Court records showed on Monday that Mr. Trump had begun the process of filing the action against Justice Merchan, though the papers were not immediately made public.
An online court docket where Mr. Trump is expected to file the so-called Article 78 action — a special proceeding that comes in the form of a lawsuit and can be used to challenge New York State government agencies and judges — showed that the related paperwork was sealed.
Mr. Trump’s unorthodox move, essentially an appeal in the form of a suit, is unlikely to succeed, particularly so close to trial.
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