At page 1160 Denial of motions and standards for renewal and change of venue13 citing cases
- Heber v. Heber, 237 A.D.3d 1276 (N.Y. App. Div. 3d Dep't 2025).published Assuming, without deciding, that they did, "the fact [*3]that a judge issues a ruling that is not to a party's liking does not demonstrate either bias or misconduct," particularly where, as the trial judge explained to the husband here, hi…
- Vill. of Malone v. Stone Mtn. Prime, LLC, 217 A.D.3d 1219 (N.Y. App. Div. 3d Dep't 2023).published"Mere belief, suspicion or feeling are insufficient grounds to grant a motion to change venue" ( Gonzalez v L'Oreal USA, Inc. , 92 AD3d 1158, 1160 [3d Dept 2012] [internal quotation marks, brackets and citation omitted], lv dismissed 19 NY…
- McAuliffe v. McAuliffe, 209 A.D.3d 1119 (N.Y. App. Div. 3d Dep't 2022).publishedRather, the wife's primary contentions are premised on her dissatisfaction with the court's rulings, which, contrary to her assertion, do not present appropriate grounds for recusal ( see Mokay v Mokay , 124 AD3d 1097, 1099 [3d Dept 2015];…
- Tripi v. Alabiso, 189 A.D.3d 2060 (N.Y. App. Div. 4th Dep't 2020).publishedHere, plaintiff "does not contend that the court's alleged bias stemmed from an extrajudicial source . . . , nor in any event would the record support such a contention" ( Matter of McDonald v Terry , 100 AD3d 1531, 1531 [4th Dept 2012] [i…
- In Re the Est. of Badruddin, 152 A.D.3d 1010 (N.Y. App. Div. 3d Dep't 2017).publishedAs for respondents’ claim that the court exhibited bias by granting petitioner’s motion to preclude them from contesting the assets and valuation of the estate, “the fact that a judge issues a ruling that is not to a party’s liking does no…
- St. Lawrence Cnty. Support Collection Unit Ex Rel. Bowman v. Bowman, 152 A.D.3d 899 (N.Y. App. Div. 3d Dep't 2017).publishedAs to the portion of the motion that sought renewal, we find that respondent “failed to satisfy the standard for renewal as [he] did not point to any new facts or change in the law that would require a different determination” (Gonzalez v…
- Sprole v. Sprole, 151 A.D.3d 1413 (N.Y. App. Div. 3d Dep't 2017).publishedFurther, contrary to the wife’s allegations, a court’s unfavorable ruling fails to establish an abuse of discretion (see Mokay v Mokay, 124 AD3d 1097, 1099 [2015]; Gonzalez v L’Oreal USA, Inc., 92 AD3d 1158, 1160 [2012], lv dismissed 19 NY…
- Rodriguez v. Jacoby & Meyers, LLP, 126 A.D.3d 1183 (N.Y. App. Div. 3d Dep't 2015).published By order entered April 5, 2013, Supreme Court — although addressing the merits of plaintiffs argument — “denied” the motion to reargue, prompting this appeal. * As a general proposition, “no appeal lies from the denial of a motion to rearg…
- Mokay v. Mokay, 124 A.D.3d 1097 (N.Y. App. Div. 3d Dep't 2015).publishedAs for the recusal/disqualification motion, “[a]bsent a legal disqualification under Judiciary Law § 14, which is not at issue here, a . . . judge is the sole arbiter of recusal and his or her decision, which lies within the personal consc…
- Dale v. Burns, 103 A.D.3d 1243 (N.Y. App. Div. 4th Dep't 2013).published A court’s decision in this respect may not be overturned unless it was an abuse of discretion” (People v Moreno, 70 NY2d 403, 405-406 [1987]), and here there was no abuse of discretion. “[T]he fact that a judge [or panel] issues a ruling t…
Show 2 more citing cases
- State of New York v. Konikov, 182 A.D.3d 750 (N.Y. App. Div. 3d Dep't 2020).publishedCorp. , 91 AD3d 1175, 1175 [2012]; see Gonzalez v L'Oreal USA, Inc ., 92 AD3d 1158, 1160 [2012], lv dismissed 19 NY3d 874 [2012]).
- People ex rel. Adams v. Cunningham, 134 A.D.3d 1258 (N.Y. App. Div. 3d Dep't 2015).publishedFurther, petitioner’s motion was not identified as, and cannot be viewed as, a motion to renew given that he did not allege “new facts” not previously offered “that would change the prior determination” or provide “reasonable justification…
At page 1159 Judge's sole discretion in deciding judicial recusal13 citing cases“the fact that a judge issues a ruling that is not to a party's liking does not demonstrate either bias or misconduct”
- Czajka v. Pendell, 174 A.D.3d 970 (N.Y. App. Div. 3d Dep't 2019).publishedFinally, although Supreme Court erred in summarily disposing of this matter, the record reveals no impropriety or bias on its part that would warrant remittal to a different judge ( see Gonzalez v L'Oreal USA, Inc. , 92 AD3d 1158, 1159-116…
- Damiani v. Damiani, 172 A.D.3d 1808 (N.Y. App. Div. 3d Dep't 2019).publishedGonzalez v L'Oreal USA, Inc. , 92 AD3d 1158, 1159-1160 [2012], lv dismissed 19 NY3d 874 [2012]; Advisory Comm on Jud Ethics Op 96-125 [1996]; Advisory Comm on Jud Ethics Op 95-67 [1995]).
