Brine v. Dubinsky

OPINION OF THE COURT

David B. Saxe, J.

Is recusal from a case by a housing court Judge of the Civil Court of the City of New York and a reassignment of that particular landlord-tenant proceeding to another Judge (a) a violation of 22 NYCRR 2900.35 (/) which states that only the Presiding Judge of the Housing Part shall make assignments; and (b) a violation of the accepted practices of the housing court, to the effect that once a part is assigned, it may not be changed unless the Judge in that part is unavailable?

This issue is raised in the context of an article 78 proceeding. The petitioner…