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



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