Hochmuller v Bellwest Mgt. Corp.

Hochmuller v Bellwest Mgt. Corp. 2013 NY Slip Op 07673 Decided on November 19, 2013 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on November 19, 2013
Mazzarelli, J.P., Saxe, Moskowitz, DeGrasse, Gische, JJ.
11099 103397/12

[*1]Barbara Kulig Hochmuller, Plaintiff-Appellant,

v

Bellwest Management Corporation, et al., Defendants-Respondents.




Barbara Kulig Hochmuller, appellant pro se.
James R. Pigott, Jr., New York, for respondents.

Order, Supreme Court, New York County (Geoffrey D. Wright, J.), entered October 5, 2012, which denied plaintiff's motion for a stay of Housing Court proceedings and for the court to recuse itself, unanimously affirmed, without costs.

The court properly declined to stay proceedings in Housing Court. As noted by the motion court, plaintiff had it within her power to avoid any eviction proceedings by executing a renewal lease for her studio apartment and then pursue her request to be relocated to a renovated one-bedroom apartment in the subject building.

The court did not abuse its discretion in refusing to recuse itself (see People v Moreno, 70 NY2d 403 [1987]).

THIS CONSTITUTES THE DECISION AND ORDER
OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: NOVEMBER 19, 2013

CLERK