Opinion 09-232

January 8, 2010

Hon.

Dear Justice:

         This responds to your inquiry (09-232) asking whether and to what extent you may preside over cases in which the public authority, which you represented prior to your judicial appointment, appears as a party.

         Given the nature of your representation of the public authority, you are disqualified from presiding over those cases which were pending with the public authority at any time while you were serving as a judge. Such disqualification is not subject to remittal (see 22 NYCRR 100.3[3][E][1][b][i]; 100.3[F]).

         Enclosed, for your convenience, are Opinions 07-23; 03-87; 99-11; and 97-08, which address this issue.

Very truly yours,

                                                 George D. Marlow

Justice of the Supreme Court (Ret.)

Committee Chair

Encls.