Opinion 10-183

                                                 January 20, 2011

Hon. 

Dear Justice:

         This responds to your inquiry (10-183) asking whether you may complete your responsibilities as a referee in a foreclosure pursuant to an appointment made before you assumed the bench.

         Although a judge of the Unified Court System is not eligible for appointment as a referee (see, 22 NYCRR 36.2[c][1]), the Advisory Committee on Judicial Ethics previously has advised that it is not improper for a judge to continue to serve in a fiduciary capacity pursuant to a court appointment that was made prior to the judge assuming the bench (see Opinions 09-103, 08-130, 02-37). Therefore you may complete your responsibilities as a referee in a foreclosure pursuant to an appointment made before you assumed the bench.

         I have enclosed copies of Opinions 09-103, 08-130, and 02-37 for your convenience.

Very truly yours,

George D. Marlow

Assoc. Justice, Appellate Division, First Dept. (Ret.)

Committee Chair

Encs.