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Matter of Malinda

Appellate Division of the Supreme Court of New York, Second Department
Nov 20, 1995
221 A.D.2d 549 (N.Y. App. Div. 1995)

Opinion

November 20, 1995

Appeal from the Family Court, Queens County (Fitzmaurice, J.).


Ordered that the dispositional orders are affirmed insofar as appealed from, without costs or disbursements.

Absent a legal disqualification pursuant to Judiciary Law § 14; a Trial Judge is the sole arbiter of recusal (see, People v Moreno, 70 N.Y.2d 403; Matter of Johnson v Hornblass, 93 A.D.2d 732). Here, the appellant failed to demonstrate that the court's ultimate decisions were based upon any bias. Therefore the court did not improvidently exercise its discretion in failing to recuse itself from the case.

The court did not improvidently exercise its discretion in requiring the appellant to enter a sex offenders program (see, Matter of Abby Gail E., 191 A.D.2d 696) nor in requiring him to enter therapy before he could have any form of visitation with his children (see, Matter of Esther CC., 194 A.D.2d 949, 951; Matter of Nassau County Dept. of Social Servs. [Kimberly S.], 173 A.D.2d 830).

The appellant's remaining contentions are either not properly before this Court or without merit. O'Brien, J.P., Pizzuto, Santucci and Krausman, JJ., concur.


Summaries of

Matter of Malinda

Appellate Division of the Supreme Court of New York, Second Department
Nov 20, 1995
221 A.D.2d 549 (N.Y. App. Div. 1995)
Case details for

Matter of Malinda

Case Details

Full title:In the Matter of MALINDA V., a Child Alleged to be Abused. HUGH V., SR.…

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

Date published: Nov 20, 1995

Citations

221 A.D.2d 549 (N.Y. App. Div. 1995)
633 N.Y.S.2d 396

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