2010 New York Code
LAB - Labor
Article 25-A - (860 - 860-I) NEW YORK STATE WORKER ADJUSTMENT AND RETRAINING NOTIFICATION ACT
860-C - Exceptions.

§ 860-c. Exceptions. 1. In the case of a plant closing, an employer is
  not required to comply with the notice requirement in subdivision one of
  section eight hundred sixty-b of this article if:
    (a)(i)  at  the time the notice would have been required, the employer
  was actively seeking capital or business; and
    (ii) the capital or business sought, if obtained, would  have  enabled
  the employer to avoid or postpone the relocation or termination; and
    (iii)  the  employer reasonably and in good faith believed that giving
  the notice required by subdivision one of section eight hundred  sixty-b
  of  this  article  would  have precluded the employer from obtaining the
  needed capital or business;
    (b) the need for a notice was not reasonably foreseeable at  the  time
  the notice would have been required;
    (c)  the plant closing is of a temporary facility or the plant closing
  or mass layoff is the result of the completion of a  particular  project
  or   undertaking,  and  the  affected  employees  were  hired  with  the
  understanding that their employment was limited to the duration  of  the
  facility or project or undertaking;
    (d)  the  plant  closing  or mass layoff is due to any form of natural
  disaster, such as a flood, earthquake, or drought; or
    (e) the closing or mass layoff constitutes a strike or  constitutes  a
  lockout  not intended to evade the requirements of this article. Nothing
  in this article shall require an employer to serve written  notice  when
  permanently  replacing  a person who is deemed to be an economic striker
  under the National Labor Relations Act (29 U.S.C. 151 et seq.).  Nothing
  in  this  article shall be deemed to validate or invalidate any judicial
  or  administrative  ruling  relating  to   the   hiring   of   permanent
  replacements  for  economic  strikers under the National Labor Relations
  Act.
    2. An employer unable to provide the notice otherwise required by this
  article in a timely fashion as a result of  circumstances  described  in
  subdivision  one  of  this  section,  shall provide as much notice as is
  practicable and at that time shall provide  a  brief  statement  of  the
  basis for reducing the notification period.