Opinion 91-142

December 5, 1991

Digest:         A judge may accept a lunch invitation at a subsidized cafeteria owned and operated by a private corporation, where the corporation has no matter pending before the judge.

Rules:          22 NYCRR 100.2.

Opinion:

         A judge works in a court facility which shares a floor in an office building with a private corporation which operates a subsidized cafeteria for its employees. The corporation has invited the judge of that court to use the cafeteria and to pay in the same manner as the employees. The judge asks if there is any ethical bar to accepting the invitation on an occasional basis. The judge advises that the corporation has no litigation pending and does not believe the corporation will ever be a party in the judge's court.

         We perceive no impropriety nor appearance of impropriety in the judge's acceptance of such hospitality on the facts presented.