Legal Opinion

Burke v. Carrion

Appellate Division of the Supreme Court of the State of New York

Decided December 19, 2012PublishedCited by 12 opinions

1Opinion of the Court

*921The appellant contends that the Supreme Court should have recused itself based on certain comments it made during a prior unrelated trial in which the appellant was a named defendant. Absent a legal disqualification under Judiciary Law § 14, a court is the sole arbiter of the need for recusal, and its decision is a matter of discretion and personal conscience (see Irizarry v State of New York, 56 AD3d 613, 614 [2008]). Here, contrary to the appellant’s contention, the comments cited do not demonstrate that the Supreme Court was biased and, thus, its refusal to recuse itself was not an…

2Cases cited11 opinions

  1. Nicastro v. ParkAppellate Division of the Supreme Court of the State of New York · 1985
  2. O'Donnell v. GoldenbergAppellate Division of the Supreme Court of the State of New York · 2009
  3. Razzaque v. Krakow Taxi, Inc.Appellate Division of the Supreme Court of the State of New York · 1997
  4. DiGiacomo v. Cabrini Medical CenterAppellate Division of the Supreme Court of the State of New York · 2005
  5. Stanisich v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 2010

6 more not listed; retrieve them via the Exa API.

3Cited by12 opinions

  1. Matter of State of New York v. David M.Appellate Division of the Supreme Court of the State of New York · 2014
  2. Matter of Lazaroff v. AcevedoAppellate Division of the Supreme Court of the State of New York · 2021
  3. State v. Colvin M.Appellate Division of the Supreme Court of the State of New York · 2013
  4. People v. VillnaveAppellate Division of the Supreme Court of the State of New York · 2014
  5. Matter of OteriAppellate Division of the Supreme Court of the State of New York · 2016

7 more not listed; retrieve them via the Exa API.

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