Daniel D. v. Linda C.

OPINION OF THE COURT

Paula J. Hepner, J.

The Court Attorney Referee to whom this case was referred,1 submitted a report to the undersigned on January 23, 2009 recommending her recusal because she “inadvertently received information” during an “ex parte scheduling communication” with an unidentified person which “might affect her impartiality.” In her report she did not reveal the substance of the information “because it is privileged pursuant to CPLR 4503.” She relied upon Advisory Committee on Judicial Ethics Opinion 07-192 (2007) for this course of action. This ethics Opinion addressed the…