In re the Estate of Sherburne

OPINION OF THE COURT

Louis D. Laurino, S.

In a proceeding for the final judicial settlement of the executor’s account, objectant-claimant moves to have the Surrogate disqualify himself pursuant to section 14 of the Judiciary Law.

In its pertinent parts the statute in question provides that, “A judge shall not sit as such in, or take any part in the decision of, an action, claim, matter, motion or proceeding to which he is a party, or in which he has been attorney or counsel, or in which he is interested” (Judiciary Law, § 14). While it is not germane to the present motion the statute further…