Murray v. Murray

Staley, Jr., and Herlihy, JJ.,

dissent and vote to affirm in the following memorandum by Staley, Jr., J. Staley, Jr., J. (dissenting). We respectfully dissent and vote to affirm. At the time of the alleged contacts with Judge Friedlander, defendant was seeking support for her child from her first husband, and, therefore, there could be no identity of legal actions. Section 14 of the Judiciary Law provides, in part, that: "A judge shall not sit as such in, or take part in the decision of, an action, claim, matter, motion or proceeding * * * in which he has been attorney or counsel”. The statute…