| Matter of Daniel D. |
| 2008 NY Slip Op 10213 [57 AD3d 444] |
| December 30, 2008 |
| Appellate Division, First Department |
| In the Matter of Daniel D. and Another Children Alleged to beNeglected. John D., Appellant; Commissioner of the Administration for Children's Services,Respondent. |
—[*1] Michael A. Cardozo, Corporation Counsel, New York (Suzanne K. Colt of counsel), forrespondent. Tamara A. Steckler, The Legal Aid Society, New York (Judith Stern of counsel), LawGuardian.
Fact-finding order, Supreme Court, New York County (Harold B. Beeler, J.), entered on orabout July 13, 2007, finding that respondent-appellant neglected his children, unanimouslyaffirmed, without costs.
The preponderance of the credible evidence supports the finding, made after a hearing(see Matter of Tammie Z., 66 NY2d 1 [1985]), that respondent subjected his two youngchildren to emotional harm (seeNicholson v Scoppetta, 3 NY3d 357, 370 [2004]) by encouraging them to make falseallegations against their maternal grandfather that resulted in repeated and distressing interviewsand medical examinations, and by engaging in a campaign to alienate the children from theirmother (see Matter of Ramazan U., 303 AD2d 516, 517 [2003]). Respondent's decisionnot to testify allowed the court "to draw the strongest negative inference" against him (Matter of Devante S., 51 AD3d482 [2008] [internal quotation marks omitted]). Supreme Court properly consolidated thischild protective proceeding with the divorce/custody action pending before it given its extensivefamiliarity with the many common factual and legal issues (see e.g. Paul B. S. v Pamela J.S., 70 NY2d 739 [1987]; Kosovskyv Zahl, 52 AD3d 305, 305 [2008]). It was not a violation of CPLR 603 for the court toorder consolidation on its own initiative and without a motion having been made, where the courtgave all parties an opportunity [*2]to be heard (see Nelson vLundy, 300 AD2d 967, 968 [2002]). We have considered respondent's other arguments andfind them without merit. Concur—Tom, J.P., Friedman, Gonzalez, McGuire and Acosta,JJ.