Opinion
December 1, 1998
Appeal from the Supreme Court, New York County (Sherry Klein Heitler, J.).
The IAS Justice refused to disqualify herself, explaining that she has no personal relationship with defendant's prospective witness, she immediately disclosed her membership in the same synagogue as said witness, and to step aside a year later, after having presided over several conferences, would serve only to delay the matter. We are persuaded that the IAS Justice examined her conscience, and, absent a legal disqualification under Judiciary Law § 14, which does not mandate recusal based upon the relationship of the Judge to a witness ( see, Ellis v. Ellis, 235 A.D.2d 1002, 1004), or an actual ruling demonstrating bias, it is not for this Court to question this "personal" decision ( see, People v. Moreno, 70 N.Y.2d 403, 405; Yannitelli v. Yannitelli Sons Constr. Corp., 247 A.D.2d 271, lv dismissed 92 N.Y.2d 875).
Concur — Sullivan, J. P., Rosenberger, Wallach and Tom, JJ.