Miscellaneous_Notices$Hearings Miscellaneous Notices/Hearings

7/1/15 N.Y. St. Reg. Miscellaneous Notices/Hearings

NEW YORK STATE REGISTER

VOLUME XXXVII, ISSUE 26

July 01, 2015

MISCELLANEOUS NOTICES/HEARINGS

 

Notice of Abandoned Property Received by the State Comptroller

Pursuant to provisions of the Abandoned Property Law and related laws, the Office of the State Comptroller receives unclaimed monies and other property deemed abandoned. A list of the names and last known addresses of the entitled owners of this abandoned property is maintained by the office in accordance with Section 1401 of the Abandoned Property Law. Interested parties may inquire if they appear on the Abandoned Property Listing by contacting the Office of Unclaimed Funds, Monday through Friday from 8:00 a.m. to 4:30 p.m., at:

1-800-221-9311 or visit our web site at: www.osc.state.ny.us

Claims for abandoned property must be filed with the New York State Comptroller's Office of Unclaimed Funds as provided in Section 1406 of the Abandoned Property Law. For further information contact: Office of the State Comptroller, Office of Unclaimed Funds, 110 State St., Albany, NY 12236.

PUBLIC NOTICE

Department of Civil Service

PURSUANT to the Open Meetings Law, the New York State Civil Service Commission hereby gives public notice of the following:

Please take notice that the regular monthly meeting of the State Civil Service Commission for July 2015 will be conducted on July 14 and July 15 commencing at 10:00 a.m. This meeting will be conducted at Media Services Center, Suite 146, South Concourse, Empire State Plaza, Albany, NY.

For further information, contact: Office of Commission Operations, Department of Civil Service, Empire State Plaza, Agency Bldg. 1, Albany, NY 12239 [phone]

PUBLIC NOTICE

Division of Criminal Justice Services DNA Subcommittee

Pursuant to Public Officers Law section 104, the Division of Criminal Justice Services gives notice of a meeting of the DNA Subcommittee to be held on:

Date:	August 14, 2015
Time:	9:30 A.M.-11:30 A.M.
Place:	Empire State Development Corporation (ESDC)
	633 3rd Ave.
	37th Fl./Conference Rm.
	New York, NY

Identification and sign-in are required at this location. For further information, or if you need a reasonable accommodation to attend this meeting, contact: Catherine White, Division of Criminal Justice Services, Office of Forensic Services, 80 S. Swan St., Albany, NY, [phone]

PUBLIC NOTICE

New York City Deferred Compensation Plan

The New York City Deferred Compensation Plan (the “Plan”) is seeking qualified vendors to provide active and/or passive socially responsible investment management services for the Global Socially Responsible Fund (the “GSRF”) investment option of the Plan. The objective of the GSRF is to meet or exceed the Morgan Stanley Capital International World Index. The Plan may construct the Global Socially Responsible Fund investment option using a global equity strategy or from the combination of US and non-US equity strategies. To be considered, vendors must submit their product information to Mercer Investment Consulting. Vendors should input or update their product information, as applicable, on Mercer’s Global Investment Management Database (GIMD). The address for the website is: www.mercergimd.com. Vendors not already registered, please call [phone] for a user I.D. and password to access the database. There is no fee for entering product information on the database. Please complete the submission of product information in the Mercer database no later than 4:30 P.M. Eastern Time on July 1, 2015.

PUBLIC NOTICE

New York City Deferred Compensation Plan

The New York City Deferred Compensation Plan (the “Plan”) is seeking qualified vendors to provide third party foreign exchange services for certain investment options of the Plan. To be considered, qualified vendors must contact Mercer Investment Consulting to obtain and complete a Third Party Foreign Exchange Provider Questionnaire. There is no fee for requesting or completing the Third Party Foreign Exchange Provider Questionnaire. Please complete and submit the Questionnaire to Mercer Investment Consulting no later than 4:30 P.M. Eastern Time on July 1, 2015. The Plan also recommends that vendors interested in this procurement visit the Plan’s website at www.nyc.gov/olr and download and review the applicable documents.

