Rostkowski v. Baginski

In a family offense proceeding pursuant to Family Court Act article 8, the petitioner appeals from 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 his petition with a petition in a related case is without merit. Although it is true that a court may not order consolidation sua sponte (see CPLR 602 [a]; AIU Ins. *1067Co. v ELRAC, Inc., 269 AD2d 412 [2000]; Matter…