Opinion 09-215

January 7, 2010

Hon.

Dear Justice:

         This responds to your inquiry (09-215) asking whether you may preside over cases when the city, in which your sibling serves as a member of the city council, is a party in a matter before you. Unless the litigation directly involves the City Council or its members as parties (in which case, the parties may request remittal [see 22 NYCRR 100.3(F)]), you may preside over cases in which the city is a party.

         Enclosed, for your convenience, is Opinion 02-42 which addresses this issue.

Very truly yours,

George D. Marlow

Justice of the Supreme Court (Ret.)

Committee Chair

Enc.