A prosecutor’s appointment as the attorney for the three children of a woman he once prosecuted for child endangerment did not prejudice the woman in her custody dispute with the children’s father, an appeals court determined.

A panel of the Appellate Division, Third Department, rejected the mother’s argument that the presence of former assistant Madison County district attorney Scott Bielicki in her custody matter represented a per se conflict of interest under state Rules of Professional Conduct, 22 NYCRR 1200,0. The mother also argued in Matter of Tina X. v. John X., 519252, that Bielicki had confidential information that should result in vacatur of the stipulation and order issued by Madison County Family Court Judge Frank Revoir Jr. in the custody case.

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