
to start returning to the office next week, I anticipate that the investigative file will be available to
facilitate preparation of an Answer within 30 days.
I have been unable to reach the Petitioner’s attorney, James Roscetti, to obtain his consent to same.

Your courtesies in this matter are greatly appreciated.

Very truly your^

’Ste^n 'Pepe
Senior Attorney

SJP
cc; James C. Roscetti, Esq.
Roscetti & DeCastro, P.C.
730 Main Street
Niagara Falls, NY 14301

NEWVORK
STAtR Of

of Labor
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STATE OF NEW YORK
INDUSTRIAL BOARD OF APPEALS

Harriman State Office Campus
Building 12 - Room 183
Albany, New York 12240
Phone: (518) 474-4785  Fax: (518) 473-7533 (Not for service)

NOTICE OF MEDIATION
Date: December 10, 2020 Time: 1:30 P.M. – 2:30 P.M.
via https://meetny.webex.com/
Meeting Number: 178 800 5092
Meeting Password: PR20041

Board Docket No.: PR 20-041
In the Matter of the Petition of: Faisel Abuu Haruna AKAFaisel Haruna and Cameron Transport Corp.

Mediation Officer: Hon. Matthew Robinson-Loffler, Associate Counsel

Petitioner(s) Respondent
James C. Roscetti, Esq. Steven J. Pepe, Esq.
Roscetti & DeCastro, P.C. New York State Department of Labor
730 Main Street Harriman State Office Campus, Building 12
Niagara Falls, NY 14301 Office of Counsel, Room 509
jcroscetti@gmail.com Albany, New York 12240
counsels.ls@labor.ny.gov

To Participate in the scheduled Mediation:
 Go to https://meetny.webex.com/
 Enter Meeting Number: 178 800 5092
 Enter Meeting Password: PR20041
 Click “Join Meeting”
 Enter your name and your email address in the boxes indicated.
 Click “Join Meeting”
 Choose your preferred audio and video connection types. All parties, representatives and witnesses
must appear by video. Audio-only participation will not constitute appearance.

Party representatives are responsible for ensuring that they have the technological ability to participate in the
mediation. For any questions about compatibility between WebEx and your device and/or operating system,
please visit https://help.webex.com/en-us/. Participants may also use Cisco’s test-meeting tool to verify their
ability to participate in the scheduled proceeding prior to the conference’s date.

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November 3, 2020
PR 20-041

Notice: If you need an interpreter or other assistance, please notify the Board immediately at (518) 474-4785.

Mediation: Prior to the mediation, parties are expected to have communicated with their clients and witnesses. Each
party must have a representative with the authority to bind said party to a settlement agreement available by phone
during the mediation. During the mediation, the parties must be prepared to discuss how each piece of evidence they
wish to enter at hearing is necessary or relevant to their case and discuss specific objections to the proposed exhibits
offered by their adversary. Please attempt to join the meeting ten (10) minutes before its scheduled start time.

Filing Deadline: At least one week before the scheduled mediation, the parties are directed to file with the Board copies
of the following:
 A witness list;
 An exhibits list; and
 A copy of each exhibit intended to be used at hearing.
a. Petitioner documents should be marked in number sequence. (Ex. P-1, P-2, P-3)
b. Respondent documents should be marked in letter sequence. (Ex. R-A, R-B, R-C)
c. Each exhibit should also be marked with a page number (bates number)

The filing of exhibits should be handled in the same manner as filing correspondence with the Board. For further
information, please see the Board’s Guideline for Filing Correspondence Electronically.

Party Communication: Prior to the Mediation, the parties are directed to review and to discuss with each other the
potential for stipulated or joint exhibits prior to the mediation. The parties may communicate with one another in any
manner they see fit and do not need to copy the Board on any of those communications.

Subpoenas: You may request to subpoena witnesses and/or documents. A request for subpoenas must be made in
advance of the hearing date to allow the Board to review and approve the subpoena(s) and provide time for the requesting
party to serve the subpoenas. Board Rule § 65.20 governs subpoenas. Requests can be submitted using the Board's
subpoena form, attachment "a" (used to describe documents being requested) and an affidavit of service (for proof of
service of a Board executed subpoena). For more information, please see the Board’s instructions for subpoenas.

Adjournments: If you are unable to participate on the scheduled day, you may request an adjournment. A copy of the
request must also be sent to the opposing party. Before asking for an adjournment, please consult with the opposing party
to obtain consent for the adjournment and to pick multiple dates that both parties can agree to reschedule before
submitting the request to the Board. Address your letter to the hearing officer’s attention and send it electronically using
the Board’s Guideline for Filing Correspondence Electronically, or by mailing the request to: Industrial Board of Appeals,
Harriman Office Campus, Building 12 - Room 183, Albany, New York 12240.

