Kern v. City of Rochester

Full title: WENDY L. KERN, Appellant, v. CITY OF ROCHESTER et al., Respondents

Court: Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Jul 14, 1995

217 A.D.2d 918 (N.Y. App. Div. 1995)

631 N.Y.S.2d 259

Opinion

July 14, 1995

Appeal from the Supreme Court, Monroe County, Ark, J.

Present — Green, J.P., Pine, Fallon, Callahan and Davis, JJ.

Order unanimously affirmed without costs. Memorandum: Supreme Court did not abuse its discretion in denying plaintiff's motion for recusal (see, People v. Moreno, 70 N.Y.2d 403, 405; People v Bibbs, 177 A.D.2d 1056, lv denied 79 N.Y.2d 918). "Where, as here, there is no allegation that recusal is statutorily required (see, Judiciary Law § 14), the matter of recusal is addressed to the discretion and personal conscience of the Justice whose recusal is sought" (Matter of Card v. Siragusa, 214 A.D.2d 1022, 1023).