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GLATZER v. BEAR, STEARNS & CO., INC.

Nos. 7765N, 21663/04.

95 A.D.3d 707 (2012)

945 N.Y.S.2d 243

2012 NY Slip Op 4080

BERNARD H. GLATZER, Appellant, v. BEAR, STEARNS & CO., INC., et al., Respondents.

Appellate Division of the Supreme Court of New York, First Department.

Decided May 24, 2012.

Plaintiff filed the instant recusal motion after the court dismissed the complaint. Thus, the trial court lacked the authority to grant the motion absent proof of actual prejudice or biased actions, rather than the mere appearance of impropriety (see Rochester Community Individual Practice Assn. v Excellus Health Plan, 305 A.D.2d 1007 [2003], lv dismissed 1 N.Y.3d 546 [2003]), and there...

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