I would suggest that it needs some revision.
At present, you are checking one folder, then (potentially) creating one with a different path. Instead, try building a new string, and using that exclusivly:
string path = Server.MapPath(@"..\DATA\" + BUSINESSNAME.Text);
Secondly, why not use the same DirectoryInfo as you checked with anyway?
DirectoryInfo di = new DirectoryInfo(path);
if (!di.Exists)
{
try
{
di.Create();
}
catch (Exception ex)
{
...
}
}
else
{
...
}