Legal Opinion
Saferstein v. Klein
Appellate Division of the Supreme Court of the State of New York
Decided November 5, 2001PublishedCited by 5 opinions
1Opinion of the Court
—In an action to recover damages for legal malpractice, the plaintiffs appeal from an order of the Supreme Court, Westchester County (Nicolai, J.), entered January 24, 2000, which denied their motion for the court to recuse itself.
Ordered that the order is affirmed, with costs.
Absent a legal disqualification under Judiciary Law § 14, a trial judge is the sole arbiter on the issue of recusal. This discretionary decision is within the personal conscience of the court, and is not overturned easily (see, People v Moreno, 70 NY2d 403, 405-406; Ficalora v Town Bd. Govt., 276 AD2d 666; Fisk v Slye,…
2Cases cited5 opinions
- People v. MorenoNew York Court of Appeals · 1987
- Fisk v. SlyeAppellate Division of the Supreme Court of the State of New York · 1996
- Ficalora v. Town Board Government of East HamptonAppellate Division of the Supreme Court of the State of New York · 2000
- Colburn v. BlumAppellate Division of the Supreme Court of the State of New York · 1996
- Chodos v. BarresiAppellate Division of the Supreme Court of the State of New York · 1991
3Cited by5 opinions
- Walter v. WalterAppellate Division of the Supreme Court of the State of New York · 2009
- Aw v. AwAppellate Division of the Supreme Court of the State of New York · 2003
- Walter v. CastrataroAppellate Division of the Supreme Court of the State of New York · 2012
- Eisenstadt v. EisenstadtAppellate Division of the Supreme Court of the State of New York · 2003
- Independence Party State Committee v. BermanAppellate Division of the Supreme Court of the State of New York · 2005