To request Mercer Investment Consulting’s Third Party Foreign Exchange Provider Questionnaire or if you have any questions regarding the Questionnaire, please contact Mercer Investment Consulting. The primary contacts at Mercer Investment Consulting are: Paul G. Sachs [phone] and Greg Cran [phone].

The Third Party Foreign Exchange Provider Questionnaire should be submitted to Mercer via email at [e-mail] and [e-mail].

PUBLIC NOTICE

New York State and Local Retirement System

Pursuant to Retirement and Social Security Law, the New York State and Local Employees’ Retirement System hereby gives public notice of the following:

The persons whose names and last known addresses are set forth below appear from records of the above named Retirement System to be entitled to accumulated contributions held by said retirement system whose membership terminated pursuant to Section 517-a of the Retirement and Social Security Law on or before May 31 2014. This notice is published pursuant to Section 109 of the Retirement and Social Security Law of the State of New York. A list of the names contained in this notice is on file and open to public inspection at the office of the New York State and Local Retirement System located at the 110 State St, in the City of Albany, New York. At the expiration of six months from the date of the publication of this notice. The accumulated contributions of the persons so listed shall be deemed abandoned and shall be placed in the pension accumulation fund to be used for the purpose of said fund. Any accumulated contributions so deemed abandoned and transferred to the pension accumulation fund may be claimed by the persons who made such accumulated contributions or, in the event of his death, by his estate or such person as he shall have nominated to receive such accumulated contributions, by filing a claim with the State Comptroller in such form and in such a manner as may be prescribed by him, seeking the return of such abandoned contributions. In the event such claim is properly made the State Comptroller shall pay over to the person or persons or estate making the claim such amount of such accumulated contributions without interest.

Akamnonu,Anacletus E - Bronx, NY

Connors,Christopher - Syracuse, NY

Hamilton,Donald - Hannacroix, NY

La Valley,Daniel R - Ellenburg Depot, NY

Sample,Chad E - Mooers Forks, NY

For further information contact: Mary Ellen Kutey, New York State Retirement Systems, 110 State St., Albany, NY 12244, [phone]

PUBLIC NOTICE

New York State and Local Retirement System

Pursuant to Retirement and Social Security Law, the New York State and Local Employees’ Retirement System hereby gives public notice of the following:

The persons whose names and last known addresses are set forth below appear from records of the above named Retirement System to be entitled to accumulated contributions held by said retirement system whose membership terminated pursuant to Section 613 of the Retirement and Social Security Law on or before May 31, 2014. This notice is published pursuant to Section 109 of the Retirement and Social Security Law of the State of New York. A list of the names contained in this notice is on file and open to public inspection at the office of the New York State and Local Retirement System located at the 110 State St., in the City of Albany, New York. At the expiration of six months from the date of the publication of this notice. The accumulated contributions of the persons so listed shall be deemed abandoned and shall be placed in the pension accumulation fund to be used for the purpose of said fund. Any accumulated contributions so deemed abandoned and transferred to the pension accumulation fund may be claimed by the persons who made such accumulated contributions or, in the event of his death, by his estate or such person as he shall have nominated to receive such accumulated contributions, by filing a claim with the State Comptroller in such form and in such a manner as may be prescribed by him, seeking the return of such abandoned contributions. In the event such claim is properly made the State Comptroller shall pay over to the person or persons or estate making the claim such amount of such accumulated contributions without interest.

