Judge Catherine Bartlett is scheduled to return to the bench on Tuesday morning  after taking more than a month off following surgery. She has 16 cases on her calendar, including several sentencing.

The Orange County attorney is an appointed Court of Claims judge assigned to Rockland with an designation of acting state Supreme Court justice. She sits in the Rockland Courthouse in New City.

Meanwhile, in one of Bartlett’s cases, the District Attorney’s Office withdrew its appeal of Barlett’s decision to toss out charges against Andrew Dale, who is charged with Zalman Silber with performing gynocological exams oin Silber’s then wife.  The Ramapo Town Board fied Dale as a Ramapo police officer as a result of the criminal charges following an disciplinary hearing.

Barlett dismissed  two official misconduct charges against Dale, contending the grand jury charges were not appropriate and lacked evidence. Her decision on those two counts automatically dismissed 24 misdemeanor sexual abuse charges against Dale as beyond the statute of limitations.

The DA’s office appeal of Bartlett remaining as the judge in the case remains. Prosecutors contend she recused herself after properly revealing a woman spoke to her about the Silbers’ divorce.

Defense lawyers wanted her to stay on and she then said she would consider remaining on the case.

The New York state Supreme Court Appellate Division has yet to announce its ruling.