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MATTER OF INDEPENDENCE PARTY STATE COMMITTEE OF THE STATE OF NEW YORK v. BERMAN

20 A.D.3d 423 (2005)

799 N.Y.S.2d 90

In the Matter of INDEPENDENCE PARTY STATE COMMITTEE OF THE STATE OF NEW YORK et al., Appellants, v. CAROL BERMAN et al., Respondents. (Proceeding No. 1.) In the Matter of NASSAU COUNTY INDEPENDENCE PARTY INTERIM COUNTY COMMITTEE et al., Respondents, v. JAMES A. PERAGINE et al., Appellants. (Proceeding No. 2.) In the Matter of ALEXANDER L. KATAGAS et al., Respondents, v. CAROL BERMAN et al., Respondents, and INDEPENDENCE PARTY COUNTY COMMITTEE OF NASSAU COUNTY et al., Appellants. (Proceeding No. 3.) In the Matter of JAMES L. KAPSIS et al., Respondents, v. CAROL BERMAN et al., Respondents, and INDEPENDENCE PARTY COUNTY COMMITTEE OF NASSAU COUNTY et al., Appellants. (Proceeding No. 4.)

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

July 5, 2005.

Ordered that the order entered January 26, 2005, is reversed, on the law and the facts, without costs or disbursements, and the motion for recusal is granted; and it is further,

Ordered that the order entered April 12, 2005, is affirmed, without costs or disbursements.

With respect to recusal, "[a]bsent legal disqualification under Judiciary Law § 14, a Trial Judge is the sole arbiter of recusal" (People v Moreno, 70 N.Y.2d 403...

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