Legal Question in Civil Litigation in New York

Complaint against Judge & removing judge

The judge dismissed the Petitioner's case in an Article 78 proceeding. The Petitioner feels that the judge ruled unfairly, possibly out of bias.

What are the Petitioner's options to submit a complaint against the judge -- to whom may it be submitted, and how?

The Petitioner is contemplating Motion to Reargue and/or Motion to Vacate (and maybe appeal). However, Petitioner wants this Judge to be removed from any further proceedings in this case.

How can Petitioner remove this judge?


Asked on 4/15/08, 12:23 am

1 Answer from Attorneys
Michael Markowitz Michael A. Markowitz, PC

Re: Complaint against Judge & removing judge

If the Judge's ruling violates the law, the petitioner's option is to appeal the decision.

If the Judge had a conflict of interest and submitted a decision despite the conflict, the petitoner may file a complaint with the local bar association.

To remove a Judge, a motion must be filed for the Judge to recuse him or herself.

Mike.

Read more
Answered on 4/15/08, 8:32 am


Related Questions & Answers

More General Civil Litigation questions and answers in New York