Albin,Chad M - Utica, NY

Alexander,Adrian - Avon, NY

Alexander,Rachelle M - Newark Valley, NY

Almodovar,Angelo S - Corona, NY

Alston,Sherill - Far Rockaway, NY

Altobello,Mark A - Rochester, NY

Ammirati,Peter J - New York, NY

Aran,Michael G - New York, NY

Arrington,Bradley L - Bay Shore, NY

Astore,Nicholas C - Long Beach, NY

Aten,Millicent A - Geneseo, NY

Atkins,Diane L - Liberty, NY

Baker,Angela J - Madrid, NY

Baker,Cheryl A - Walden, NY

Barbee,James H - Jamaica, NY

Baril,Fritz - Queens Village, NY

Barry,Mariam - Poughkeepsie, NY

Bascombe,Aloma P - Bronx, NY

Bay,Sandra L - Albion, NY

Bechard,Stacy M - Byron, NY

Becker,Sarena P - Hoboken,NJ

Beckmann,Michele M - Castleton, NY

Belfance,Bonnie E - Scotia, NY

Bello-Bakare,Sadiat - Staten Island, NY

Beltran Serpas,Jose W - Valley Stream, NY

Benitez,Elizabeth - Menands, NY

Benjovsky,Brenda L - Albion, NY

Bennett,Charles W - Cortland, NY

Bergmann,Lauren N - Coram, NY

Bertolino,Nicholas J - Locust Valley, NY

Blitz,Kenneth M - Kennedy, NY

Bloch,Talia - Brooklyn, NY

Bonilla,Emily - Atlanta, NY

Booker,Edward - Ithaca, NY

Borja,Rosa N - Austin,TX

Breud,Albert A - Middle Village, NY

Burns,Valerie A - Wampsville, NY

Bush,Christopher P - Earlville, NY

Cadeau,Jean D - Pamona, NY

Cain,Sarah B - Brookville, NY

Calhoun,Christopher J - East Greenbush, NY

Calvagna,Stephanie A - Staten Island, NY

Campa,Michael H - Merrick, NY

Campbell,Sarah K - Wevertown, NY

Cannon,Amanda F - Long Beach, NY

Carpentieri,Erin E - Simpsonville,SC

Choi,Jin Mi - Annandale,VA

Clancy,Anthony C - Apopka, FL

Clevenstine,Sean W - Acra, NY

Cocca,Thomas M - Voorheesville, NY

Coffey,Dustin W - Sumter,SC

Coffin,Barbara J - Rochester, NY

Cohen,Karen A - Schenectady, NY

Colquhoun,Elaine - Bronx, NY

Conigatti,Michele A - Staten Island, NY

Cooper,Tamar T - Buffalo, NY

Copey,Dale E - Ontario, NY

Coppola, PAul J - Schenectady, NY

Corellis,Margaret A - Port Orange, FL

Corigliano,Kimberly J - Canisteo, NY

Cortez,Taneasha E - Corona, NY

Cowell,Vanessa - Buffalo, NY

Coxson,Lakiesha J - Jacksonville, FL

Cross,Sommer-Lynn K - Fort Edward, NY

Cup,Judith L - Livonia, NY

Curtin,Karen - Buffalo, NY

Cusa,Louisa H - Highland, NY

Dain,Michael V - Bronx, NY

Darden,Tiffany A - Fort Smith,AZ

Darien,Elfreda F - Bronx, NY

Day,Robert A - Nassau, NY

De Bellis,Rosanna C - Mount Vernon, NY

De Fio,Daniel N - Baldwinsville, NY

Derival,Gebara - Hollis, NY

Dermont,Margaret R - Elma, NY

Diottaviano,Charlie A - New Paltz, NY

Diven,Carmela E - Cortlandt Manor, NY

Donaldson,Matthew F - Dexter, NY

Dorman,Julie M - Ashville, NY

Duclerc,Louis - Astoria, NY

Dudziak,Melissa A - Cheektowaga, NY

Dunn,Dana F - Syracuse, NY

Durham,Clemis M - Russell, NY

Duthoy,Cory J - Syracuse, NY

Eaton,Samantha A - Ausable Forks, NY

Engel,Sally S - Buffalo, NY

Enslow,Hope E - Mchenry,IL

Evans,Charlene S - Brooklyn, NY

Evans,Lauren M - Bloomingburg, NY

Fagan,Gayle L - Cheektowaga, NY

Finley,Tina M - Oneida, NY

Flowers,Cynthia J - Gasport, NY

Franchini,Melody - Baltimore,MD

Freeman,Sheila R - Cuba, NY

Fuller,Lenitsha R - Buffalo, NY

