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IN THE MATTER OF FELIX ASSOC., INC. v. COMMISSIONER OF LABOR

503693.

2008 NY Slip Op 06331

IN THE MATTER OF FELIX ASSOCIATES, INC., Appellant. and COMMISSIONER OF LABOR, Respondent.

Appellate Division of the Supreme Court of New York, Third Department.

Decided and Entered: July 17, 2008.

Attorney(s) appearing for the Case

Elefante & Persanis, L.L.P., Scarsdale (Matthew Persanis of counsel), for appellant.

Andrew M. Cuomo, Attorney General, New York City (Steven Koton of counsel), for respondent.

Before: Cardona, P.J., Peters, Carpinello, Rose and Malone Jr., JJ.

MEMORANDUM AND ORDER

CARDONA, P.J.

In 1979, Felix Pedrillo formed Felix Industries, Inc., which engaged in the business of underground construction and excavation. In 2000, Pedrillo sold Felix Industries to Linc.net, Inc., which continued to operate Felix Industries as a fully owned subsidiary until Linc.net declared bankruptcy in 2002. On September 19, 2003, Felix Associates, Inc. (hereinafter the employer) was formed by five former employees of Felix Industries...

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