June 9, 2014
PERSONAL AND CONFIDENTIAL
This responds to your inquiry (14-65) asking whether you may preside in a case involving the Town Highway Superintendent.
There is no indication this town official participates in determining your salary or the court’s budget. Nor is there any indication of any other relationship, conflict or bias. Accordingly, it is ethically permissible to preside as long as you are satisfied that you can be fair and impartial in matters involving this individual.
Enclosed, for your convenience is Opinion 11-02 which addresses this issue.
Very truly yours,
George D. Marlow, Assoc. Justice
Appellate Division, First Dept. (Ret.)