Matter of Aria E. v Lisette B., 2011 NY Slip Op 01578 (App. Div. 1st 2011)
The court properly drew a negative inference against the mother from her failure to testify (Matter of Jayvien E. [Marisol T.], 70 AD3d 430, 437 ). Contrary to the mother's contention, "[i]nasmuch as proceedings under Article 10 of the Family Court Act are civil rather than criminal in nature, any inference drawn from the mother's failure to testify does not violate her Fifth Amendment rights in a criminal case pending at the time of the hearing" (Matter of Nicole H., 12 AD3d 182, 183 ).