In the Matter of Daniel D.
| Decision Date | 30 December 2008 |
| Docket Number | 4929. |
| Citation | 57 A.D.3d 444,870 N.Y.S.2d 287,2008 NY Slip Op 10213 |
| Parties | In the Matter of DANIEL D. and Another Children Alleged to be Neglected. JOHN D., Appellant; COMMISSIONER OF THE ADMINISTRATION FOR CHILDREN'S SERVICES, Respondent. |
| Court | New York Supreme Court — Appellate Division |
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 young children to emotional harm (see Nicholson v Scoppetta, 3 NY3d 357, 370 [2004]) by encouraging them to make false allegations against their maternal grandfather that resulted in repeated and distressing interviews and medical examinations, and by engaging in a campaign to alienate the children from their mother (see Matter of Ramazan U., 303 AD2d 516, 517 [2003]). Respondent's decision not to testify allowed the court "to draw the strongest negative inference" against him (Matter of Devante S., 51 AD3d 482 [2008] [internal quotation marks omitted]). Supreme Court properly consolidated this child protective proceeding with the divorce/custody action pending before it given its extensive familiarity with the many common factual and legal issues (see e.g. Paul B. S. v Pamela J. S., 70 NY2d 739 [1987]; Kosovsky v Zahl, 52 AD3d 305, 305 [2008]). It was not a violation of CPLR 603 for the court to order consolidation on its own initiative and without a motion having been made, where the court gave all parties an opportunity to be heard (see Nelson v Lundy, 300 AD2d 967, 968 [2002]). We have considered respondent's other arguments and find them without merit.
To continue reading
Request your trial
-
In the Matter of Travis Y.
...N.Y.2d 693, 699, 723 N.Y.S.2d 744, 746 N.E.2d 1036 [2001]; Kosovsky v. Zahl, 52 A.D.3d 305, 859 N.Y.S.2d 442 [2008]; In re Daniel D., 57 A.D.3d 444, 870 N.Y.S.2d 287 [2008], lv. dismissed 12 N.Y.3d 906, 884 N.Y.S.2d 684, 912 N.E.2d 1064 [2009] ). 4. The revisions to the Penal Law essentiall......
-
In re Isobella A.
...). In any event, the proceedings were properly consolidated given "the many common factual and legal issues" (Matter of Daniel D., 57 A.D.3d 444, 444, 870 N.Y.S.2d 287, lv. dismissed 12 N.Y.3d 906, 884 N.Y.S.2d 684, 912 N.E.2d 1064 ; see Matter of Lebraun H. [Brenda H.], 111 A.D.3d 1439, 14......
-
Kern v. N.Y. State Cent. Register of Child Abuse & Maltreatment
...(ALJ) that it was established by a preponderance of the evidence that petitioner maltreated the child (see Matter of Daniel D., 57 A.D.3d 444, 444, 870 N.Y.S.2d 287 [1st Dept. 2008], lv dismissed 12 N.Y.3d 906, 884 N.Y.S.2d 684, 912 N.E.2d 1064 [2009] ; see generally Matter of Salvatore M. ......
-
Vega v. N.Y. State Office of Children & Family Servs.
...174 A.D.3d 1434, 1435, 108 N.Y.S.3d 232 [4th Dept. 2019], lv denied 34 N.Y.3d 906, 2019 WL 6909717 [2019] ; Matter of Daniel D. , 57 A.D.3d 444, 444, 870 N.Y.S.2d 287 [1st Dept. 2008], lv dismissed 12 N.Y.3d 906, 884 N.Y.S.2d 684, 912 N.E.2d 1064 [2009] ).Moreover, the evidence at the heari......