Opinion
Submitted August 31, 1998
Decided September 22, 1998
Reported below, ___ A.D.2d ___.
Motion to disqualify Chief Judge Kaye and Judges Bellacosa, Levine and Ciparick dismissed upon the ground that the Court of Appeals has no authority to entertain the motion made on nonstatutory grounds. The application seeking recusal is referred to the Judges for individual consideration and determination by each Judge (see, Matter of Sims, 62 N.Y.2d 884; New York Criminal Civ. Cts. Bar Assn. v. State of New York 46 N.Y.2d 730; Matter of Waltemade, 37 N.Y.2d [a], [ll]).
Concur: Chief Judge KAYE and Judges BELLACOSA, SMITH, LEVINE, CIPARICK and WESLEY.
Chief Judge KAYE and Judges BELLACOSA, LEVINE and CIPARICK each respectively denies the referred motion for disqualification.
On the Court's own motion, appeal dismissed, without costs, upon the ground that no substantial constitutional question is directly involved.