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MATTER OF KYLE v. LEBOVITS

58 A.D.3d 521 (2009)

870 N.Y.S.2d 360

In the Matter of WILLIAM KYLE, et al., Appellants, v. GERALD LEBOVITS, Respondent, et al., Respondent.

Appellate Division of the Supreme Court of New York, First Department.

January 20, 2009.

The record does not support a finding that Judge Lebovits was "interested" in the proceeding and thus required to recuse himself pursuant to Judiciary Law § 14. Absent a legal disqualification under Judiciary Law § 14, petitioners had no clear right to the remedy of mandamus (see Matter of Alizia McK., 25 A.D.3d 429 [2006]). Moreover, they had and have other adequate remedies at law by which to seek the retroactive disqualification...

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