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N.Y. FCT Law § 340.2

This is the official text of N.Y. FCT Law § 340.2, part of New York’s FCT Law — part of the compiled statutory law of New York, published by the state as "FCT Law." Browse the sections below, each linked to its official government source.

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Presiding judge

Official statutory text

§ 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

Status: in_force · Read it on the official government site

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About this page: Statute text is reproduced from official government publishers via the Open US Law dataset (Vaquill AI, snapshot v2026.08, CC BY 4.0). Primary legislative text like this is public domain under the government-edicts doctrine (Georgia v. Public.Resource.Org, 2020). We link every section back to its official source so you can verify it independently.