General
Wendy L. Kern, Appellant, v. City of Rochester et al., Respondents
217 A.D.2d 918631 N.Y.S.2d 259·New York Supreme Court, Appellate Division·1995·NY
Brief incoming
Hand-reviewed Bluebook brief (procedural posture, facts, issue, holding, reasoning, dissent) ships once the AI generation pipeline runs through this case. Join the waitlist to get notified when 1L briefs go live.
Opinion
Wendy L. Kern, Appellant, v City of Rochester et al., Respondents.
[631 NYS2d 259]
[MAJORITY]
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 NY2d 403, 405; People v Bibbs, 177 AD2d 1056, lv denied 79 NY2d 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 AD2d 1022, 1023). (Appeal from Order of Supreme Court, Monroe County, Ark, J.—Recusal.) Present—Green, J. P., Pine, Fallon, Callahan and Davis, JJ.