Legal Opinion
Kern v. City of Rochester
Appellate Division of the Supreme Court of the State of New York
Decided July 14, 1995PublishedCited by 6 opinions
1Opinion of the Court
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.,…
2Cases cited4 opinions
- People v. MorenoNew York Court of Appeals · 1987
- Town of Oyster Bay v. Syosset's Concern About its Neighborhood (SCAN)New York Court of Appeals · 1991
- Card v. SiragusaAppellate Division of the Supreme Court of the State of New York · 1995
- People v. BibbsAppellate Division of the Supreme Court of the State of New York · 1991
3Cited by6 opinions
- Nunnery v. NunneryAppellate Division of the Supreme Court of the State of New York · 2000
- LADD, DANIELLE R. v. KRUPP, MATTHEW F.Appellate Division of the Supreme Court of the State of New York · 2016
- Welch Foods, Inc. v. WilsonAppellate Division of the Supreme Court of the State of New York · 1999
- Fisk v. SlyeAppellate Division of the Supreme Court of the State of New York · 1996
- Wylie v. Consolidated Rail Corp.Appellate Division of the Supreme Court of the State of New York · 1996
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