A medical malpractice case was lost and a motion was brought about as a result of newly discovered evidence which was a tape recording. The person in the tape recording had their divorce trial handled by this same judge and in addition the judges spouse is a patient of the person in the tape recording. The judge took the side of the dr in the tape recording and ignored the fact that he indicated that his best friend lied at trial due to the fact that he was being threatned by his wife due to the fact that he was having an affair with his patient. What steps can be taken if a judge doesn't ethically recuse themselves from the case? Is their any caselaw that can be grounds for a cross motion? This took place in NY.