GIHON v. 501 SECOND STREET

Ordered that the order is affirmed, with one bill of costs to the respondents.

"Absent a legal disqualification under Judiciary Law § 14, a court is the sole arbiter of the need for recusal, and its decision is a matter of discretion and personal conscience" ( Matter of O'Donnell v Goldenberg, 68 AD3d 1000, 1000; see People v Moreno, 70 NY2d 403, 405-406). Here, the defendants failed to set forth any proof of bias or prejudice to warrant the conclusion that the Justice should have recused himself ( see Daulat v Helms Bros., Inc., 57 AD3d 938).

The parties' remaining contentions either need not be addressed in light of our determination, are not properly before the Court, or are without merit.