Opinion 88-28

July 13, 1988

Dear Justice

         This will confirm in writing the determination of the Advisory Committee on Judicial Ethics, reached at its meeting of March 14, 1988, concerning your inquiry (88-28) of February 26, 1988, which determination was transmitted to you informally by , Administrative Assistant to the committee, by telephone after that meeting.

         The Advisory Committee concluded that there is no statute or rule, including section 100.2(c) of the Rules of Judicial Conduct (22 NYCRR 100.2(c)), or any other ethical prohibition, that would preclude your signing an application, as an officer of your local Knights of Columbus Council, on behalf of that organization, to obtain a club liquor license. However, if any case relating to the sale of liquor pursuant to that license should come before you as town justice, you would be required to recuse yourself from presiding over that case.

         This Opinion is advisory only and does not bind the Commission on Judicial Conduct or the Office of Court Administration.

                                                                     Very truly yours,

                                                                     Samuel J. Silverman

                                                                     Chair