Opinion 89-23

March 20, 1989

Citation Note: The rules were significantly revised and renumbered in 1996. As relevant here, former Section 100.5(c)(3) was replaced by Section 100.4(D)(5).

Dear Justice

         As you were advised previously by telephone by the Administrative Assistant to the Advisory Committee on Judicial Ethics, the Committee, at its meeting on February 24, 1989, considered your inquiry (89-23) of February 22, 1989, concerning the propriety of your accepting an invitation to attend a formal dinner party given by a prominent attorney, whose firm at times appears before you, on the occasion of that attorney's 75^th birthday. You indicate that other judges and prominent attorneys are likely to attend.

         The Committee concludes that it is both ethical and proper for you to accept the invitation to attend the attorney's birthday party, because this constitutes acceptance of “ordinary social hospitality”, expressly permitted by section 100.5(c)(3)(ii) (22 NYCRR 100.5(c)(3)(ii)) of the Judicial Conduct Rules of the Chief Administrator of the Courts.

Samuel J. Silvermnan

Chair