| Matter of Taja K. |
| 2008 NY Slip Op 04875 [51 AD3d 1027] |
| May 27, 2008 |
| Appellate Division, Second Department |
| In the Matter of Taja K. Westchester County Department of SocialServices, Respondent; Pamela K., Appellant. |
—[*1] Charlene M. Indelicato, County Attorney, White Plains, N.Y. (Stacey Dolgin-Kmetz, MaryLynn Nicolas-Brewster, and Justin R. Adin of counsel), for respondent. David J. Peck, Harrison, N.Y., attorney for the child (no brief filed).
In a child neglect proceeding pursuant to Family Court Act article 10, the mother appealsfrom an order of the Family Court, Westchester County (Duffy, J.), dated June 21, 2007, whichdenied her motion to relieve the court attorney referee from the assignment to this matter.
Ordered that the order is affirmed, without costs or disbursements.
The Family Court judge was not required to relieve the court attorney referee from herassignment to this matter pursuant to Judiciary Law § 14 or the Rules Governing JudicialConduct (22 NYCRR) § 100.3. A mere allegation of bias is insufficient to requiredisqualification of the court attorney referee (see Matter of Compasso v Sheriff of SullivanCounty, 29 AD3d 1064 [2006]; Robert Marini Bldr. v Rao, 263 AD2d 846 [1999]).Here, the mother failed to set forth any proof that the court attorney referee was biased orprejudiced against her (see Matter of Montesdeoca v Montesdeoca, 38 AD3d 666[2007]). Therefore, the Family Court providently exercised its discretion in denying the motionto relieve the court attorney referee (see Vest v Vest, 50 AD3d 776 [2008];Schreiber-Cross v State of New York, 31 AD3d 425 [2006]). Lifson, J.P., Miller, Dillonand Eng, JJ., concur.