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STATE OF NEW YORK
INDUSTRIAL BOARD OF APPEALS

Harriman State Office Campus
Building 12 - Room 183
Albany, New York 12240
Phone: (518) 474-4785  Fax: (518) 473-7533 (Not for service)

November 6, 2020

Via Email Only

James C. Roscetti, Esq. Steven J. Pepe, Esq.
Roscetti & DeCastro, P.C. New York State Department of Labor
730 Main Street Harriman State Office Campus, Bldg. 12
Niagara Falls, NY 14301 Office of Counsel, Room 509
jcroscetti@gmail.com Albany, New York 12240
Counsels.ls@labor.ny.gov

Re: The Petition of Faisel Abuu Haruna AKAFaisel Haruna and Cameron Transport Corp.
Docket No. PR 20-041

Dear Mr. Roscetti and Mr. Pepe:

By notice dated November 3, 2020, the Board scheduled a mediation conference for
December 10, 2020 at 1:30 p.m. to discuss the above-referenced matter. Unfortunately, due to a
scheduling conflict the mediation has been rescheduled and will now be held on Thursday
December 17, 2020 at 10:00 a.m. instead. Please see the attached Notice of Rescheduled
Mediation. We apologize for any inconvenience this may have caused.

Sincerely,

Jane M. Ipanaque
Administrative Assistant

Attached Notice of Rescheduled Mediation

Cc: Matthew Robinson-Loffler, Associate Attorney

Visit our Website at www.industrialappeals.ny.gov
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STATE OF NEW YORK
INDUSTRIAL BOARD OF APPEALS

Harriman State Office Campus
Building 12 - Room 183
Albany, New York 12240
Phone: (518) 474-4785  Fax: (518) 473-7533 (Not for service)

NOTICE OF RESCHEDULED MEDIATION
Date: December 17, 2020 Time: 10:00 A.M. – 11:00 A.M.
via https://meetny.webex.com/
Meeting Number: 178 800 5092
Meeting Password: PR20041

Board Docket No.: PR 20-041
In the Matter of the Petition of: Faisel Abuu Haruna AKAFaisel Haruna and Cameron Transport Corp.

Mediation Officer: Hon. Matthew Robinson-Loffler, Associate Counsel

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November 6, 2020
PR 20-041

Notice: If you need an interpreter or other assistance, please notify the Board immediately at (518) 474-4785.

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STATE OF NEW YORK
INDUSTRIAL BOARD OF APPEALS

Harriman State Office Campus
Building 12 - Room 183
Albany, New York 12240
Phone: (518) 474-4785  Fax: (518) 473-7533 (Not for service)

November 24, 2020
Via Email Only

Re: The Petition of Faisel Abuu Haruna AKAFaisel Haruna and Cameron Transport Corp.
Docket No. PR 20-041

Dear Mr. Roscetti and Mr. Pepe:

The Board is in receipt of Mr. Roscetti’s letter, dated November 20, 2020, informing the Board
that the petitioner, Cameron Transport Corp. has filed a Chapter 11 bankruptcy petition. Mr. Roscetti’s
letter further states that he has been advised that the filing of the bankruptcy petition should “stay all
proceeding affecting Cameron,” including the scheduled mediation.

The Board has held that the automatic stay provision of the Bankruptcy Code does not preclude
the Board from deciding an appeal as the bankruptcy proceeding has no bearing on the reasonableness
and validity of the order issued by the Commissioner but is only relevant to its eventual enforcement
(Matter of Kerber and Wurld Media, Inc., Docket No. PR 08-170, at pp. 2–4 [October 21, 2009]; see also
Matter of Ralph T. Pescrillo, Pescrillo Niagara, LLC and Pescrillo New York, LLC (T/A Ralph T.
Pescrillo Development), Docket No. PR 16-155, at p. 10 [January 30, 2019]; Matter of Maddi, MD and
Joseph L. Maddi, Physician, PC, Docket No. PR 10-301, at p. 2 [February 27, 2014]; Jason Ellis and
Cakes by Jay, Inc., Docket No. PR 11-245, at p. 2 [January 30, 2012]).

Therefore, the mediation will go forward, as scheduled, on December 17, 2020, beginning at
10:00 a.m., in accordance with the previously issued Notice of Mediation.

Sincerely,

Matthew D. Robinson-Loffler
Associate Counsel
Visit our Website at www.industrialappeals.ny.gov
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STATE OF NEW YORK
INDUSTRIAL BOARD OF APPEALS

Harriman State Office Campus
Building 12 - Room 183
Albany, New York 12240
Phone: (518) 474-4785  Fax: (518) 473-7533 (Not for service)

NOTICE OF VIDEO HEARING
Date: April 13 and 14, 2021 Time: 10:00 A.M. – 5:00 P.M.
via https://zoom.us/join
Meeting ID: 973 0786 8337
Meeting Passcode: PR20041
Board Docket No.: PR 20-041
In the Matter of the Petition of: Faisel Abuu Haruna AKAFaisel Haruna and Cameron Transport Corp.

