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In the Matter of the Claim of MARIAN T. MELE, Appellant. ST. VINCENT HOSPITAL, Respondent; THOMAS F. HARTNETT, as Commissioner of Labor, Respondent.

Claimant's employer issued her a written warning when it discovered that she had placed her private business cards on various bulletin boards without permission and against hospital rules. Claimant contends that the employer's actions compelled her to resign as this not only humiliated her, but showed that her employer disrespected and mistrusted her, all of which caused her stress-related problems. Claimant also testified that she left out of fear of termination and subsequent harm to her reputation. Not only was there insufficient medical evidence to support these claims (see, Matter of Chawkin [Catherwood], 18 A.D.2d 750), but it appears that, as long as claimant abided by the rules, there was no threat of discharge. In any event, quitting in anticipation of being discharged does not constitute good cause for leaving one's employment (see, Matter of Manson [Hartford Acc. Indem. Group — Levine], 50 A.D.2d 980). Consequently, the decision that personal and noncompelling reasons caused claimant to voluntarily leave her employment while work was still available is supported by substantial evidence and must be upheld (see, Matter of Baker [Hartnett], 147 A.D.2d 790, 791, lv dismissed 74 N.Y.2d 714).

Weiss, J.P., Mikoll, Yesawich Jr., Levine and Crew III, JJ., concur. Ordered that the decision is affirmed, without costs.

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MATTER OF MELE
(Sep 19, 1991)