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Matter of Fonseca

Appellate Division of the Supreme Court of New York, Third Department
Feb 10, 1994
201 A.D.2d 818 (N.Y. App. Div. 1994)

Opinion

February 10, 1994

Appeal from the Unemployment Insurance Appeal Board.


The record contains substantial evidence to support the conclusion that claimant left his employment voluntarily and without good cause. Although claimant contended that he could not perform his duties because of medical restrictions, the evidence revealed that the employer was willing to accept the limitations imposed by claimant's physician and to let claimant continue his employment. Claimant, however, chose to resign. Consequently, the decision that personal and noncompelling reasons caused claimant to leave his employment while work was still available should not be disturbed.

Cardona, P.J., Mikoll, Crew III, Casey and Weiss, JJ., concur. Ordered that the decision is affirmed, without costs.


Summaries of

Matter of Fonseca

Appellate Division of the Supreme Court of New York, Third Department
Feb 10, 1994
201 A.D.2d 818 (N.Y. App. Div. 1994)
Case details for

Matter of Fonseca

Case Details

Full title:In the Matter of the Claim of JOHN J. FONSECA, Appellant. NEW YORK STATE…

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

Date published: Feb 10, 1994

Citations

201 A.D.2d 818 (N.Y. App. Div. 1994)
607 N.Y.S.2d 195

Citing Cases

Fonseca v. Columbia Gas Systems, Inc.

3. In the Matter of the Claim of John J. Fonseca, 201 A.D.2d 818, 607 N.Y.S.2d 195 (3rd Dep't 1994). On…