Corradino v. Corradino
Decision Date | 11 December 1979 |
Citation | 400 N.E.2d 1338,424 N.Y.S.2d 886,48 N.Y.2d 894 |
Court | New York Court of Appeals Court of Appeals |
Parties | , 400 N.E.2d 1338 Robert CORRADINO, Appellant, v. Barbara CORRADINO, Respondent. |
We affirm, with costs, for the reasons stated on the opinion of Mr. Presiding Justice A. Franklin Mahoney at the Appellate Division (64 A.D.2d 320, 410 N.Y.S.2d 174). As the court said in Matter of Nehra v. Uhlar, 43 N.Y.2d 242, 251, 401 N.Y.S.2d 168, 173, 372 N.E.2d 4, 9, "Priority, not as an absolute but as a weighty factor, should, in the absence of Extraordinary circumstances, be accorded to the first custody awarded in litigation or by voluntary agreement" (emphasis supplied).
We would also note that, because the attorney for the petitioner husband was associated with the same law firm as was the Trial Judge prior to her designation to the Bench, the respondent wife asked the Judge to recuse herself. That application was denied. Though there is no canon of judicial ethics which specifically requires disqualification under these circumstances, we believe it the better practice for the court to have disqualified itself and thus to maintain the appearance of impartiality.
Order affirmed, with costs, in a memorandum.
To continue reading
Request your trial- People v. Carnevale
-
People v. Smith
...was not so substantial that the court abused its discretion in presiding over the trial. (Compare Matter of Corradino v. Corradino, 48 N.Y.2d 894, 424 N.Y.S.2d 886, 400 N.E.2d 1338; see, also, People ex rel. Stickle v. Fay, 14 N.Y.2d 683, 249 N.Y.S.2d 879, 198 N.E.2d iDelay in Appointing Co......
-
People v. Lewis
...itself; there was no violation of statute, ethical consideration, or other legal impediment (see, Corradino v. Corradino, 48 N.Y.2d 894, 895, 424 N.Y.S.2d 886, 400 N.E.2d 1338). The court was not disqualified from ruling on the 1989 motion to vacate the judgment (see, People v. Ramos, supra......
-
People v. Moreno
...41, 68, 479 N.Y.S.2d 706, 468 N.E.2d 879, supra ), prior association with a law firm employed by a party (Corradino v. Corradino, 48 N.Y.2d 894, 895, 424 N.Y.S.2d 886, 400 N.E.2d 1338), past prosecution of the defendant (People v. Tartaglia, 35 N.Y.2d 918, 364 N.Y.S.2d 901, 324 N.E.2d 368, ......