Although not a frequent occurrence at our court, it happens that when we reverse or modify a determination of a trial-level judge, a question arises whether we should direct that the matter be assigned to a different judge. The general custom here has been to remit matters back to the original judge, but as with other customs, there are times when we do not.
The occasions on which the First Department has ordered reassignment to a different judge are sometimes left unexplained, but when explanations have been offered, they have included:
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