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New York: Article 78 proceeding: Filing Complaint Against Judge & Removing Judge

New York, NY |

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?

If a judge seems to be too busy to hear a custody case and you want him removed to whom do you send the motion to remove

Attorney Answers 3


  1. Most states have a Judicial Oversight commitee that fields complaints about judges.


  2. You may file a complaint about a state court judge with the
    State of NY: Commission on Judicial Conduct www.scjc.state.ny.us
    61 Broadway # 12
    New York, NY 10006
    (212) 809-0566
    www.scjc.state.ny.us

    You may make the motion to reargue but you will need to make a motion for judicial recusal to be decided by your judge before he decides the other motion. He must decide to recuse or else your only course is to appeal and make a request that should the decision come back, that the case be reassigned.

    Before you go off and make any allegations you should have the documents reviewed by competent counsel to be sure your suspicions are possible and that you are not just experiencing sour grapes because you lost.
    Good Luck.


  3. If you have a complaint about a NY state judge, you may file a complaint with the New York State Commission on Judicial Conduct at:
    61 Broadway
    New York, NY 10006
    (212) 809-0566
    www.scjc.state.ny.us

    You can file a complaint by mail or by e-mail.

    A recusal motion is made directly to the judge, who must decide it before s/he rules on a motion to reargue and/or vacate. Otherwise, if an appeal is taken, you can ask in your brief that if the case is remanded (sent back to the trial court) that it be assigned to a different judge.

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