| Kampfer v Rase |
| 2008 NY Slip Op 08584 [56 AD3d 926] |
| November 13, 2008 |
| Appellate Division, Third Department |
| Douglas E. Kampfer, Appellant, v D. Jeremy Rase,Respondent. |
—[*1] D. Jeremy Rase, Esperance, respondent pro se.
Spain, J. Appeal from that part of an order of the Supreme Court (Catena, J.), enteredFebruary 4, 2008 in Montgomery County, which denied plaintiff's motion for recusal.
Plaintiff commenced this action against defendant alleging abuse of process, and defendantanswered and moved to dismiss for failure to state a cause of action. While that motion waspending, plaintiff requested that Supreme Court recuse itself, contending that Justice Felix J.Catena was a material witness in the underlying action. Supreme Court granted defendant'smotion to dismiss and denied plaintiff's motion for recusal, prompting this appeal.
Plaintiff, as so limited by his notice of appeal and brief, argues that Supreme Court abused itsdiscretion in denying his motion for recusal. We cannot agree. Absent a legal disqualificationunder Judiciary Law § 14, which is not at issue here, a trial judge is the sole arbiter ofrecusal and his or her decision, which lies "within the personal conscience of the court"(People v Moreno, 70 NY2d 403, 405 [1987]), will not be disturbed absent an abuse ofdiscretion (see People v Oehler, 52AD3d 955, 956-957 [2008]; People v Saunders, 301 AD2d 869, 871 [2003], lvdenied 100 NY2d 542 [2003]; Matter of Stampfler v Snow, 290 AD2d 595, 596[2002]). Moreover, "[r]ecusal, as a matter of due process, is required only where there exists adirect, personal, substantial or pecuniary interest in reaching a particular conclusion, or where aclash in judicial roles is seen to exist" (People v Alomar, 93 NY2d 239, 246 [1999]). Nosuch showing has been made here. Inasmuch as plaintiff has failed to articulate a basis uponwhich to set aside Supreme Court's discretionary determination in this regard (see Matter ofGreenfield, 53 [*2]AD3d 488, 488 [2008]; cf. Matter ofStampfler v Snow, 290 AD2d at 596), we affirm.
Cardona, P.J., Rose, Malone Jr. and Stein, JJ., concur. Ordered that the order is affirmed,without costs.