Opinion
2013-10-31
Ira RUSSACK, Plaintiff–Appellant, v. Harvey RUSSACK, et al., Defendants–Respondents, Sterling Real Estate Holding Company, Inc., Defendant.
Certilman Balin Adler & Hyman, LLP, East Meadow (Paul B. Sweeney of counsel), for appellant. Joseph A. Altman, P.C., Bronx (Joseph A. Altman of counsel), for respondents.
Certilman Balin Adler & Hyman, LLP, East Meadow (Paul B. Sweeney of counsel), for appellant. Joseph A. Altman, P.C., Bronx (Joseph A. Altman of counsel), for respondents.
Order, Supreme Court, New York County (Charles E. Ramos, J.), entered March 15, 2013, which denied plaintiff's motion for recusal, unanimously modified, on the law and in the exercise of discretion, and the matter remanded for further proceedings before a different Justice, and otherwise affirmed, without costs.
We reject plaintiff's contention that the Supreme Court Justice abused his discretion in refusing to recuse himself (Matter of Murphy, 82 N.Y.2d 491, 495, 605 N.Y.S.2d 232, 626 N.E.2d 48 [1993] ). While it is our view that the motion for recusal was properly denied, it is also our view, under the unique circumstances presented, that the matter would be better served by remand to a different Justice ( see Platt v. Parklex Assoc., 234 A.D.2d 115, 116, 650 N.Y.S.2d 719 [1st Dept.1996] ).