Appellate Division of the Supreme Court of the State of New York July 2, 1998 (In re the Claim of Palmer)

—Appeal from a decision of the Unemployment Insurance Appeal Board, filed July 2, 1997, which ruled that claimant was ineligible to receive unemployment insurance benefits because he was not totally unemployed.

Claimant owns and operates a seasonal ice cream business that is open every year from April to October and closed during the off-season.