| Matter of Rostkowski v Baginski |
| 2012 NY Slip Op 05177 [96 AD3d 1066] |
| June 27, 2012 |
| Appellate Division, Second Department |
| In the Matter of Mieczystaw Rostkowski, Appellant, v JanBaginski, Respondent. |
—[*1] Jonathan Edward Kirchner, P.C., Commack, N.Y., for respondent.
In a family offense proceeding pursuant to Family Court Act article 8, the petitioner appealsfrom an order of the Family Court, Queens County (Fitzmaurice, J.), dated September 12, 2011,which, after a hearing, dismissed the petition.
Ordered that the order is affirmed, without costs or disbursements.
The petitioner's contention that the Family Court acted improperly by consolidating hispetition with a petition in a related case is without merit. Although it is true that a court may notorder consolidation sua sponte (see CPLR 602 [a]; AIU Ins. Co. v ELRAC, Inc.,269 AD2d 412 [2000]; Matter of Amy M., 234 AD2d 854, 855 [1996]), here, there wasno consolidation. The individual petitions were left intact. They were merely brought together tobe heard on the same day. The captions of the individual petitions remained the same, anddifferent determinations were rendered in separate orders.
Furthermore, contrary to the petitioner's contention, the Family Court did give him theopportunity to prove the allegations contained in his petition, but he failed to do so. Rivera, J.P.,Eng, Lott and Cohen, JJ., concur.