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Matter of Palmer

Appellate Division of the Supreme Court of New York, Third Department
Jul 2, 1998
252 A.D.2d 631 (N.Y. App. Div. 1998)

Opinion

July 2, 1998

Appeal from the Unemployment Insurance Appeal Board.


Claimant owns and operates a seasonal ice cream business that is open every year from April to October and closed during the off-season. Substantial evidence supports the finding of the Unemployment Insurance Appeal Board that claimant was ineligible to receive benefits during the off-season because he was not totally unemployed. During the relevant time period, claimant wrote eight checks in payment for business-related expenses, arranged for all business calls and mail to be forwarded to his residence, and claimed a business-related deduction on his Federal income tax return. That the business earned no revenue during the off-season is without consequence given that claimant stood to gain financially from the efforts he expended in continuing the business until it could be reopened the following April ( see, Matter of Valvano [Sweeney], 236 A.D.2d 729; Matter of Monro [Sweeney], 235 A.D.2d 885; Matter of Gonyo [Roberts], 124 A.D.2d 884).

Cardona, P. J., Mikoll, Crew III, White and Peters, JJ., concur.

Ordered that the decision is affirmed, without costs.


Summaries of

Matter of Palmer

Appellate Division of the Supreme Court of New York, Third Department
Jul 2, 1998
252 A.D.2d 631 (N.Y. App. Div. 1998)
Case details for

Matter of Palmer

Case Details

Full title:In the Matter of the Claim of TERRY L. PALMER, Appellant. COMMISSIONER OF…

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

Date published: Jul 2, 1998

Citations

252 A.D.2d 631 (N.Y. App. Div. 1998)
675 N.Y.S.2d 227