Opinion
May 30, 1997
Present — Denman, P.J., Green, Balio, Boehm and Fallon, JJ.
Judgment unanimously affirmed without costs. Memorandum: Supreme Court's determination of damages resulting from defendant's taking of an easement on claimant's property is supported by the evidence (see, Buisch v. State of New York, 98 A.D.2d 967; Matter of Rochester Urban Renewal Agency v. Lee, 83 A.D.2d 770). We reject claimant's contention that the Trial Judge should have disqualified himself. There is no mandatory statutory basis for disqualification (see, Judiciary Law § 14), and nothing in the record supports the allegations of claimant that the court harbored bias and prejudice against him. The fact that the court had previously dismissed the claim (see, El Sawah v. Empire State Pipeline, 219 A.D.2d 839), without more, is not a ground for disqualification (see, People v. Brown, 141 A.D.2d 657, 658). (Appeal from Judgment of Supreme Court, Monroe County, Kehoe, J. — Damages.)