Smith v. Smith

Full title: In the Matter of RONALD J. SMITH, Respondent, v. STACEY K. SMITH, Appellant

Court: Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Jul 3, 1997

241 A.D.2d 980 (N.Y. App. Div. 1997)

667 N.Y.S.2d 141

Opinion

July 3, 1997

Appeal from the Herkimer County Family Court, LaRaia, J.

Present — Green, J. P., Lawton, Doerr, Balio and Boehm, JJ.

The court did not improvidently exercise its discretion in denying respondent's motion to disqualify the Law Guardian. The record does not support respondent's contention that the children had conflicting interests precluding their joint representation by the Law Guardian ( see, Matter of Zirkind v. Zirkind, 218 A.D.2d 745, 746; Matter of Department of Social Servs. [Jennifer M.], 148 Misc.2d 584; cf., Matter of Brooke D., 193 A.D.2d 1100, lv dismissed 82 N.Y.2d 734; Matter of H. Children, 160 Misc.2d 298). Respondent's remaining contention is not preserved for our review ( see, Zankowski v. Johns-Mansville Corp., 204 A.D.2d 1023). (Appeal from Order of Herkimer County Family Court, LaRaia, J. — Custody.)