Hearing Officer: Hon. Matthew D. Robinson-Loffler

To Participate in the scheduled hearing:
 Go to https://zoom.us/join
 Enter Meeting ID: 973 0786 8337
 Enter Meeting Passcode: PR20041
 Click “Join”
 Choose your preferred audio and video connection types. All parties, representatives and witnesses
must appear by video. Audio-only participation will not constitute appearance.
Party representatives are responsible for ensuring that they have the technological ability to participate in the
conference. For any questions about compatibility between zoom and your device and/or operating system, please visit
zoom’s support page.

January 5, 2021

0099 Visit our Website at www.industrialappeals.ny.gov

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FILED: NIAGARA COUNTY CLERK 07/08/2023 11:04 PM INDEX NO. E179850/2023
NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 07/08/2023
Docket No. PR 20-041
Matter of the Petition of Faisel Abuu Haruna AKAFaisel Haruna and Cameron Transport Corp.

Notice: If you need an interpreter or other assistance, please notify the Board immediately at (518) 474-4785.

The Video Hearing: This a formal administrative hearing to be held at the specified date and time indicated on this
notice. The hearing is like a court trial where each party may offer evidence including the testimony of witnesses and
documents that are relevant to the case. Witnesses must testify under oath and are subject to cross-examination by the
opposing party or the hearing officer. The entire proceeding will be transcribed by a court reporter. After the hearing is
over, parties may not add any additional evidence. The Board’s decision will be based only on the evidence admitted
into evidence by the hearing officer at the hearing.

At Board hearings, the petitioner must prove that the order or determination issued by the Department of Labor is
invalid or unreasonable.

Representation: There is no requirement that you obtain a lawyer. You do have the option to be represented and may
choose to obtain your own lawyer or be represented by another person of your choosing. The respondent, the
Commissioner of Labor, will be represented by a lawyer from the Department of Labor’s Counsel’s Office.

Exhibits: One (1) week prior to the hearing, the parties must file with the Board:
 A written list of all planned witnesses;
 A written list of each exhibit; and
 A copy of each exhibit intended to be used at hearing.
 Petitioner documents should be marked in number sequence. (Ex. P-1, P-2, P-3)
 Respondent documents should be marked in letter sequence. (Ex. R-A, R-B, R-C)
 Each exhibit should also be marked with a unique page number (bates number)

Exhibits must also be exchanged with the opposing party at least one week prior to the scheduled hearing. The filing of
exhibits should be handled in the same manner as filing correspondence with the Board. For further information, please
see the Board’s Guideline for Filing Correspondence Electronically. **Note: If you have previously filed all of your
planned exhibits before the Board, you do not need to refile those exhibits.

Subpoenas: A request for subpoenas must be made, in writing, and in advance of the hearing date to allow the Board to
review and approve the subpoena(s) and provide time for the requesting party to serve the subpoenas. Board Rule §
65.20 governs subpoenas. Use the Board's subpoena form, attachment "a" (used to describe documents being
requested) to request a subpoena. Use the affidavit of service for proof of service of a Board executed subpoena. For
more information, see the Board’s instructions for subpoenas.

Appearance: All parties, representatives, and witnesses must appear by video. Audio-only participation will not
constitute an appearance. Parties are responsible for ensuring that they, and each of their planned witnesses, have the
technological ability to participate in the hearing using both a video and an audio connection.

Default: Parties, or their representatives, are required to attend the hearing. The failure to appear at the beginning of
the scheduled hearing may be deemed a waiver of that parity’s right to further participation in the matter. If the Board
finds that a petitioner(s) has failed to appear, the Board will dismiss the petition. This means that the case is closed, and
the order or determination remains in effect.

Adjournments: If you are unable to participate on the scheduled day, you may request an adjournment. Board rules
require that requests for an adjournment be made, in writing, at least seven (7) days prior to the date of hearing. A copy
of the request must also be sent to the opposing party. Before asking for an adjournment, please consult with the
opposing party to obtain consent for the adjournment and to pick multiple dates that both parties can agree to
reschedule before submitting the request to the Board. Address your letter to the hearing officer’s attention and send it
electronically using the Board’s Guideline for Filing Correspondence Electronically, or by mailing the request to: NYS
Industrial Board of Appeals, Harriman State Office Campus, Building 12 - Room 183, Albany, New York 12240.

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FILED: NIAG

Case Info

Judge

Frank Caruso Track Judge’s New Case

Case No.

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Document Filed Date

July 08, 2023

Case Filing Date

May 08, 2023

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Appellate Materials: Faisel A Haruna a/k/a Faisel Haruna, Cameron Transport Corp. v. Commissioner Of Labor, State Of New York Industrial Board Of Appeals

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