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IN THE MATTER OF SARA AIN FLASCHER, respondent, v. KURT FLASCHER, appellant.

DECISION ORDER

ORDERED that the order is modified by adding to the decretal paragraph thereof a finding that aggravating circumstances exist including violent and harassing behavior by the husband towards the wife which constitutes an immediate and ongoing danger to her; as so modified, the order is affirmed, without costs or disbursements.

Contrary to the husband's contention, there was sufficient evidence to support the Family Court's finding of the existence of aggravating circumstances (see Matter of Reilly v. Reilly, 254 A.D.2d 361; Family Ct Act § 827[a][vii]). The order of protection is thus modified to include this finding in compliance with Family Court Act § 842 (see Matter of Reilly v. Reilly, supra; Matter of Muller v. Muller, 221 A.D.2d 635).

The husband's remaining contentions are without merit.

RITTER, J.P., SANTUCCI, GOLDSTEIN and MASTRO, JJ., concur.

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IN THE MATTER OF FLASCHER v. FLASCHER
(Oct 7, 2002)