Gagliano,Gregory S - Fairfield, CT

Gallo,Rosario S - Westbury, NY

Garbarino,Elizabeth - E Moriches, NY

Garcia,Teresa F - Garnerville, NY

Garner,Samuel E - Cambria Hts, NY

Genua,John A - Floral Park, NY

Gibbons,Kenneth W - Schenectady, NY

Giraudin,Todd M - Nanuet, NY

Glaser,Adam L - Holbrook, NY

Godfrey,Candace N - Bronx, NY

Goedel,Jamie T - Earlville, NY

Goff,Casey L - Cortland, NY

Golebiowski, PAtsy A - Ossining, NY

Gonzalez,Harry - Central Islip, NY

Graham,Deborah A - Islip, NY

Grant,Victoria A - Glenmont, NY

Green,Junie M - Bayshore, NY

Grenion,Gashane A - Poughkeepsie, NY

Grispino,Shawn L - N Syracuse, NY

Guess,Susan L - Wayland, NY

Hackett,Jeffery J - San Francisco,CA

Hahn,Suzette N - Rochester, NY

Haley,Noelle E - Ballston Spa, NY

Hamelinck,Tanya M - Palm Bay, FL

Hardy,Krista E - Binghamton, NY

Harvey,Gregg L - West Chazy, NY

Hawthorne,Timothy W - Brooklyn, NY

Hetzler,Olivia - Atlantic Beach, NY

Holler,Linda J - Ashtabula,OH

Holley,Antoinette M - Brooklyn, NY

Howard,Samantha M - Brooklyn, NY

Howard,Yalanda M - Yonkers, NY

Jacobowitz,Meryle R - Apex, NC

Jacobs,John C - Buffalo, NY

Johnson,Francis I - Hollis, NY

Jones,Ian L - Maryville,TN

Jones,Jennifer C - Ontario, NY

Jones,Kimberly K - Valley Stream, NY

Joshi,Maneesh D - Medford, NY

Kaplunovsky,Kira - Slingerlands, NY

Kasian,Joseph - Rochester, NY

Katz,Norine M - Freeport, NY

Kaur,Davinder - Franklin Square, NY

Keppel,Kenrick M - Staten Island, NY

Knapp,Cindy Lou - Dexter, NY

Kreiser,Therese - Lake Peekskill, NY

Kruger,Kristen A - Wellsville, NY

Kuliner,Roxanne S - Rochester, NY

Kuster,Christopher D - Bethpage, NY

La Barge,Kim M - Glens Falls, NY

La Delfa,Jon M - Mount Morris, NY

Lambert,Stephanie - East Northport, NY

Lanier,Omar J - Mt Vernon, NY

Lee,Eric B - Syracuse, NY

Lesandro,Ryan M - Hamburg, NY

Lewis,Christina M - Rochester, NY

Link,Carolyn E - Poughkeepsie, NY

Mac Donald,James D - Oswego, NY

Maeng,Sang H - Iselin,NJ

Mahar,Diane M - Ballston Spa, NY

Manoni,Richard - Rensselaer, NY

Marshall,Diane R - Suwanee,GA

Martin,Hazel A - Massapequa, NY

Matthews,John A - Rockville Centre, NY

Mayne,Karen J - Rochester, NY

Mc Clenon,Cynthia A - Nederland,CO

Mc Elligott,Maurice E - So Huntington, NY

Mc Lean,Bobby L - Roslyn, NY

Mc Namara,Sheila J - Monroe, NY

Meck,Lisa M - Pine City, NY

Medionte,Krista L - Vestal, NY

Mennerich,Penny A - Newburgh, NY

Meridin,Aldwyn J - Brooklyn, NY

Merritt,Karl E - Pine Bush, NY

Meyer,Sheri J - Cato, NY

Miller,Kelly A - Bethpage, NY

Milliman,Guy E - Hoosick Falls, NY

Mitchell, PAtrick E - Girard,OH

Morris,David K - Marathon, NY

Morris,Laurie J - Barton, NY

Mosher,Tina M - Averill Park, NY

Moshier,Bruce A - Elmira, NY

Moss,Bethany J - Albany, NY

Moyse,Mary Ann - Staten Island, NY

Mundinger,Robert P - Rexford, NY

Munoz,Mary L - Manhasset, NY

Musngi,Noel G - Nanuet, NY

Nashton-Miller, PAm M - Frankfort, NY

Natelson,Rachel F - Brooklyn, NY

Nguyen,Thuy M - Briarwood, NY

Nieves,Jose D - Buffalo, NY

Norgaisse,Jojo - Troy, NY

O'Brien,Christina C - Great Falls,VA

