Opinion

Rumsey v. Niebel

  • 286 A.D.2d 564
  • 730 N.Y.S.2d 591
  • 2001 N.Y. App. Div. LEXIS 8145
Court
Appellate Division of the Supreme Court of the State of New York
Filed
Aug 22, 2001
Status
Published
Cited by
9 cases
Authority
More cited than 3.0%

The opinion

We further conclude that the court properly refused to recuse itself. Petitioner sought recusal at oral argument on the ground that Justice Gerace’s son might, in a "year or so,” be involved in an election for County Sheriff; petitioner asserted that at such time he might seek the endorsement of the Independence Party because he had been endorsed by that party during the last election held for the office of County Sheriff. “Where, as here, there is no allegation that recusal is statutorily required (see, Judiciary Law § 14), the matter of recusal is addressed to the discretion and personal conscience of the Justice whose recusal is sought” (Matter of Card v Siragusa, 214 AD2d 1022, 1023 ; see, Shuman v Bower, 278 AD2d 860 ). Petitioner’s allegation of possible bias is too speculative to warrant the conclusion that the court abused its discretion in refusing to recuse itself here. (Appeal from Order of Supreme Court, Chautauqua County, Gerace, J. — Election Law.) Present — Pigott, Jr., P. J., Green, Pine, Wisner and Lawton, JJ.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.