Legal Opinion

Kelley v. Zavalidroga

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

Decided October 3, 2008No. Appeal No. 1PublishedCited by 4 opinions

1Opinion of the Court

Appeal from an order of the Supreme Court, Oneida County (John W Grow, J.), entered August 21, 2006 in a declaratory judgment action. The order denied the motion of defendant for recusal.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: We conclude with respect to the order in appeal No. 1 that Supreme Court did not abuse its discretion in refusing to recuse itself based on its alleged bias resulting from the court’s former status as a partner in the law firm where defendant previously was employed as well as the court’s friendship with a…

2Cases cited4 opinions

  1. Hallock v. State of New YorkNew York Court of Appeals · 1973
  2. Marks v. MorrisonAppellate Division of the Supreme Court of the State of New York · 2000
  3. Rumsey v. NiebelAppellate Division of the Supreme Court of the State of New York · 2001
  4. Hallock v. StateAppellate Division of the Supreme Court of the State of New York · 1972

3Cited by4 opinions

  1. Allen v. HiraldoAppellate Division of the Supreme Court of the State of New York · 2016
  2. Bundhoo v. Wendy'sAppellate Division of the Supreme Court of the State of New York · 2017
  3. Kelley v. ZavalidrogaAppellate Division of the Supreme Court of the State of New York · 2008
  4. Kelley v. ZavalidrogaAppellate Division of the Supreme Court of the State of New York · 2008

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