January 7, 2010
This responds to your inquiry (09-215) asking whether you may preside over cases when the city, in which your sibling serves as a member of the city council, is a party in a matter before you. Unless the litigation directly involves the City Council or its members as parties (in which case, the parties may request remittal [see 22 NYCRR 100.3(F)]), you may preside over cases in which the city is a party.
Enclosed, for your convenience, is Opinion 02-42 which addresses this issue.
Very truly yours,
George D. Marlow
Justice of the Supreme Court (Ret.)