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mstryblnd
Jan 8, 2011, 04:16 PM
Can a judge that recused himself from a civil suit dismiss the case almost three years later when the defense places a motion to dismiss in front of said recused justice. (a motion that has been denied three times prior by another Judge)
Does New York law allow this and what recourse does a Plaintiff have when Judge had prior personal relationship with one of the defense counsel?

ScottGem
Jan 8, 2011, 04:20 PM
If a judge previously recused themselves, they have no business ruling on the case and that should give grounds for appeal.

Fr_Chuck
Jan 8, 2011, 04:31 PM
Agreed, the judge can of course, since this is not the original case and a new motion, but the conflict of interest and the fact he removed his self before is not part of court record,
It should be grounds to appeal the motion and have it heard in front of another judge.

AK lawyer
Jan 8, 2011, 07:09 PM
... the judge can of course, since this is not the orginal case and ...

Isn't it? What gives you that idea?