O'Hara,Daniel A - Rome, NY

O'Hora,Linda R - Auburn, NY

Oatman,Michael R - Woodstock,GA

Oh,Joseph S - New York, NY

Orman,Melissa A - Livonia, NY

Orologio,David J - Wynantskill, NY

Ortiz,Albert - New York, NY

Outtrim,Garry L - Herkimer, NY

Palmero,Jodi K - Rensselaer, NY

Panaparambil,Sali B - Nyack, NY

Pastore,Dena M - Amsterdam, NY

Patterson,Alexander V - Queens, NY

Patterson,Shawntel T - Syracuse, NY

Pekrul,Abby - Tomball,TX

Pena-Wallace,Ana J - Rockville,MD

Peroceir,Joseph S - Albany, NY

Pettit,Michael J - Pulaski, NY

Pimentel,Luis A - Bronx, NY

Pitcher,Kerry L - Fulton, NY

Porter,Theresa P - Tully, NY

Prescott,Maureen S - Loxahatchee, FL

Pullan,Todd A - Jamestown, NY

Rajan,Viju D - Schenectady, NY

Rath,Nathan - Orchard Park, NY

Richards,Sonia C - Newburgh, NY

Rivera-Bobe,Maria - Rochester, NY

Robinson,Anthony - Daytona Beach, FL

Rodriguez-Lugo,Reinaldo - Plattekill, NY

Rodriguez,Joshua - Buffalo, NY

Rooney,Garret P - Ronkonkoma, NY

Roulhac,Jamel P - Freeport, NY

Ruchman,Ellen J - Annapolis,MD

Rudd,Teresa E - Mohawk, NY

Salvatore,Sheila E - Sauquoit, NY

Scelfo,Damian P - West Babylon, NY

Schaefer-Sauerland, PAmela T - West Islip, NY

Schapiro,Carol M - New York, NY

Schenck,Dale R - Cortland, NY

Schroeder,Eric M - Sprakers, NY

Semder,Krista A - Bayshore, NY

Serrano,Rebecca - Oakland Gdns, NY

Sherry,Tina N - Newfield, NY

Shifflett,Michael R - Clayton, NY

Signorelli,Jeffrey J - Islip, NY

Simon,Joshua - Parker,CO

Simon,Letty H - New York, NY

Singer,Christopher R - Fairport, NY

Smart,Michelle A - Wyoming, NY

Smith,Charles B - Wynantskill, NY

Smith,Darlene A - Cortland, NY

Smith,Khadine N - Bellport, NY

Smith,Tracy L - Buffalo, NY

Snow,Nicole S - Rensselaer, NY

Southwell,Harry P - Lindenhurst, NY

Spotts,Zachary C - Shallotte, NC

Steinard, PAtricia A - Northport, NY

Sterling,Jacqueline E - Simpson, PA

Strope,Christopher L - Wellsville, NY

Sulzynski,Tony E - Johnson City, NY

Tahlor,Tara S - Commack, NY

Thompson,William M - Mohawk, NY

Thorne,Dannette - Mount Vernon, NY

Titus,Dwaine J - Binghamton, NY

Traenkle,Douglas - Levittown, NY

Trainham,Lindsay E - Briarcliff, NY

Truesdell,Vilma J - Oneonta, NY

Valencia,Juan M - Mount Vernon, NY

Van Scott,Aaron R - Rochester, NY

Vaughn,Chanelle B - Carthage, NY

Vega De Jesus,Eddie - Cayey,PR

Vitti,Anthony J - Catskill, NY

Walker,Brian - Beacon, NY

Warner,Tammy T - Morrisville, NY

Webster,Mark A - Mexico, NY

Williams,Denise N - Rochester, NY

Willsey,Danielle E - Manorville, NY

Wilson,Francis H - Westbury, NY

Wilson,Joseph L - Albany, NY

Wing,Honey L - Wadesboro, NC

Wiss,Scott L - Massapequa Park, NY

Wodarczak,Daniel R - Sanborn, NY

Wojcik,Ann M - East Amherst, NY

Wood,Randall - Marathon, NY

Wulff,Rebecca L - Cambridge, NY

Zeller,Matthew D - Wingdale, NY

Zitron,Barnett A - Brooklyn, NY

For further information contact: Mary Ellen Kutey, New York State Retirement Systems, 110 State St., Albany, NY 12244, [phone]

PUBLIC NOTICE

Unemployment Insurance Appeal Board

I, Geraldine A. Reilly hereby certify that:

1. I am the Chairman of the New York State Unemployment Insurance Appeal Board.

