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Chusid v. Silvera

Supreme Court of New York, Second Department

October 2, 2013

Rebecca Chusid, respondent,
v.
Daniel Silvera, appellant. Index No. 200102/11

Heller, Horowitz & Feit, P.C., New York, N.Y. (Stuart A. Blander of counsel), for appellant.

Anthony A. Capetola, Williston Park, N.Y. (Robert P. Johnson of counsel), for respondent.

Patricia Manzo, Jericho, N.Y., attorney for the child.

REINALDO E. RIVERA, J.P., RUTH C. BALKIN, JOHN M. LEVENTHAL, JEFFREY A. COHEN, JJ.

DECISION & ORDER

In an action for a divorce and ancillary relief, the defendant appeals, as limited by his brief, from so much of an order of the Supreme Court, Nassau County (Janowitz, J.), dated January 3, 2013, as denied his motion for recusal.

ORDERED that the order is affirmed insofar as appealed from, with costs.

"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" (Matter of O'Donnell v Goldenberg, 68 A.D.3d 1000, 1000; see People v Moreno, 70 N.Y.2d 403, 405-406; Vigo v 501 Second St. Holding Corp., 100 A.D.3d 870; Matter of Imre v Johnson, 54 A.D.3d 427). Here, the appellant failed to set forth any proof of bias or prejudice in support of his motion for recusal (see Vigo v 501 Second St. Holding Corp., 100 A.D.3d at 870; Gihon, LLC v 501 Second St., LLC, 77 A.D.3d 709; Daulat v Helms Bros., Inc., 57 A.D.3d 938; Matter of Alizia McK., 25 A.D.3d 429). Accordingly, the Supreme Court properly denied the defendant's motion for recusal.

RIVERA, J.P., BALKIN, LEVENTHAL and COHEN, JJ., concur.


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