May 29, 2012
This responds to your inquiry (12-61) asking what action you should take regarding an advertisement for a fund raising event which has already been held, to benefit the local bar foundation. The ad was placed in a local newspaper without your knowledge or consent. Furthermore, the ad, placed by the local bar foundation, used your judicial title and name to announce the event.
The Committee advises that you send a letter to the bar foundation objecting to the use of your name in the advertisement and requesting a retraction. You should also advise the foundation to cease from using the advertisement in any form and to instruct the foundation not to use your name in a similar manner in the future. You need not take any further action.
Enclosed, for your convenience, are Opinions 11-35; 07-80; 04-133; and 03-92, which address this issue.
Very truly yours,
George D. Marlow, Assoc. Justice
Appellate Division, First Dept. (Ret.)