Opinion
October 13, 1998
Appeal from the Family Court, Suffolk County (Freundlich, J.).
Ordered that the order is modified by adding to the decretal paragraph thereof providing that the order shall remain in effect until August 26, 1999, a finding that aggravating circumstances exist including violent and harassing behavior by the husband in the presence of the wife and their infant child which constitutes an immediate and ongoing danger to them; as so modified, the order is affirmed, without costs or disbursements.
The Family Court provided for an extended period of protection without setting forth any aggravating circumstances as required by Family Court Act § 842. Nonetheless, the record reveals that aggravating circumstances exist as the husband, on three different occasions, exhibited violent and harassing behavior either in the presence of the wife alone, or while their infant child was present, which constitutes an immediate and ongoing danger to them. Accordingly, the order of protection is modified to include this finding ( see, Family Ct Act § 827 [a] [vii]; § 842; see also, Matter of Mawhirt v. Mawhirt, 241 A.D.2d 524; Matter of Muller v. Muller, 221 A.D.2d 635, 636).
Pizzuto, J. P., Joy, Florio and Luciano, JJ., concur.