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IN THE MATTER OF LETICIA v. TOMAS

Appellate Division of the Supreme Court of New York, First Department.
Nov 4, 2004
Important Paras
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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]).