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IN THE MATTER OF GREENFIELD

2007-09516.

2008 NY Slip Op 06152

IN THE MATTER OF HARVEY GREENFIELD, deceased. LOUIS ROSENTHAL, appellant; GERARD CABRERA, ETC., ET AL., respondents. (Proceeding No. 1) IN THE MATTER OF ROSEMARIE CARLSON, deceased. LOUIS ROSENTHAL, appellant; GERARD CABRERA, ETC., ET AL., respondents. (Proceeding No. 2) IN THE MATTER OF FANNIE LUPMAN, deceased. LOUIS ROSENTHAL, appellant; GERARD CABRERA, ETC., ET AL., respondents. (Proceeding No. 3) IN THE MATTER OF HENRY HOLDER, deceased. LOUIS ROSENTHAL, appellant; GERARD CABRERA, ETC., ET AL., respondents. (Proceeding No. 4) IN THE MATTER OF FREIDA HOLDER, deceased. LOUIS ROSENTHAL, appellant; GERARD CABRERA, ETC., ET AL., respondents. (Proceeding No. 5) (File Nos. 2978/00, 4848/01, 2517/04, 4251/96, 4597/97)

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

Decided July 1, 2008.

Attorney(s) appearing for the Case

Alexander M. Dudelson, Brooklyn, N.Y., for appellant.

Peter S. Schram, P.C., New York, N.Y., for respondents Peter S. Schram and Gerard Cabrera as Public Administrator in Proceeding No. 1.

Cullen & Dykman, LLP, Brooklyn, N.Y. (Joseph J. Borges and Richard Freeman of counsel), respondent pro se and for respondent Gerard Cabrera as Public Administrator in Proceeding Nos. 2, 4, and 5.

Before: REINALDO E. RIVERA, J.P., ROBERT A. LIFSON, FRED T. SANTUCCI, HOWARD MILLER, JJ.

DECISION & ORDER

ORDERED that the order is affirmed, with one bill of costs payable to the respondents appearing separately and filing separate briefs.

Absent a legal disqualification under Judiciary Law § 14, a court is the sole arbiter of its recusal (see People v. Moreno, 70 N.Y.2d 403, 405; Schreiber-Cross v. State of New York, 31 A.D.3d 425, 425; Chang...

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