SMITH v. SMITH

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.)