IN THE MATTER OF SMITH v. COMMISSIONER OF LABOR

504229.

2008 NY Slip Op 06340

IN THE MATTER OF THE CLAIM OF BRENT D. SMITH, Appellant. and COMMISSIONER OF LABOR, Respondent.

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

Decided and Entered: July 17, 2008.


Attorney(s) appearing for the Case

Hayes & Wright, P.L.L.C., Tupper Lake (Jeremiah M. Hayes of counsel), for appellant.

Andrew M. Cuomo, Attorney General, New York (Marjorie S. Leff of counsel), for respondent.

Before: Mercure, J.P., Spain, Carpinello, Lahtinen and Kavanagh, JJ.


MEMORANDUM AND ORDER

In 1991, claimant became the sole proprietor of a golf pro shop located at the Tupper Lake Country Club in Franklin County. He operated the shop from April 15 to October 15 of each year and, during the off season, he applied for unemployment insurance benefits. Claimant filed original claims for benefits effective January 14, 2002, February 3, 2003, February 9, 2004, February 14, 2005 and February 20, 2006 and received benefits totaling $ 14...

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