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Old 02-12-2004, 11:24 AM
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Join Date: Apr 2003
Location: Long Island, NY
Posts: 2,495

reasons for a judge to drop case?


What is the name of your state? NY
In Dec2002 I had 6 days of custody trial. 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 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. I’m thinking along the lines of “conflict of interest” , “illness”, ect. Does anyone know anything about this? Or have any suggestions on where to look. I’ve been checking NY laws and haven’t found anything yet.
  #2  
Old 03-11-2004, 09:13 PM
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Join Date: Apr 2003
Location: Long Island, NY
Posts: 2,495
I went back to court today. The judge has not dropped my case. Through my research I found that decisions such as this are left up to the descretion of the court or judge - at least in the small county I live in.

The good news - the forensic evaulation was ready (and it recommends exactly what I believe is best for our son!) and we have 6 trial dates set for May.

At times I feel like I should be renting a room at the Family Court House
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