Celli v. New York City
1:24-cv-09743
S.D.N.Y.Jun 3, 2025Background
- Plaintiff Lucio Celli filed a motion seeking the recusal or disqualification of Judge John P. Cronan in ongoing federal civil litigation.
- The request for recusal was based on alleged impartiality or appearance of bias by the presiding judge.
- Plaintiff also sought a two-week extension to file objections to a recent Report and Recommendation and to respond to an Order to Show Cause regarding a possible filing injunction.
- The Court reviewed the motion under the standards set by 28 U.S.C. § 455(a) and relevant Second Circuit case law.
- The judge denied the recusal motion, finding no reasonable basis for doubting his impartiality.
- The judge granted the plaintiff's procedural extension but warned against continued frivolous filings and possible sanctions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Judicial recusal | Judge's impartiality reasonably questioned | No basis for recusal shown | Denied: No reasonable basis for doubt |
| Extension of deadlines | Needs more time to respond/prepare objections | Contested or silent | Granted: Extension until June 24 |
| Filing injunction | Not directly argued here | Court notes abusive filings | Warning: Further abuse may mean sanctions |
Key Cases Cited
- Liteky v. United States, 510 U.S. 540 (appearance of bias is enough to warrant recusal if a reasonable observer would doubt impartiality)
- United States v. Yousef, 327 F.3d 56 (standard for judicial recusal is whether an objective observer would question impartiality)
- In re Int’l Bus. Machs. Corp., 618 F.2d 923 (recusal should not be granted lightly due to wasted resources)
- In re Drexel Burnham Lambert, Inc., 861 F.2d 1307 (judges have a duty not to recuse without valid grounds)