- Hyman v. Pierce, 145 A.D.3d 1224 (N.Y. App. Div. 3d Dep't 2016).publishedOrdered that the appeals are dismissed, as moot, without costs. * We also reject plaintiff’s claim that Justice Faughnan was required to recuse himself before deciding the motion to reargue (see Matter of Adams v Bracci, 100 AD3d 1214, 121…
- Mokay v. Mokay, 124 A.D.3d 1097 (N.Y. App. Div. 3d Dep't 2015).publishedAs for the recusal/disqualification motion, “[a]bsent a legal disqualification under Judiciary Law § 14, which is not at issue here, a . . . judge is the sole arbiter of recusal and his or her decision, which lies within the personal consc…
- PlacevCiccotelli, No. 517788/517785 (N.Y. App. Div. 3d Dep't Oct. 23, 2014).publishedCo., 117 AD3d 1208 , 1210 [2014]; Matter of Moore v Palmatier, 115 AD3d 1069, 1070 [2014]; Gonzalez v L'Oreal USA, Inc., 92 AD3d 1158, 1159 [2012], lv dismissed 19 NY3d 874 [2012]).
- Place v. Ciccotelli, 121 A.D.3d 1378 (N.Y. App. Div. 3d Dep't 2014).published Co., 117 AD3d 1208 , 1210 [2014]; Matter of Moore v Palmatier, 115 AD3d 1069, 1070 [2014]; Gonzalez v L’Oreal USA, Inc., 92 AD3d 1158, 1159 [2012], lv dismissed 19 NY3d 874 [2012]).
- Clark v. Farmers New Century Ins., 117 A.D.3d 1208 (N.Y. App. Div. 3d Dep't 2014).published Finally, we discern no basis in the record that would lend credence to the conclusion that Supreme Court abused its discretion in denying plaintiffs request for recusal (see Matter of Adams v Bracci, 100 AD3d 1214, 1215 [2012]; Gonzalez v…
- People v. Kenyon, 108 A.D.3d 933 (N.Y. App. Div. 3d Dep't 2013).published Absent legal disqualification (see Judiciary Law § 14), which defendant does not allege, “a [trial] judge is the sole arbiter of recusal and his or her decision, which lies within the personal conscience of the court, will not be disturbed…
- Adams v. Bracci, 100 A.D.3d 1214 (N.Y. App. Div. 3d Dep't 2012).published “Absent a legal disqualification under Judiciary Law § 14, which is not at issue here, a . . . judge is the sole arbiter of recusal and his or her decision, which lies within the personal conscience of the court, will not be disturbed abse…
v.
L'Oreal USA, Inc.
[*1159] We affirm. To the extent that plaintiffs’ various recusal/ disqualification motions are properly before this Court, we find them to be lacking in merit. “Absent a legal disqualification under Judiciary Law § 14, which is not at issue here, a . . . judge is the sole arbiter of recusal and his or her decision, which lies within the personal conscience of the court, will not be disturbed absent an abuse of discretion” (Kampfer v Rase, 56 AD3d 926, 926 [2008], lv denied 11 NY3d 716 [2009] [internal quotation marks and citations omitted]; see Mokay v Mokay, 67 AD3d 1210, 1213 [2009]). We perceive no abuse of that discretion here. Further, “[r]ecusal, as a matter of due process, is required only where there exists a direct, personal, substantial or pecuniary interest in reaching a particular conclusion, or where a clash in judicial roles is seen to exist” (People v Alomar, [*1160] 93 NY2d 239, 246 [1999] [citation omitted]; accord Matter of Albany County Dept. of Social Servs. v Rossi, 62 AD3d 1049, 1050 [2009]; Kampfer v Rase, 56 AD3d at 926). Again, no such showing has been made here. Notably, the fact that a judge issues a ruling that is not to a party’s liking does not demonstrate either bias or misconduct (see generally Oakes v Muka, 56 AD3d 1057, 1059 [2008]).
Plaintiff’s motion for a change of venue also was properly denied, as plaintiffs failed to establish a “strong possibility” that an impartial trial cannot be had in Schoharie County (Albanese v West Nassau Mental Health Ctr., 208 AD2d 665, 666 [1994]; accord Blaine v International Bus. Machs. Corp., 91 AD3d 1175, 1175 [2012]). “[M]ere belief, suspicion or feeling are insufficient grounds to grant a motion to change venue” (Cohen v Bernstein, 9 AD3d 573, 574 [2004]).
Finally, to the extent that plaintiffs seek to vacate the October 2008 and February 2009 orders of Supreme Court (Devine, J.), plaintiffs — as noted previously — did not appeal from either of these orders, and it is well settled that “a motion to vacate should not be utilized as a means by which to raise an issue of law that could have been pursued in the course of a timely perfected appeal” (KLCR Land Corp. v New York State Elec. & Gas Corp., 15 AD3d 719, 720 [2005]; accord Matter of Suzanne v Suzanne, 69 AD3d 1011, 1012 [2010]). As for plaintiffs’ related motions to renew and/or reargue, even assuming that such motions were made in a timely fashion, no appeal lies from the denial of a motion to reargue (see Matter of Biasutto v Biasutto, 75 AD3d 671, 672 [2010]), and plaintiffs failed to satisfy the standard for renewal as they did not point to “any new facts or change in the law that would require a different determination” (Marquis v Washington, 85 AD3d 1338, 1338 [2011]; see CPLR 2221 [e] [2]). Plaintiffs’ remaining arguments, to the extent that they are properly before us, have been examined and found to be lacking in merit.
Lahtinen, J.P, Spain, Stein and Garry, JJ., concur. Ordered that the orders are affirmed, without costs.