Opinion 14-42

May 9, 2014

Dear :

         This responds to your inquiry (14-42) asking about your ethical obligations when a local Medical Center, which employs a member of your family who resides in your household, appears before you. Your relative is related to you within the third degree of relationship, and the job is that of a medical technician.

         You must disqualify yourself if your relative is personally involved in a particular case. Otherwise, in the absence of any basis for mandatory disqualification (see 22 NYCRR 100.3[E][1][a]-[g]), you are not required to disclose or recuse in cases involving the Medical Center as long as you can be fair and impartial. This applies regardless of whether your relative is applying for a job with or is employed by the Medical Center.

         Enclosed, for your convenience, are Opinions 08-124 and 03-11 which address this issue.

                                       Very truly yours,

George D. Marlow, Assoc. Justice

Appellate Division, First Dept. (Ret.)

Committee Chair

Encls.