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MATTER OF D'ALTORIO

527330.

172 A.D.3d 1848 (2019)

2019 NY Slip Op 04249

In the Matter of the Claim of James D'Altorio, Respondent. Clare Rose, Inc., Appellant. Commissioner of Labor, Respondent. (And 103 Other Related Claims.)

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

Decided May 30, 2019.

The employer, a beer wholesaler operating warehouses in two locations on Long Island, employed union workers consisting of warehouse workers, delivery drivers and driver salespersons to provide its services. On April 23, 2017, approximately 117 of the union workers went on strike (hereinafter the striking employees),

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