Insisting he is not biased against a Cozen O’Connor attorney he ruled against several times in a personal injury case, Brooklyn Supreme Court Justice Arthur Schack (See Profile) said Tuesday he would nevertheless recuse himself from a retrial for appearances’ sake.

“While this Court knows that it can continue to be fair and impartial in the instant matter, in the exercise of discretion and good conscience and to avoid the appearance of impropriety, this Court recuses itself from this action,” Schack wrote in Miller v. Lewis, 11358/2009.