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NEWELL v. CITY OF NEW YORK

Index No. 21863/12E Appeal No. 1261 Case No. 2022-03973.

222 A.D.3d 530 (2023)

199 N.Y.S.3d 496

2023 NY Slip Op 06484

Hector Newell, Appellant, v. City of New York et al., Respondents.

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

Decided December 19, 2023.

Attorney(s) appearing for the Case

G. Wesley Simpson PC, Brooklyn ( G. Wesley Simpson of counsel), for appellant.

Sylvia O. Hinds-Radix , Corporation Counsel, New York ( Julie Steiner of counsel), for respondents.

Concur—Kapnick, J.P., Kennedy, Rodriguez, Pitt-Burke, Rosado, JJ.

Appeal from order, Supreme Court, Bronx County (Alicia Gerez, J.), entered on or about June 21, 2022, which denied plaintiff's motion for recusal pursuant to 22 NYCRR part 100 and Judiciary Law § 14, and, upon recusal, for vacatur of a prior order dated January 24, 2022, same court and Justice, and transfer of this matter to a different Justice, unanimously dismissed, without costs, as moot.

Courts are precluded from "considering questions which, although once...

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