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January 16, 2008
Federal Judge Recuses Himself of Atlantic Yards Appeal
Brooklyn Daily Eagle
A Federal Circuit Court Judge has apparently recused himself from considering the appeal of Brooklyn residents who live in the Atlantic Yards footprint.
...
The [Federal eminent domain] lawsuit was dismissed in June, and oral arguments on the appeal took place before a three-judge panel in October. One of those three judges, Hon. Edward R. Korman, has now recused himself, it seems.During those arguments that took place last year, Korman had offered to recuse himself and made it known that he had received an Atlantic Yards promotional flyer and had checked the box on that flyer that indicated he supported the project. Neither side objected to his remaining on the panel.
Nevertheless, Korman is not on the panel anymore.He is replaced by the Chief Judge Hon. Dennis Jacobs, who, according to attorney sources, is the judge who appoints the replacement judge if necessary – meaning, if that is true, then Jacobs had appointed himself.
Normally, if one judge recuses himself, the other two judges will decide the case between the two of them, and will only call for a replacement third judge if the two judges disagree and can’t come to a decision. Perhaps that is the case here – perhaps the two remaining judges, Hon. Robert A. Katzmann and Hon. Debra Ann Livingston, disagree.
Posted by lumi at January 16, 2008 6:02 AM