§ 340.2. Presiding judge. 1. The judge who presides at the\ncommencement of the fact-finding hearing shall continue to preside until\nsuch hearing is concluded and an order entered pursuant to section 345.1\nunless a mistrial is declared.\n 2. The judge who presides at the fact-finding hearing or accepts an\nadmission pursuant to section 321.3 shall preside at any other\nsubsequent hearing in the proceeding, including but not limited to the\ndispositional hearing.\n 3. Notwithstanding the provisions of subdivision two, the rules of the\nfamily court shall provide for the assignment of the proceeding to\nanother judge of the court when the appropriate judge cannot preside:\n (a) by reason of illness, disability, vacation or no longer being a\njudge of the court in that county; or\n (b) by reason of removal from the proceeding due to bias, prejudice or\nsimilar grounds; or\n (c) because it is not practicable for the judge to preside.\n 4. The provisions of this section shall not be waived.\n
N.Y. Fam. Ct. Act § 340.2
Presiding judge
2014-09-22
Official source: NYS Open Legislation (New York State Senate). Reproduced from public-domain New York statutes; confirm against the official source for the current text. Not legal advice.