Opinion
6051.
Decided on November 15, 2011.
Order, Supreme Court, Bronx County (Betty Owen Stinson, J.), entered August 18, 2010, which, in an action to recover damages for defendants' alleged failure to prevent the suicide of plaintiff's decedent while an inmate at Rikers Island, granted defendants' oral application to dismiss the complaint, unanimously affirmed, without costs.
Michael A. Cervini, P.C., Jackson Heights (Robin Mary Heaney of counsel), for appellant.
Michael A. Cardozo, Corporation Counsel, New York (Alan G. Krams of counsel), for respondents.
Andrias, J.P., Friedman, DeGrasse, Freedman, Manzanet-Daniels, JJ.
Plaintiff's opening statement, or her proffer of proof thereafter failed to set forth a prima facie case of negligence against defendants ( see Ortiz v City of New York , 39 AD3d 359 , 359, lv denied 9 NY3d 803).
The trial court providently exercised its discretion in refusing to recuse itself, as there was no showing of bias ( Ronald S. v Lucille Diamond S. , 45 AD3d 295 , 297).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.