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YANNITELLI v. D. YANNITELLI & SONS CONSTR. CORP.

247 A.D.2d 271 (1998)

668 N.Y.S.2d 613

Jeannette Yannitelli et al., Respondents, v. D. Yannitelli & Sons Construction Corp. et al., Defendants. Kenneth Heller, Nonparty Appellant

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

February 17, 1998

The court's denial of recusal was a proper exercise of discretion. We find no merit to appellant's argument that a mandatory statutory basis for disqualification arose in this case (see, Judiciary Law § 14). In the absence of statutory grounds, the decision upon a recusal motion is a discretionary one "within the personal conscience of the court" (People v Moreno, 70 N.Y.2d 403, 405), and should not be disturbed "[u]nless...

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