March 25, 2010
This responds to your inquiry (10-47) asking whether you may prepare and submit an application to be discharged from your duties as guardian for an incapacitated person together with the final accounting in a Supreme Court proceeding. You indicate that you were appointed to this position before you took judicial office on January 1, 2010.
This Committee has previously advised that it is permissible for recently-elected judges to perform various functions and ministerial acts as court-appointed fiduciaries as long as those services are completed promptly and, to the extent possible, within their first year in office.
Enclosed, for your convenience, are Opinions 02-37 and 95-39 which address this issue.
Very truly yours,
George D. Marlow, Associate Justice, Appellate Division, First Department (Ret.) Committee Chair