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In the Matter of KATHLEEN WALSH, Respondent, v. BRIAN WALSH, Appellant.

Ordered that the order is modified, on the law and the facts, by deleting from the sixth and seventh decretal paragraphs thereof the date "June 10, 2000" and substituting therefor the date "June 10, 1998"; as so modified, the order is affirmed, without costs or disbursements.

The order appealed from fails to set forth, and the record does not support, a finding of aggravating circumstances ( cf., Matter of Muller v. Muller, 221 A.D.2d 635, 637). Therefore, the order of protection may be effective for a period not to exceed one year, and we hereby modify it accordingly ( see, Family Ct Act § 842, 827 Fam. Ct. Act [a] [vii]; Matter of Zirkind v. Zirkind, 218 A.D.2d 745, 746).

O'Brien, J. P., Ritter, Thompson, Friedmann and Goldstein, JJ., concur.

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MATTER of WALSH v. WALSH
(Jun 1, 1998)