People v. Fardan

2 Citing cases

  1. People v. Simcoe

    181 A.D.3d 1153 (N.Y. App. Div. 2020)

    Inasmuch as "this statutory disqualification deprived the court of jurisdiction," the order on appeal is void ( People v. Rosario, 170 A.D.3d 1275, 1276, 95 N.Y.S.3d 619 [3d Dept. 2019] ; seePeople v. Alteri, 47 A.D.3d 1070, 1070, 850 N.Y.S.2d 258 [3d Dept. 2008] ; see alsoPeople v. Wright, 16 A.D.2d 743, 743, 227 N.Y.S.2d 217 [4th Dept. 1962] ). We therefore reverse the order and remit the matter to County Court for further proceedings on the motion before a different judge (seePeople v. Fardan, 49 A.D.3d 1304, 1305, 852 N.Y.S.2d 861 [4th Dept. 2008] ).

  2. Jones v. Case

    2013 N.Y. Slip Op. 89229 (N.Y. App. Div. 2013)

    It is hereby ORDERED that the motion is denied. Memorandum: The remedy sought by petitioner is unwarranted inasmuch as CPLR 460.15 provided him with an appropriate avenue for relief (see e.g. People v Fardan, 49 AD3d 1304). Frances E. Cafarell, Clerk