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In re the Claim of Fonseca

201 A.D.2d 818, 607 N.Y.S.2d 195, 1994 N.Y. App. Div. LEXIS 1146
CourtAppellate Division of the Supreme Court of the State of New York
DecidedFebruary 10, 1994
StatusPublished
Cited by6 cases

This text of 201 A.D.2d 818 (In re the Claim of Fonseca) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re the Claim of Fonseca, 201 A.D.2d 818, 607 N.Y.S.2d 195, 1994 N.Y. App. Div. LEXIS 1146 (N.Y. Ct. App. 1994).

Opinion

Appeal from a decision of the Unemployment Insurance Appeal Board, filed September 21, 1992, which ruled that claimant was disqualified from receiving unemployment insurance benefits because he voluntarily left his employment without good cause.

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 non-compelling 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.

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Related

In re the Claim of Fuller
307 A.D.2d 567 (Appellate Division of the Supreme Court of New York, 2003)
In re the Claim of Taylor
282 A.D.2d 852 (Appellate Division of the Supreme Court of New York, 2001)
Fonseca v. Columbia Gas Systems, Inc.
37 F. Supp. 2d 214 (W.D. New York, 1998)
In re the Claim of Turner
249 A.D.2d 612 (Appellate Division of the Supreme Court of New York, 1998)
In re the Claim of Delaney
242 A.D.2d 819 (Appellate Division of the Supreme Court of New York, 1997)
In re the Claim of Pitcher
231 A.D.2d 794 (Appellate Division of the Supreme Court of New York, 1996)

Cite This Page — Counsel Stack

Bluebook (online)
201 A.D.2d 818, 607 N.Y.S.2d 195, 1994 N.Y. App. Div. LEXIS 1146, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-fonseca-nyappdiv-1994.