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STACY D. SCHREIBER-CROSS et al., Appellants, v. STATE OF NEW YORK, Respondent.

Ordered that the order is affirmed insofar as appealed from, with costs.

The record does not support a finding that any of the statutory disqualifications set forth in Judiciary Law § 14 are applicable ( see Matter of New York State Assn. of Criminal Defense Lawyers v Kaye, 95 NY2d 556, 561; Robert Marini Bldr. v Rao, 263 AD2d 846). Absent a legal disqualification under Judiciary Law § 14, a court is the sole arbiter of its recusal ( see People v Moreno, 70 NY2d 403, 405). Here, the claimants failed to set forth any proof of bias or prejudice ( see Tornheim v Tornheim, 28 AD3d 534). Therefore, the Court of Claims providently exercised its discretion in denying that branch of the claimants' motion which was for recusal.

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SCHREIBER-CROSS v. NY
(Jul 5, 2006)