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    mstryblnd's Avatar
    mstryblnd Posts: 0, Reputation: 1
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    #1

    Jan 8, 2011, 04:16 PM
    Case dismissed by self recused Judge
    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's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #2

    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's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    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's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #4

    Jan 8, 2011, 07:09 PM
    Quote Originally Posted by Fr_Chuck View Post
    ... the judge can of course, since this is not the orginal case and ...
    Isn't it? What gives you that idea?
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