Legal Opinion
DiSanto v. DiSanto
Appellate Division of the Supreme Court of the State of New York
Decided May 30, 2006PublishedCited by 5 opinions
1Opinion of the Court
In an action for a divorce and ancillary relief, the defendant husband appeals from an order of the Supreme Court, Nassau County (Ross, J.), dated April 15, 2005, which denied his motion for recusal.
Ordered that the order is affirmed, with costs.
Absent a legal disqualification under Judiciary Law § 14, a trial judge is the sole arbiter of his or her recusal. Since the husband failed to demonstrate that any of the Supreme Court’s determinations in the case were the result of bias, the court providently exercised its discretion in denying his motion for recusal (see York v York, 250 AD2d 837,…
2Cases cited3 opinions
- Anjam v. AnjamAppellate Division of the Supreme Court of the State of New York · 1993
- Skripek v. SkripekAppellate Division of the Supreme Court of the State of New York · 1997
- York v. YorkAppellate Division of the Supreme Court of the State of New York · 1998
3Cited by5 opinions
- Hayes v. Barroga-HayesAppellate Division of the Supreme Court of the State of New York · 2014
- People ex rel. A.E.F. v. K.T.L.Appellate Division of the Supreme Court of the State of New York · 2007
- Hayes v. Barroga-HayesAppellate Division of the Supreme Court of the State of New York · 2014
- York v. YorkAppellate Division of the Supreme Court of the State of New York · 2012
- York v. YorkAppellate Division of the Supreme Court of the State of New York · 2012