Legal Question in Family Law in New York
reasons for a judge to drop case?
In Dec2002 I had 6 days of custody trial in NY. It has been delayed ever since due to the judges numerous illnesses(stroke, heart attack, triple bypass, hip replacement, and pneumonia). The trial was to resume in Dec 2003, the judge unable to make this date so it was cancelled.
Well, I went to court yesterday and still have no date to continue the trial. The judge wants to wait another month to decide if he wants to drop my case and push it off on another judge. He says that he doesn't remember any of the previous testimony by looking at his notes, but that the testimony is basically irrelevant at this point (the case has taken a different direction). If he were to drop the case because of illness, I�d understand, but the judge has been taking on new cases since the beginning of this year! He has been assigned to my case now for over 3 years.
I have been so far unsuccessful at finding any laws that might state the criteria for a judge to drop a case. Can a judge just drop a case because he feels like it, or what would be a valid reason for this? Any suggestions on where to look. I�ve been checking NY laws and haven�t found anything yet. Thank You!
2 Answers from Attorneys
Re: reasons for a judge to drop case?
Do you really want a judge who remembers nothing and cannot seem to schedule you?
You are welcome to a consultation at no fee at my offices at 42 West 44th Street (near Times Square). Please call for an appointment first (646) 591-5786.
Re: reasons for a judge to drop case?
I need more detailed information before giving you secific advice. However, there is a statutory provision requiring the court to comlete a custody trial within 90 days after it begins. Is there something about your case that discourages the court from proceeding? Feel free to call me at 212-367-9167. I do not charge a fee for the initial consultation.
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