Opinion 09-189

November 10, 2009

Hon.

Dear Judge:

         This responds to your inquiry (09-189) asking whether the niece/nephew of your aunt/uncle by marriage may appear before you. Pursuant to the Rules Governing Judicial Conduct, this relative of your aunt/uncle by marriage may appear before you as she/he is not related to you by blood or by marriage (see 22 NYCRR 100.0[C]; 100.3[E][1][e]), nor do you indicate any other factor that would warrant either disclosure or disqualification.

Very truly yours,

                                                 George D. Marlow

Justice of the Supreme Court (Ret.)

Committee Chair