2. I have researched the provisions of Section 102 of the New York State Administrative Procedures Act.

3. The New York Unemployment Insurance Appeal Board is specifically excluded from the definition of "agency" within Section 102.

4. I have enclosed a copy of the Section of the law with this certification.

Dated: Troy, New York

June 11, 2015

Geraldine A. Reilly

Chairman

Section 460.6 Attorney and registered representative fee procedure.

(a) Requirement for allowance of fees. (1) In any proceeding under Article 18 of the Labor Law no fee for services rendered to a claimant in connection with any claim arising under this article shall be allowable unless such agent is registered with the appeal board or is an attorney.

(2) Each attorney and registered representative who represents a claimant on a fee basis in connection with a claim under Article 18 of the Labor Law shall execute a retainer agreement setting forth the terms of representation and the fee arrangement.

(3) When an attorney or registered representative represents a claimant in connection with any claim arising under Article 18 of the Labor Law, the board or administrative law judge shall ascertain whether such attorney or representative is appearing for the claimant on a fee basis and advise the claimant that fees approved by the board are payable by the claimant.

(4) Following the mailing of a final decision, the attorney or registered representative who seeks a fee for such representation shall provide the claimant with an itemized bill setting forth in detail the work actually performed on behalf of the claimant for which the attorney or registered representative seeks compensation. The itemized bill shall include:

(i) the actual time spent in preparing for and providing representation;

(ii) the number of hearings held in the matter;

(iii) the costs and expenses incurred in representation as described in subdivision (c) (2) below;

(iv) the hourly rate or method used to determine amount of fee requested which must be consistent with the fee arrangement specified in the retainer agreement; and

(v) the total amount of fee requested.

(b) Applications for fee approvals. Attorneys and registered representatives appearing on a fee basis must apply to the board for approval of such fees in accordance with procedures set forth below.

(1) Each application for a fee approval shall consist of the following:

(i) a copy of the fully executed retainer agreement required by paragraph 2 of subdivision a of this section;

(ii) a copy of the itemized bill required by paragraph 4 of subdivision a of this section;

(iii) a statement identifying additional factors to be considered by the board in reviewing such application; and

(iv) a signed certification, on a form provided by the board, attesting to the accuracy of the itemized bill; that benefits were allowed in a final decision in connection with said representation; and that copies of the itemized bill, retainer agreement and any statement of additional factors have been given to the claimant.

