Opinion 10-140

January 7, 2011

Hon.

Dear Justice:

         This responds to your inquiry (10-140) asking whether you may run for the position of Fire Auxiliary President.

         The Committee previously has advised that a judge may serve as a president, vice- president, director, secretary, assistant chief or engineer for a local volunteer fire department (see Opinion 02-57) and as secretary of a town fire district (see Opinion 89-155 [Vol. V]). Therefore, you may run for and serve as Fire Auxiliary President as long as you will be elected by members of the Auxiliary and not the public at large (see 22 NYCRR 100.5[A][1][d]). While you may assist the Auxiliary in planning fund-raising and may participate in the management and investment of the Auxiliary’s funds, you are prohibited from personally participating in the solicitation of funds or other fund-raising activities.

         I have enclosed copies of Opinions 02-57 and 89-155 (Vol. V) for your convenience.

Very truly yours,

George D. Marlow

Assoc. Justice, Appellate Division, First Dept. (Ret.)

Committee Chair

Enc.