Summary
In Conti (supra), as in the case at bar, the Court witnessed a disturbance and yet was later called upon to continue presiding.
Summary of this case from People v. PageOpinion
May 20, 1997
Appeal from the Supreme Court, New York County (Edward Greenfield, J.).
Defendant's claim that laches bars plaintiffs' right to recover attorneys' fees incurred by reason of postjudgment proceedings or further appeals, specifically recognized in the judgment of February 1, 1990, without limitation on the time in which to make such an application, was properly rejected for failure to show a disadvantageous change in situation or other prejudice directly attributable to the delay ( see, Seligson v. Weiss, 222 App. Div. 634, 637-638). Concerning the recusal motion, which was based on the IAS Justice's participation as a subpoenaed witness in defendant's separate action against plaintiff for an alleged assault that took place in the Justice's robing room, "[t]his discretionary decision [was] within the personal conscience of the court", "the sole arbiter of discretion" absent a legal disqualification under Judiciary Law § 14 ( People v. Moreno, 70 N.Y.2d 403, 405), and should not be disturbed "[u]nless the moving party can point to an actual ruling which demonstrates bias", which defendant does not do ( Solow v. Wellner, 157 A.D.2d 459).
Concur — Murphy, P.J., Wallach, Tom and Mazzarelli, JJ.