(c) Factors to be considered by the board. (1) Claims for services rendered to a claimant by an attorney or registered representative shall not be enforceable unless approved by the board and shall in no event exceed the total benefit allowed. In approving any such fee, the board shall consider the following factors:

(i) the total benefits allowed;

(ii) the time spent in providing representation;

(iii) the legal and factual complexities involved;

(iv) the extent to which the hourly rate or other basis for the fees billed is consistent with the terms of the retainer agreement;

(v) any other factors as the board may deem relevant.

(2) Standards for approving costs and expenses. The board shall approve costs and expenses as follows:

(i) Reasonable travel time and costs;

(ii) Actual costs of copy charges;

(iii) Witness fees in accordance with section 2303 of the Civil Practice Law and Rules; and

(iv) Other reasonable costs or expenses.

(d) Board action on applications. The board shall accept for filing every application that complies with the requirements of subdivision b of this section. The application shall be reviewed for reasonableness of the requested amount in light of the factors set forth at subdivision c of this section. If the requested amount is denied, in whole or in part, the board shall notify the parties setting forth the amounts denied, and the reasons for denial, and shall approve the balance requested.

(1) Applications for up to $600.00 in fees and expenses shall be expedited and may be decided by the executive director or designee on behalf of the board.

(2) Applications for more than $600.00 in fees and expenses shall be decided by individual board members on behalf of the board.

(3) Any fee awarded to an attorney or registered representative shall not exceed the total benefit allowed.

(e) Prohibited payments. No attorney, registered representative or other agent shall solicit or receive any fees, expenses or other money from a claimant, directly or indirectly, for representation before the board unless and until such amount has been approved by the board pursuant to this section, except as follows:

(1) An attorney may solicit and receive an amount up to $600.00 as a retainer to be immediately deposited in an Interest on Lawyers Account (IOLA). Such amount remains the property of the claimant until and unless the board has approved an amount as a fee; and

(2) An attorney or registered representative may obtain a pre-approved credit card authorization for an amount up to $600.00 from a claimant but shall not process said authorization for payment until after the fee has been approved in accordance with the procedures described in this rule.

(f) Restitution. If an attorney, registered representative or other agent receives a payment for representation of a claimant in violation of these provisions, such claimant may submit an application to the board for an order of restitution setting forth the reasons for the request.

(1) The chair of the board shall then designate a member, or an administrative law judge, to hold a hearing, upon due notice to all parties including the corporate surety (see § 460.5 of these regulations), to consider the matter.

(2) If the hearing is held before an administrative law judge, the judge shall conduct the hearing and submit a report to the board, including a recommendation on the matter.

(3) Thereafter, the board shall issue an order on the matter. Such order shall be deemed an order of the board when signed by any member, duly mailed and filed. A copy of the order shall be mailed to all parties in these proceedings, including the corporate surety.

(g) Reconsideration. An attorney, registered representative or claimant who is dissatisfied with the approved fee may file an application with the board for reconsideration of the fee. Such application must be made in writing within 15 days of the mailing of the notice of the fee approval with a proof of service of the application on the other party. As soon as practicable after receipt of the application for reconsideration, the board shall issue a decision setting forth the fee awarded and the reason(s) for the decision. In the board’s discretion, a hearing may be held on the issue of reconsideration of the fee.

(h) Violations. If the attorney or registered representative violates this section or fails to make restitution as ordered, the board may revoke the privilege of the attorney or registered representative from practicing before the board after due notice and an opportunity to be heard in accordance with the procedures described in paragraphs one through three of subdivision (f) of this section.

