The applicant brought a motion in a family proceeding seeking the judge's recusal on the basis of reasonable apprehension of bias arising from comments made during an earlier motion and findings in a prior endorsement concerning the sale of the matrimonial home.
The court applied the high-threshold test for apprehension of bias and held that the impugned comments reflected ordinary case management, evidentiary rulings, and findings grounded in the evidentiary record, not a closed mind or predisposition.
The motion was dismissed, costs of $3,000 were awarded to the respondent, and the settlement conference was adjourned on consent with directions for updated financial disclosure and response to a request for information.
