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MATTER OF FERNANDES v. MATRIX MODEL STAFFING, INC.

Index No. 160294/21, Appeal No. 1857, Case No. 2023-00768.

2024 NY Slip Op 01343

IN THE MATTER OF ALVIN CLAYTON FERNANDES, Petitioner-Respondent, v. MATRIX MODEL STAFFING, INC., Respondent-Appellant.

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

Decided March 14, 2024.

Attorney(s) appearing for the Case

The Law Office of Thomas M. Mullaney, New York ( Thomas M. Mullaney of counsel), for appellant.

Before: Kern, J.P., Friedman, Kapnick, Gesmer, Rodriguez, JJ.

Order, Supreme Court, New York County (Frank P. Nervo, J.), entered January 27, 2023, which, to the extent appealed from as limited by the briefs, directed respondent to post an undertaking in the amount of $1 million pursuant to Business Corporation Law § 1118(c)(2), unanimously modified, as a matter of discretion in the interests of justice, to set the undertaking in the amount of $210,961.22, and otherwise affirmed, without costs.

It was within the court's...

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