IN THE MATTER OF FOWLER


6 A.D.3d 905 (2004)

774 N.Y.S.2d 614

In the Matter of JONATHAN J. FOWLER, Appellant. COMMISSIONER OF LABOR, Respondent.

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

April 15, 2004.


Claimant, a golf pro, began operating a golf shop at the Oswego Country Club in 1995. He started the business as a sole proprietorship, but transferred ownership to his wife in 1999. Claimant gave lessons as a golf pro between the months of April and October, and was active in the golf shop business during this time. He maintained, however, that he did no work for the business between the months of November and March, which was the off season. In 1999, 2000 and 2001, claimant...

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