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KERN v. CITY OF ROCHESTER

Appellate Division of the Supreme Court of New York, Fourth Department.
Jul 14, 1995

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 ยง 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).