Opinion 94-49

April 28, 1994

Digest:         A surrogate is not disqualified from presiding over Supreme Court matters wherein an attorney who is the spouse of the Chief Clerk of theSurrogate's Court appears on behalf of Mental Hygiene Information Service.

Rule:            22 NYCRR 100.3(c)

Opinion:

         The Chief Clerk of the Surrogate's Court of a county where the Surrogate is also assigned to sit in Supreme Court is the spouse of an attorney for the Mental Hygiene Information service (MHIS) which investigates and participates in Supreme Court proceedings relating to patients and clients of the Department of Mental Hygiene and Office of Mental Retardation and Developmental Disabilities.

         The Surrogate Judge inquires as to whether, while sitting in Supreme Court, he/she should pass upon MHIS matters in which the spouse of the Chief Clerk of the Surrogate's Court acts as an attorney.

The inquiring judge need not disqualify himself/herself from such Supreme Court matters, provided the Chief Clerk of the Surrogate's Court does not participate in the matter.