Opinion 96-152

March 7, 1997

Hon.

Dear Judge

         In response to your letter of December 24, 1996, the Advisory Committee has considered your inquiry (96-152) as to whether you may continue to serve as co-executor of the estates of your deceased aunt and uncle

         As you acknowledge in your letter, section 100.4(E)(1) of the Rules Governing Judicial Conduct expressly permits such fiduciary service by a full-time judge on behalf of the estate of a relative with whom the judge maintained a close familial relationship. Accordingly, under the circumstances presented, you may continue to serve as co-executor of the estates in accordance with the terms of section 100.4(E)(1).

         Enclosed is a copy of Opinion 95-134 (Vol. XIII) in which this issue was addressed.

                                                                     Very truly yours,

                                                                     George D. Marlow

                                                                     Dutchess County Court Judge

                                                                     Co-Chair

                                                                     Thomas P. Flaherty

                                                                     Justice of the Supreme Court

                                                                     Co-Chair