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Hello. I looked up a Judge who is the supervising Judge

Hello. I looked...
Hello.
I looked up a Judge who is the supervising Judge of Family Court and it says his Supreme Court Judge term expired in 2012. How can I confirm this?
If he is no longer a Supreme Court Judge is it legal for him to continue to do my divorce? He decided to keep my divorce in Family Court, which sucks because he doesn't know what he is doing, so I would love to get rid of him and get a real Supreme Court Judge. Is he allowed to continue to do my divorce?
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Answered in 4 hours by:
6/12/2013
Law Educator, Esq.
Category: Family Law
Satisfied Customers: 119,469
Experience: Experienced attorney: Family law, Estate Law, SS Law etc.
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Thank you for your question. I look forward to working with you to provide you the information you are seeking.

Just because the website says his supreme court term expired, this does not mean he cannot be appointed or hired to be supervising judge of family court and to hear family court cases I am afraid. Once a judge has been appointed and they leave the bench they can be appointed to any other judicial position in NY as needed. Thus, I am afraid he can continue your divorce.

If you believe the judge is actually biased against you and he is making rulings that are not in line with the laws, then you have a right to file a motion to recuse the judge and another judge will review your evidence of bias to decide whether or not he should be removed from your case. However, while you believe you would like to get another judge now, in most cases we find that when customers get a new judge they are dissatisfied with the new judge as well I am afraid (meaning the grass is not always greener on the other side of the fence).



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Law Educator, Esq.
Category: Family Law
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Customer reply replied 4 years ago

Isn't Matrimonial a Supreme Court matter? I'm specifically wondering if he can do a matrimonial if he is not a Supreme Court Justice.


I would never consider complaining about a Judge--sure death....

Thank you for your response.

Under NY FCT Law 115, in pertinent part:

(b) The family court has such other jurisdiction as is set forth in this act, including jurisdiction over habeas corpus proceedings and over applications for support, maintenance, a distribution of marital property and custody in matrimonial actions when referred to the family court by the supreme court, conciliation proceedings, and proceedings concerning physically handicapped and mentally defective or retarded children.

Thus, they have concurrent jurisdiction over some matrimonial matters as described above only when referred from the Supreme Court.
Law Educator, Esq.
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Experience: Experienced attorney: Family law, Estate Law, SS Law etc.
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