SAFERSTEIN v. KLEIN


288 A.D.2d 206 (2001)

732 N.Y.S.2d 380

NORMAN I. SAFERSTEIN et al., Appellants, v. JEFFREY I. KLEIN, Respondent.

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

Decided November 5, 2001.


Ordered that the order is affirmed, with costs.

Absent a legal disqualification under Judiciary Law § 14, a trial judge is the sole arbiter on the issue of recusal. This discretionary decision is within the personal conscience of the court, and is not overturned easily (see, People v Moreno, 70 N.Y.2d 403, 405-406; Ficalora v Town Bd. Govt., 276 A.D.2d 666; Fisk v Slye,<...

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