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IN RE O'DONNELL
Appellate Division of the Supreme Court of New York, Second Department.
Dec 15, 2009
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Ordered that the order is affirmed, without costs or disbursements.
Absent a legal disqualification under Judiciary Law ยง 14, a court is the sole arbiter of the need for recusal, and its decision is a matter of discretion and personal conscience ( see People v Moreno, 70 NY2d 403, 405-406; Irizarry v State of New York, 56 AD3d 613, 614; Matter of Imre v Johnson, 54 AD3d 427, 427-428). Here, the father failed to set forth any demonstrable proof of bias to warrant the conclusion that the court's refusal to recuse itself was an improvident exercise of discretion ( see Matter of Imre v Johnson, 54 AD3d at 428; Schwartzberg v Kingsbridge Hgts. Care Ctr., Inc., 28 AD3d 465, 466; Anjam v Anjam, 191 AD2d 531).
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