October 7, 2014
PERSONAL AND CONFIDENTIAL
This responds to your inquiry (14-96) asking whether you may preside in a particular uncontested matter, in which the parties are a judge and his/her spouse with whom you have had very limited social interaction over the years. In addition, the judge had appeared before you for many years as an attorney before recently being elected to a full-time judicial position.
Under the circumstances presented, it appears the relationship with your judicial colleague and his/her spouse is at the level of an “acquaintance” within the meaning of Opinion 11-125. Accordingly, assuming you can be fair and impartial, you may preside over the case and need not make any disclosures.
Enclosed, for your convenience, are Opinions 14-81, 11-125, 11-124 which address this issue.
Very truly yours,
George D. Marlow, Assoc. Justice
Appellate Division, First Dept. (Ret.)