Frank Policelli, who is representing alleged victim John Zumpano, has written letters asking a state judge and an appeals court to consider a possible conflict of interest on behalf of the diocese's law firm, Hancock and Estabrook.

"What we are arguing today against the diocese is the same position this law firm advocated 20 years ago while representing another client," Policelli said.

Zumpano, 55, is alleging he was sexually abused on an almost-daily basis from 1963 until 1970 by the Rev. James Quinn, a prominent Utica priest. Zumpano also alleges diocese officials knew about the abuse and did nothing to stop it.

The lawsuit was dismissed in November, after a judge ruled that while the case had merit, a 10-year statute of limitations had expired and could not be extended. That ruling has been appealed to the state's Appellate Division in Rochester.

In an unrelated product liability case, Zumpano won a court judgment in 1991 for more than $700,000 against USAir after being seriously injured by a defective chair in 1985 and losing his left testicle. Hancock and Estabrook represented the airline.

During that case, Zumpano's attorney argued the injury left Zumpano suffering psychological problems. But Hancock and Estabrook attorneys hired an expert witness, who contended Zumpano's mental problems pre-existed his accident and were caused by "John Zumpano's sexual abuse by a priest over an extended period of time."

Policelli said if Zumpano is ultimately successful with his sexual-abuse lawsuit, the diocese could use Hancock and Estabrook's contradictory arguments to have an unfavorable decision reversed.

By raising the potential conflict of interest, Policelli said he is not asking for the law firm to be disqualified, but rather that the diocese acknowledge the possible conflict so it cannot raise the issue later. A hearing is scheduled Monday in Utica.

Diocese spokeswoman Danielle Cummings said she was not aware of the new legal challenge and could not comment. Diocese attorney Paul Hanrahan, of Hancock and Estabrook, was not available for comment.

Hancock and Estabrook did not identify the priest in their court papers, Policelli said.

However, Policelli wrote the court that the 1985 legal papers "referred to much of the same evidence that plaintiff Zumpano advocates in this lawsuit proves he was abused by Quinn."

Policelli said regardless of whether Hancock and Estabrook represented the diocese at the time, it presented a conflict of interest for them now because it would require them to "sacrifice" one client's best interests for the other's, which violates attorneys' professional conduct rules.

Quinn served as director of vocation promotion for the diocese and was in charge of enlisting and counseling young men for the priesthood. Although Quinn has denied the accusations, he has taken a voluntary leave from his recruiting job while the lawsuit is pending, although he is still permitted to celebrate Mass and perform other priestly duties.