PUBLIC NOTICE

Uniform Code Regional Boards of Review

Pursuant to 19 NYCRR 1205, the petitions below have been received by the Department of State for action by the Uniform Code Regional Boards of Review. Unless otherwise indicated, they involve requests for relief from provisions of the New York State Uniform Fire Prevention and Building Code. Persons wishing to review any petitions, provide comments, or receive actual notices of any subsequent proceeding may contact Brian Tollsen, Building Standards And Codes, Department of State, One Commerce Plaza, 99 Washington Ave., Albany, NY 12231, [phone] to make appropriate arrangements.

2014-0214 Matter of STREAM Collaborative Architecture + Landscaping, Noah Demarest, 123 S. Cayuga, #201, Ithaca, NY 14850 for a variance related to Change of Occupancy and renovations to 95 Hines Road, Town of Newfield, and Tompkins County, in accordance with the New York State Uniform Fire Prevention and Building Code.

Involved is the renovations to Upson Hall and Phillips Hall atrium. The subject areas are located Hoyt Road, Cornell University, City of Ithaca, and Tompkins County, State of York.

2015-0236 Matter of Andrew Constantino, 69 Delaware Road, Kenmore, NY 14217 for a variance concerning requirements for minimum ceiling height in habitable spaces and minimum headroom clearance for exit stairs.

Involved is addition, alterations and change of occupancy in a three story building of wood, for permanent multiple dwelling occupancy with approximate gross floor area of 2508 square feet, located at 362 Huntington Avenue, City of Buffalo, County of Erie, State of New York.

2015-0241 Matter of Mario Vigliotta, P.O. Box 505, Mastic Beach, NY 11951, for a variance concerning required ceiling height.

Involved are alterations to an existing one-family dwelling, one story in height, approximately 2,160 square feet in area and of type VB construction, located at, 351 Carnation Drive, Shirley, Town of Brookhaven, Suffolk County, New York.

2015-0242 Matter of Frank Notaro, P.O. Box 93, Mattituck, NY 11952, for a variance concerning a required automatic fire sprinkler system for a three story, one family dwelling.

Involved are additions and alterations to an existing one family dwelling, two stories in height, approximately 2,473 square feet in area and of type VB construction, located at, 125 Hill Top Path, Southold, Town of Southold, Suffolk County, New York.

2015-0277 Matter of Christopher T. Munn, 518 James Street, Syracuse, NY 13203 for a variance to the fire rating of cellar stairway in accordance with the New York State Multiple Residence Law.

Involved is a two story building located at 1006 Park Avenue, City of Utica, Oneida County, State of New York.

2015-0280 Matter of Veniamin Osiashvili, 1083 Seawane Drive, Hewlett Harbor, NY 11557 for an appeal and or variances concerning safety requirements, including sprinkler installation.

Involved is an existing dwelling, located at 1083 Seawane Drive, Incorporated village of Hewlett Harbor, Nassau County, New York.

2015-0305 Matter of Rich Garlaus; Fed-EX Ground, 100 Fedex Drive, Moon Township, PA 15108 for a variance concerning requirements for sprinkler system design.

Involved is construction of a one story building, of non-combustible construction, for moderate hazard industrial occupancy with approximate gross floor area of 351,540 square feet, located at 3779 Lake Shore Road, Town of Hamburg, County of Erie, State of New York.

2015-0315 Matter of Mark Calisi – Eagle Properties, LLC, 1330 Rt. 58, Riverhead, NY 11901, for a variance concerning a required automatic fire sprinkler system for a storage facility with a fire area greater than 12,000 square feet and high rack storage.

Involved is the construction of a new storage facility, one story in height, approximately 15,000 square feet in area and of type VB construction, located at, 1330 Rte. 58, Riverhead, Town of Riverhead, Suffolk County, New York.

2015-0324 Matter of Anastasiya Ostapuk, 600 Crooked Brook Road, Deerfield, NY 13502 for a variance related to wood on walls of exit stairway, second means of egress, the fire rating of a cellar ceiling and cellar stairway in accordance with the New York State Multiple Residence Law.

Involved is a three story building located at 1017 Brinkerhoff Avenue, City of Utica, Oneida County, State of New York.