SAFERSTEIN v. KLEIN

ORDERED that the order is affirmed, with costs.

Absent a legal disqualification under Judiciary Law — 14, a trial judge is the sole arbiter on the issue of recusal. This discretionary decision is within the personal conscience of the court, and is not overturned easily (see, People v. Moreno, 70 N.Y.2d 403, 405-406; Ficalora v. Town Bd. Gov. of E. Hampton, 276 A.D.2d 666; Fisk v. Slye, 234 A.D.2d 983; Colburn v. Blum, 233 A.D.2d 890). Here, the Supreme Court providently exercised its discretion in refusing to recuse itself from the case (see, Chodos v. Barresi, 174 A.D.2d 359).

KRAUSMAN, J.P., S. MILLER, SCHMIDT and CRANE, JJ., concur.