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RUSSACK v. RUSSACK

10815, 653031/12.

110 A.D.3d 630 (2013)

974 N.Y.S.2d 241

2013 NY Slip Op 7117

IRA RUSSACK, Appellant, v. HARVEY RUSSACK et al., Respondents, et al., Defendant.

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

Decided October 31, 2013.

Order, Supreme Court, New York County (Charles E. Ramos, J.), entered March 15, 2013, which denied plaintiff's motion for recusal, unanimously modified, on the law and in the exercise of discretion, and the matter remanded for further proceedings before a different Justice, and otherwise affirmed, without costs.

We reject plaintiff's contention that the Supreme Court Justice abused his discretion in refusing to recuse himself (Matter of Murphy,

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