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WENDY L. KERN, Appellant, v. CITY OF ROCHESTER et al., Respondents.

Order unanimously affirmed without costs. Memorandum: Supreme Court did not abuse its discretion in denying plaintiff's motion for recusal (see, People v. Moreno, 70 N.Y.2d 403, 405; People v Bibbs, 177 A.D.2d 1056, lv denied 79 N.Y.2d 918). "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 A.D.2d 1022, 1023).

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KERN v. CITY OF ROCHESTER
(Jul 14, 1995)