Does a judge have to be disqualified as a judge in an administrative proceeding?

"New York", United States of America

The following excerpt is from Beer Garden, Inc. v. New York State Liquor Authority, 582 N.Y.S.2d 65, 590 N.E.2d 1193, 79 N.Y.2d 266 (N.Y. 1992):

Judiciary Law 14 provides that no Judge shall "sit as such in, or take any part in the decision of, an action, claim, matter, motion or proceeding to which he [or she] is a party, or in which he [or she] has been attorney or counsel." While we recognize that this provision pertains only to courts of record, the common-law rule of disqualification embodied by the statute has been applied to administrative tribunals exercising quasi-judicial functions (see, e.g., Matter of City of Rochester, 208 N.Y. 188, 192, 101 N.E. 875, rearg. denied 209 N.Y. 529, 102 N.E. 1100; Matter of Washington County Cease v. Persico, 120 Misc.2d 207, 228-229, 465 N.Y.S.2d 965, aff'd 99 A.D.2d 321, 473 N.Y.S.2d 610, aff'd on other grounds 64 N.Y.2d 923, 488 N.Y.S.2d 630, 477 N.E.2d 1084).

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