From Casetext: Smarter Legal Research

Matter of D'Alessio v. Gilberg

Appellate Division of the Supreme Court of New York, Second Department
Oct 11, 1994
208 A.D.2d 625 (N.Y. App. Div. 1994)

Opinion

October 11, 1994

Appeal from the Supreme Court, Westchester County (Wood, J.).


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.


Summaries of

Matter of D'Alessio v. Gilberg

Appellate Division of the Supreme Court of New York, Second Department
Oct 11, 1994
208 A.D.2d 625 (N.Y. App. Div. 1994)
Case details for

Matter of D'Alessio v. Gilberg

Case Details

Full title:In the Matter of GRACE D'ALESSIO, Respondent, v. MICHAEL GILBERG, Appellant

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Oct 11, 1994

Citations

208 A.D.2d 625 (N.Y. App. Div. 1994)
618 N.Y.S.2d 222

Citing Cases

Skripek v. Skripek

Ordered that the order is affirmed, with costs. Initially, where as here, there is no allegation that the…

Matter of Drier

In any event, petitioner was not prejudiced since the funds were restored to the estate and Surrogate's Court…