A State Supreme Court judge who had been off the job since he was struck by a train in February was reinstated to duty Thursday.
Judge John L. Michalski, 61, who was approached for questioning by the FBI shortly before the Feb. 28 train incident, is “reinstated to duty, effective immediately,” Lucian Chalfen, a spokesman for the state Office of Courts Administration, told The Buffalo News.
His reinstatement came two months after Michalski’s attorney, Terrence M. Connors, confirmed to The News that Michalski had asked to return to duty.
“Judge Michalski worked very hard to meet all the fitness qualifications that would enable him to return to the bench. His current mental and physical health now qualifies him for a return to work," Connors said late Thursday.
Speaking of the train incident, Connors said: "The judge realizes that it was not his time, and he is grateful for that. I think he feels that he has been kept alive to accomplish good things in his life."
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The train incident was called an "apparent suicide attempt" by State Supreme Court Judge Thomas Brown in a decision last year upholding the Village of Depew's refusal to release a copy of a video showing Michalski being struck by the train.
Connors was asked if the incident was a suicide attempt.
"I'm not qualified to characterize it that way," Connors said. "The judge had no history of mental health issues, but there was a confluence of events that caused great stress in his life and resulted in conduct that you would never anticipate from a person who has accomplished so much in his life. He has since undergone counseling and evaluation that have given him great insight and the ability to cope with things."
Michalski was struck by a train in a Depew railyard last year, days after he was questioned by the FBI about his long-time friendship with a strip club owner named Peter Gerace who faces federal charges of money-laundering, drug trafficking and sex trafficking.
No charges have ever been filed against the judge in connection with the FBI probe, and supporters of the judge say there was nothing illegal or improper about the friendship.
Connors declined to comment when asked about the FBI probe or to give further details on what led to the train incident.
He did tell The News that the judge is "cooperating fully" with an ongoing investigation into his conduct by the state Commission on Judicial Conduct.
The commission has been investigating allegations made by Gerace's ex-wife that Michalski was paid $5,000 to perform Gerace's wedding ceremony. Judges in New York state are prohibited from accepting more than $100 to perform a wedding ceremony.
Connors said he could not discuss details of the commission's investigation or speculate how long the investigation will last.
The judge was treated in a hospital for leg injuries suffered when the train hit him. Connors said he also suffered a minor head injury.
Michalski is assigned to the state Court of Claims.
