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In the Matter of LETICIA T., Respondent, v. TOMAS V., Appellant.

Although the record does not support the only finding of aggravating circumstances contained in Family Court's written order of protection, namely, that respondent threatened petitioner with a weapon, it amply supports other findings of aggravating circumstances contained in Family Court's oral decision. Accordingly, we modify the order of protection so as to include such findings and affirm the three-year period of protection (Family Ct Act former § 842; § 827 [a] [vii] [aggravating circumstances warranting a three-year, rather than one-year, period of protection mean, inter alia, behaviors constituting an immediate and ongoing danger to the petitioner, or any member of the petitioner's family or household]).

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IN THE MATTER OF LETICIA v. TOMAS
(Nov 4, 2004)