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MATTER OF McGRATH v. D'ANGIO

2010-09154.

85 A.D.3d 794 (2011)

924 N.Y.S.2d 806

2011 NY Slip Op 5070

In the Matter of JOHN McGRATH, Appellant, v. CHERYL D'ANGIO, Respondent.

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

Decided June 7, 2011.

Ordered that on the Court's own motion, the father's notice of appeal is treated as an application for leave to appeal, and leave to appeal is granted (see CPLR 5701 [c]); and it is further,

Ordered that the order dated August 19, 2010, is affirmed insofar as appealed from, without costs or disbursements.

Where no legal basis for disqualification under Judiciary Law § 14 is alleged, "a court is the sole arbiter of the need for recusal, and its...

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