N.Y. Comp. Codes R. & Regs. tit. 22 § 212.34

Current through Register Vol. 46, No. 50, December 11, 2024

Section 212.34 - Absence or disqualification of assigned judge

(a) Whenever a judge is temporarily absent from a multipart court, proceedings in progress or scheduled for appearance in the part presided over by that judge shall be reassigned or otherwise handled by the calendar judge, or the administrative judge if no calendar part has been established. If the judge presiding is unavailable or unable to act for more than two court days in succession, the administrative judge having direct supervisory authority over the court shall make whatever arrangements are necessary to accommodate the proceedings assigned to the judge.

(b) If a proceeding is assigned to a judge who is for any reason disqualified from hearing it, the proceeding shall be reassigned to another judge who is not disqualified, to be heard by the assigned judge as expeditiously as possible.

(c) In an emergency, when neither the calendar judge nor the administrative judge can be contacted, any other judge of, or assigned to, the court may act in respect to pending proceedings as may be appropriate.

N.Y. Comp. Codes R. & Regs. Tit. 22 § 212.34