February 18, 2010
This responds to your inquiry (09-237) asking whether it is ethically permissible for you to continue to hold the positions of fire police member and chaplain for the local volunteer fire department while also serving as the recently-elected town justice. You may continue to serve as a police member and chaplain of the local fire department as long as you are not a peace officer as defined by the Criminal Procedure Law, sections CPL 1.20 and 2.10.
Enclosed, for your convenience, are Opinions 07-146; 90-166 and 88-114, which address this issue.
Very truly yours,
George D. Marlow
Justice of the Supreme Court (Ret.)