April 30, 2014
This responds to your inquiry (14-56) asking whether you may preside over a matter involving an individual who is a former domestic partner of an official of the town in which you preside.
There is no indication that the town official participates in determining your salary or the court’s budget. Nor is there any indication of any other relationship, conflict or bias. Accordingly, it is ethically permissible to preside as long as you are satisfied that you can be fair and impartial in matters involving this individual.
Enclosed is Opinion 11-02 which addresses this issue.
Very truly yours,
George D. Marlow, Assoc. Justice
Appellate Division, First Dept. (Ret.)