| Gihon, LLC v 501 Second St., LLC |
| 2010 NY Slip Op 07312 [77 AD3d 709] |
| October 12, 2010 |
| Appellate Division, Second Department |
| Gihon, LLC, Respondent, v 501 Second Street, LLC, et al.,Appellants. Norma Vigo, Intervenor-Respondent. |
—[*1] Goldman & Greenbaum, P.C., New York, N.Y. (Martin W. Goldman of counsel), forplaintiff-respondent. Herrick, Feinstein LLP, New York, N.Y. (Darlene Fairman of counsel), forintervenor-respondent.
In an action, inter alia, to void a conveyance as fraudulent pursuant to Debtor and Creditor Law§§ 273, 273-a, 274, 276, 276-a and 277, the defendants appeal from an order of theSupreme Court, Kings County (Knipel, J.), dated March 2, 2009, which denied their motion forrecusal.
Ordered that the order is affirmed, with one bill of costs to the respondents.
"Absent a legal disqualification under Judiciary Law § 14, a court is the sole arbiter of theneed for recusal, and its decision is a matter of discretion and personal conscience" (Matter of O'Donnell v Goldenberg, 68AD3d 1000, 1000 [2009]; see People v Moreno, 70 NY2d 403, 405-406 [1987]).Here, the defendants failed to set forth any proof of bias or prejudice to warrant the conclusion that theJustice should have recused himself (seeDaulat v Helms Bros., Inc., 57 AD3d 938 [2008]).
The parties' remaining contentions either need not be addressed in light of our determination, arenot properly before the Court, or are without merit. Skelos, J.P., Angiolillo, Hall and Lott, JJ., concur.