Housing Court Judge Not Disqualified from Hearing Case

February 1, 2009

LVT Number: #21002

Tenant's attorney sued a housing court judge, claiming that the judge acted improperly during the course of a nonpayment case. The attorney asked the court that the judge be disqualified retroactively from the case. The court ruled against tenant's attorney and fined him $1,000 as a sanction. The attorney appealed and lost. There was no proof that the judge was interested in the outcome of the proceeding, so there was no requirement that he recuse himself. And the attorney failed to file an appeal of the portion of the court's order awarding sanctions within the time limit required by law.

Tenant's attorney sued a housing court judge, claiming that the judge acted improperly during the course of a nonpayment case. The attorney asked the court that the judge be disqualified retroactively from the case. The court ruled against tenant's attorney and fined him $1,000 as a sanction. The attorney appealed and lost. There was no proof that the judge was interested in the outcome of the proceeding, so there was no requirement that he recuse himself. And the attorney failed to file an appeal of the portion of the court's order awarding sanctions within the time limit required by law. So that claim was dismissed.

Kyle v. Lebovits: NYLJ, 1/22/09, p. 35, col. 5 (App. Div. 1 Dept.; Mazzarelli, JP, Friedman, Buckley, Acosta, Freedman, JJ)

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