| W & H Equities, LLC v Odums |
| 2017 NY Slip Op 04164 [150 AD3d 1176] |
| May 24, 2017 |
| Appellate Division, Second Department |
[*1]
| W& H Equities, LLC, Respondent, v MarvinOdums, Appellant, et al., Defendants. |
Marvin Odums, Brooklyn, NY, appellant pro se.
The Solferino Law Firm, P.C., Garden City, NY (Thomas P. Solferino of counsel), forrespondent.
In an action to foreclose a mortgage, the defendant Marvin Odums appeals from an order ofthe Supreme Court, Kings County (Dabiri, J.), dated May 6, 2013, which denied his motion forrecusal, to vacate a judgment of foreclosure and sale dated August 2, 2011, and to set aside theforeclosure sale held pursuant thereto.
Ordered that the order is affirmed, with costs.
The Supreme Court providently exercised its discretion in denying that branch of theappellant's motion which sought recusal, as the appellant failed to set forth any proof of bias orprejudice on the part of the court which would have warranted recusal (see Sassower v Gannett Co., Inc., 109AD3d 607, 609 [2013]; Daniels vCity of New York, 96 AD3d 895, 895 [2012]; see also Judiciary Law§ 14).
Further, the appellant failed to establish any grounds for vacating the judgment of foreclosureand sale dated August 11, 2011, or to set aside the foreclosure sale held pursuant thereto (see W & H Equities LLC vOdums, 113 AD3d 840 [2014]; see also CPLR 5015 [a]). Accordingly, theSupreme Court properly denied those branches of the appellant's motion which were to vacatethe judgment and sale.
The appellant's remaining contentions are without merit. Mastro, J.P., Chambers, Roman andConnolly, JJ., concur.