Opinion 09-227

January 8, 2010

Dear Justice:

         This responds to your inquiry (09-227) asking whether you may continue to serve as a referee and law guardian for matters in which you were appointed a fiduciary pursuant to 22 NYCRR part 36 prior to your judicial appointment.¹

         Enclosed, for your convenience, are Opinions 09-103; 08-130 and 02-37 which address this issue.

Very truly yours,

George D. Marlow

Justice of the Supreme Court (Ret.)

Committee Chair

Encls.

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         ¹Both referee and private pay law guardian appointments are governed by 22 NYCRR part 36 (see 22 NYCRR 36.1[a][3] and [9]).