Pestar v. Remington Arms Co.

OPINION OF THE COURT

John P. Balio, J.

This is an application by plaintiff employee for a temporary injunction, restraining the defendant employer from withholding any income tax from plaintiff’s pay. The defendant employer has cross-moved to dismiss the complaint for a permanent injunction for failure to state a cause of action (CPLR 3211, subd [a], par 7).

Subsequent to oral argument of the motion, the plaintiff requested the undersigned to disqualify himself from ruling on the motion. The basis for such request is that the undersigned’s son is employed by the defendant, *365Remington Arms Co.,…