A New York judge who in a prior proceeding called a man "scum" and a "predator" had no cause to disqualify himself for bias in a subsequent matter because he did not recall making the insults, a state appellate panel has found. The court said that the record clearly reflects that when Thomas C. Wallis came before Judge Biagio DiStefano on rape and related charges, the judge had no recollection of berating Wallis during a prior Family Court proceeding.
December 29, 2005 at 12:00 AM
1 minute read
The original version of this story was published on Law.Com
A judge who in a prior proceeding called a man “scum” and a “predator” had no cause to disqualify himself for bias in a subsequent matter because he did not recall making the insults, an appellate panel has found.
The Appellate Division, 3rd Department, said the record clearly reflects that when Thomas C. Wallis came before Madison County, N.Y., Judge Biagio DiStefano in 1999 on rape and related charges, the judge had no recollection of berating the man during a prior Family Court proceeding.
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