Opinion 09-164

October 13, 2009

Hon.

Dear Judge :

         This responds to your inquiry (09-164) asking what your ethical responsibilities are, having recently become aware of information indicating that your court may have been without jurisdiction to hear and adjudicate certain proceedings.

         Your inquiry raises a legal question, which is beyond this Committee’s jurisdiction (see 22 NYCRR 101.1; see also Judiciary Law §212[2][l]). However, if you believe that certain proceedings were improperly commenced in your court, you should report the situation immediately to your supervising judge or the Administrative Judge.

Very truly yours,

George D. Marlow

Justice of the Supreme Court (Ret.)

Committee Chair