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-   -   Case dismissed by self recused Judge (https://www.askmehelpdesk.com/showthread.php?t=541976)

  • Jan 8, 2011, 04:16 PM
    mstryblnd
    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?
  • Jan 8, 2011, 04:20 PM
    ScottGem

    If a judge previously recused themselves, they have no business ruling on the case and that should give grounds for appeal.
  • Jan 8, 2011, 04:31 PM
    Fr_Chuck

    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.
  • Jan 8, 2011, 07:09 PM
    AK lawyer
    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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