Legal Opinion

Ouriel v. Ouriel

Appellate Division of the Supreme Court of the State of New York

Decided April 24, 1992PublishedCited by 1 opinion

1Opinion of the Court

Order and judgment unanimously affirmed with costs. Memorandum: Supreme Court did not abuse its discretion in failing to grant defendant’s motion for recusal. "The presence of bias or prejudice on the part of a sitting Judge is generally a matter of personal conscience (Casterella v Casterella, 65 AD2d 614, 615, app dsmd 46 NY2d 939) and is, at best, a matter of discretionary disqualification” (Matter of Smith, 84 AD2d 664, 666; see, Judiciary Law § 14). The record does not support defendant’s contention that the court acted improperly.

We have examined defendant’s other contentions and find…

2Cases cited2 opinions

  1. Casterella v. CasterellaAppellate Division of the Supreme Court of the State of New York · 1978
  2. In re the Estates of SmithAppellate Division of the Supreme Court of the State of New York · 1981

3Cited by1 opinion

  1. In re Emory CC.Appellate Division of the Supreme Court of the State of New York · 1993

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