MATTER OF D'ALESSIO v. GILBERG

Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

Where, as here, there is no allegation that Justice Wood is legally disqualified from presiding over a proceeding (see, Judiciary Law § 14), disqualification is only appropriate where the court's impartiality might reasonably be questioned (see, Matter of Johnson v. Hornblass, 93 A.D.2d 732). On the record before us we conclude that Justice Wood did not improvidently exercise his discretion in concluding that recusal was not warranted (see, People v. Moreno, 70 N.Y.2d 403). Lawrence, J.P., Ritter, Hart and Krausman, JJ., concur.