Gabriella V. Deokaran

The plaintiff brought a motion seeking the recusal of the presiding judge on the basis of a reasonable apprehension of bias.

The plaintiff failed to properly serve the motion on all interested parties, failed to file the motion record with the court, and failed to confirm the motion, in direct contravention of a prior court order.

The court dismissed the recusal motion on procedural grounds due to the plaintiff's clear disregard for court orders and the Rules of Civil Procedure.

A non-party in an estate litigation matter brought a motion seeking the recusal of the presiding judge, alleging a reasonable apprehension of bias.

The non-party argued that the judge breached natural justice by disclosing an ex parte Mareva injunction motion to opposing counsel and dismissing it without reading the materials.

The court dismissed the recusal motion, finding no cogent evidence to overcome the strong presumption of judicial impartiality, noting that the materials were reviewed, written reasons were provided, and the existence of the motion was public information.