N.Y. LAB Law § 860-E

§ 860-e. Determinations with respect to employment loss. In\ndetermining whether a plant closing or mass layoff has occurred or will\noccur, employment losses for two or more groups of employees at a single\nsite of employment, each of which is less than the minimum number of\nemployees specified in subdivisions four or six of section eight hundred\nsixty-a of this article but which in the aggregate meet or exceed that\nminimum number set forth in such subdivisions, and which occur within\nany ninety-day period shall be considered to be a plant closing or mass\nlayoff unless the employer demonstrates that the employment losses are\nthe result of separate and distinct actions and causes and are not an\nattempt by the employer to evade the requirements of this article.\n