A Nassau County judicial hearing officer should not have recused himself from a divorce case because his daughter had baby sat for one of the parties, a unanimous panel of the Appellate Division, Second Department ruled in an unsigned opinion released Friday.
In Silber v. Silber, 200532/06, the panel found that Judicial Hearing Officer Stanley Gartenstein had acted out of an excess of caution when he recused himself after learning that the children’s father, Daniel Silber, had hired his daughter to baby sit for the couple’s children on four occasions.
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