Legal Opinion
O'Donnell v. Goldenberg
Appellate Division of the Supreme Court of the State of New York
Decided December 15, 2009PublishedCited by 28 opinions
1Opinion of the Court
Absent a legal disqualification under Judiciary Law § 14, a court is the sole arbiter of the need for recusal, and its decision is a matter of discretion and personal conscience (see People v Moreno, 70 NY2d 403, 405-406 [1987]; Irizarry v State of New York, 56 AD3d 613, 614 [2008]; Matter of Imre v Johnson, 54 AD3d 427, 427-428 [2008])., Here, the father failed to set forth any demonstrable proof of bias to warrant the conclusion that the court’s refusal to recuse itself was an improvident exercise of discretion (see Matter of Imre v Johnson, 54 AD3d at 428; Schwartzberg v Kingsbridge Hgts.…
2Cases cited4 opinions
- People v. MorenoNew York Court of Appeals · 1987
- Imre v. JohnsonAppellate Division of the Supreme Court of the State of New York · 2008
- Schwartzberg v. Kingsbridge Heights Care Center, Inc.Appellate Division of the Supreme Court of the State of New York · 2006
- Anjam v. AnjamAppellate Division of the Supreme Court of the State of New York · 1993
3Cited by28 opinions
- Grucci v. VillantiAppellate Division of the Supreme Court of the State of New York · 2013
- State v. Leon F.Appellate Division of the Supreme Court of the State of New York · 2011
- Burke v. CarrionAppellate Division of the Supreme Court of the State of New York · 2012
- Matter of Rodriguez v. LiegeyAppellate Division of the Supreme Court of the State of New York · 2015
- Gihon, LLC v. 501 Second Street, LLCAppellate Division of the Supreme Court of the State of New York · 2010
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