The Appellate Division held that Supreme Court providently denied petitioner's recusal motion. The assigned Justice was not a party to and had not been an attorney in this proceeding, and petitioner does not contend that the Justice had an interest in the proceeding or was related to the parties. It is of no consequence that the Justice was represented by the Office of the Attorney General in unrelated litigation before the Appellate Divisiont. In the absence of any statutorily mandated disqualification and any legitimate suggestions of bias or impartiality to which petitioner can point, the assigned Justice's decision not to recuse was appropriate.
Matter of DuBose v. City of New York, NY Slip Op 02449 (1st Dep't April 23, 2026)
