A New York judge overseeing a request for grand jury records in the Eric Garner chokehold case has recused himself.

The New York Times reports Thursday that State Supreme Court Justice Stephen Rooney hoped to avoid an appearance of a conflict of interest.

Rooney’s wife serves on the board of the Staten Island hospital whose workers responded to Garner after his deadly confrontation with police in July.

The New York City public advocate and others are seeking grand jury minutes and other evidence in the case.

A hearing on that was scheduled for Friday. The Times says a new hearing date will be set next month.

A grand jury decided not to indict the officer seen in amateur video putting Garner in a chokehold.

(AP)