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In Corsini, the First Department found that the Trial Court did not abuse its discretion in declining to recuse itself, where the content of the ex parte communication with plaintiff was fully disclosed and placed upon the record by the trial court and did not involve either the merits of the case or the content of the settlement negotiations.
Summary of this case from Gabay v. BenderOpinion
December 14, 1993
Appeal from the Supreme Court, New York County (Phyllis Gangel-Jacob, J.).
"Absent a legal disqualification under Judiciary Law § 14, a Trial Judge is the sole arbiter of recusal. This discretionary decision is within the personal conscience of the court when the alleged appearance of impropriety arises from inappropriate awareness of `nonjuridical data'" (People v Moreno, 70 N.Y.2d 403, 405, quoting People v Horton, 18 N.Y.2d 355, 362), and is applicable even where the purpose of the application is to maintain the appearance of impartiality (supra, at 406). In this case, we find no abuse of discretion in the trial court's determination. The content of the ex parte communication with plaintiff was fully disclosed and placed upon the record by the trial court and did not involve either the merits of the case or the content of the settlement negotiations.
Concur — Carro, J.P., Ellerin, Kupferman and Rubin, JJ.