Legal Opinion
Colella v. Colella
Appellate Division of the Supreme Court of the State of New York
Decided October 18, 2004PublishedCited by 4 opinions
1Opinion of the Court
In an action to rescind a deed, the plaintiff appeals from an order of the Supreme Court, Queens County (Hart, J.), dated November 5, 2003, which denied his motion to recuse Justice Hart from presiding over any further proceedings in connection with the action.
Ordered that the order is affirmed, without costs or disbursements.
The plaintiff failed to set forth any demonstrable proof of bias to warrant the conclusion that Justice Hart’s failure to recuse himself was an improvident exercise of discretion (see Matter of Firestone v Siems, 272 AD2d 544, 545 [2000]; Anjam v Anjam, 191 AD2d 531, 533…
2Cases cited9 opinions
- People v. MorenoNew York Court of Appeals · 1987
- People v. TaylorNew York Court of Appeals · 1990
- People v. BartolomeoAppellate Division of the Supreme Court of the State of New York · 1987
- Manhattan School of Music v. SolowAppellate Division of the Supreme Court of the State of New York · 1991
- Johnson v. HornblassAppellate Division of the Supreme Court of the State of New York · 1983
4 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Kupersmith v. Winged Foot Golf Club, Inc.Appellate Division of the Supreme Court of the State of New York · 2007
- Tornheim v. TornheimAppellate Division of the Supreme Court of the State of New York · 2006
- Impastato v. ImpastatoAppellate Division of the Supreme Court of the State of New York · 2009
- Montesdeoca v. MontesdeocaAppellate Division of the Supreme Court of the State of New York · 2007