July 25, 2014
PERSONAL AND CONFIDENTIAL
This responds to your inquiry (14-76) asking whether you may perform additional, unexpected duties as the receiver for a matter you thought had been concluded before you assumed the bench. You received a “pre-sale notification” and subsequent notice of sale regarding an inventoried item of personal property.
It is ethically permissible for you to notify the parties of the sale and dispose of the proceeds as required or permitted by law and the parties’ agreement, as doing so is purely ministerial.
Enclosed, for your convenience, are Opinions 10-183; 10-169; 09-103 and 02-37 which relates to this issue.
Very truly yours,
George D. Marlow, Assoc. Justice
Appellate Division, First Dept. (Ret.)