Majority
In an action to rescind a deed, the plaintiff appeals from an order of the Supreme Court, Queens County (Hart, J.), dated November 5, 2003, which denied his motion to recuse Justice Hart from presiding over any further proceedings in connection with the action.
Ordered that the order is affirmed, without costs or disbursements.
The plaintiff failed to set forth any demonstrable proof of bias to warrant the conclusion that Justice Hart’s failure to recuse himself was an improvident exercise of discretion (see Matter of Firestone v Siems, 272 AD2d 544 , 545 [2000]; Anjam v Anjam, 191 AD2d 531 , 533 [1993]; Manhattan School of Music v Solow, 175 AD2d 106 , 109 [1991]; see also People v Moreno, 70 NY2d 403 , 406 [1987]; People v Taylor, 142 AD2d 410 , 420 [1988], affd 75 NY2d 277 [1990]; People v Bartolomeo, 126 AD2d 375 , 391 [1987]; Matter of Johnson v Hornblass, 93 AD2d 732 , 733 [1983]; People v Brown, 141 AD2d 657 , 658 [1988]).
The plaintiff’s remaining contentions are without merit. Smith, J.P., Adams, Crane and Lifson, JJ., concur.
Cases cited
- Anjam v. Anjam 191 AD2d 531 at 533 p. 576
- Manhattan School of Music v. Solow 175 AD2d 106 at 109 p. 576
- People v. Moreno 70 NY2d 403 at 406 p. 576
- People v. Taylor 142 AD2d 410 at 420 p. 576
- People v. Taylor 75 NY2d 277 p. 576
- People v. Bartolomeo 126 AD2d 375 at 391 p. 576
- People v. Brown 141 AD2d 657 at 658 p. 576