Kern v. City of Rochester
| Citation | 631 N.Y.S.2d 259,217 A.D.2d 918 |
| Parties | Wendy L. KERN, Appellant, v. CITY OF ROCHESTER, Fire Department of the City of Rochester, Police Department of the City of Rochester, Rochester Firefighters Association, Inc., Local 1071 IAFF, International Association of Firefighters, Daniel Cavuoto, individually and as President of Local 1071 IAFF, Charles D. Ippolito, individually and as Former Chief of the City of Rochester Fire Department, and Lloyd Eldridge, Respondents. |
| Decision Date | 14 July 1995 |
| Court | New York Supreme Court Appellate Division |
Emmelyn Logan-Baldwin, Rochester, for appellant.
Linda S. Kingsley, Corp. Counsel (Patrick B. Naylon, of counsel), Rochester, for respondents, City of Rochester and Fire Dept. and Ippolito.
Redmond and Parrinello (John R. Parrinello) Rochester, for respondents, Cavuoto and Local 1071.
Mulholland & Hickey (Erick J. Genser, of counsel), Washington, DC, for respondent, IAFF.
Dolin and Modica, Rochester, for respondent, Local Counsel for IAFF.
Scott M. Green, Rochester, for respondent, Eldridge.
Supreme Court did not abuse its discretion in denying plaintiff's motion for recusal (see, People v. Moreno, 70 N.Y.2d 403, 405, 521 N.Y.S.2d 663, 516 N.E.2d 200; People v. Bibbs, 177 A.D.2d 1056, 578 N.Y.S.2d 1056, lv. denied 79 N.Y.2d 918, 582 N.Y.S.2d 78, 590 N.E.2d 1206). "Where, as here, there is no allegation that recusal is statutorily required (see, Judiciary Law § 14), the matter of recusal is addressed to the discretion and personal conscience of the justice whose recusal is sought" (Matter of Card v. Siragusa, 214 A.D.2d 1022, 626 N.Y.S.2d 336).
Order unanimously affirmed without costs. (Appeal from Order of Supreme Court, Monroe County, Ark, J.--Recusal.)
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