A musician who complained because his age bias suit got assigned to an elderly judge was singing the blues Monday after he refiled the suit and got the same judge.
Martin Stoner, 60, a violinist who wanted in on the Young Concert Artists competition, was hoping a new lawsuit would mean a new jurist.
But his case was returned Monday to 88-year-old Manhattan Federal Judge Robert Patterson - the same man the furious fiddler tried to get dumped for "mental and physical limitations" because he was "too old."
"I've criticized him and now he's going to judge me," Stoner told the Daily News. "Well, that doesn't make me feel that good in terms of fairness.
"You'd want to at least [to] level the playing field," he said.
Stoner - who lost a job with New York City Ballet's orchestra last year after 25 years - wanted to compete for the Young Concert Artists prize valued at more than $75,000 and aimed at helping musicians ages 16 to 26.
The irate artist filed a complaint with court officials blasting Patterson for both being too old and biased against people suing without the help of lawyers .
After Patterson dismissed the first lawsuit because of mistakes in the paperwork, Stoner filed a new lawsuit that he said fixed those mistakes.
The outcome pleased Young Concert Artists director Susan Wadsworth. "Good! Ha! That's terrific," she said. "I thought the judge was very fair."