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Kern v. City of Rochester

217 A.D.2d 918, 631 N.Y.S.2d 259, 1995 N.Y. App. Div. LEXIS 8335
Appellate Division of the Supreme Court of the State of New York·Decided July 14, 1995·Published·Cited by 6 cases

Opinion

Order unanimously affirmed without costs. Memorandum: Supreme Court did not abuse its discretion in denying plaintiff’s motion for recusal (see, People v Moreno, 70 NY2d 403, 405; People v Bibbs, 177 AD2d 1056, lv denied 79 NY2d 918). "Where, as here, there is no allegation that recusal is statutorily required (see, Judiciary Law § 14), the matter of recusal is addressed to the discretion and personal conscience of the Justice whose recusal is sought” (Matter of Card v Siragusa, 214 AD2d 1022, 1023). (Appeal from Order of Supreme Court, Monroe County, Ark, J.—Recusal.) Present—Green, J. P., Pine, Fallon, Callahan and Davis, JJ.

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Kern v. City of Rochester, 217 A.D.2d 918, 631 N.Y.S.2d 259, 1995 N.Y. App. Div. LEXIS 8335 (N.Y. Ct. App. 1995).

217 A.D.2d 918 (Kern v. City of Rochester) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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