Turn undead and you.

[fangfa2]

Hi Playgrounders.
Today I noticed a problem with rebuking undead. How to deal with such kind of situation:
Blue team: Dread Necromancer 10(DN), 3x 4 HD Skeleton(S): One commanded (http://www.d20srd.org/srd/spells/commandUndead.htm), one animated (http://www.d20srd.org/srd/spells/animateDead.htm), and one rebuke commanded (http://www.d20srd.org/srd/combat/specialAttacks.htm#turnOrRebukeUndead) by him.
Red team: 2x 1 HD Skeleton(S), 1x 5 HD Skeleton(LS)
Dread Necro try to rebuke 'wild' undead. His rebuke level is 10, and check and damage is enough to Rebuke all of them.
My question is: What happens?
http://s7300.chomikuj.pl/ChomikImage.aspx?e=SU0CWDI5Yceukb6M2mjTJNIw3QTUN0b yJb_Z9BtAPeLCbt5sW724g8b2bjGt8pW2cvvITUiGhv1_-PbxSxQV7H0JUbxOJ-OXeEzwSPb9BvU&pv=2

[sleepyphoenixx]

Assuming they're all in range and LoE you can command any two of the enemy skeletons. The other is unaffected since you can't choose to rebuke creatures that would be commanded instead.
You can choose which ones to command though since releasing a commanded undead doesn't cost an action, so the order in which they are affected doesn't matter.

At least that is my interpretation of the RAW.

[fangfa2]

Thanks. But if he can affect no more than 10 HD somehow, those that he controls count to those that will be affected?

[sleepyphoenixx]

You can't choose between rebuking and commanding by RAW, so any undead that are over your control cap are unaffected unless you let others go.
I'd talk to your DM though since it's a reasonable houserule.