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In the Matter of the Claim of JOHN J. FONSECA, Appellant. NEW YORK STATE ELECTRIC AND GAS CORPORATION, Respondent; JOHN F. HUDACS, as Commissioner of Labor, Respondent.

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.

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MATTER OF FONSECA
(Feb 10, 1994)