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Matter of Walsh v. Walsh

Appellate Division of the Supreme Court of New York, Second Department
Jun 1, 1998
251 A.D.2d 338 (N.Y. App. Div. 1998)

Opinion

June 1, 1998

Appeal from the Family Court, Suffolk County (Freundlich, J.).


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.


Summaries of

Matter of Walsh v. Walsh

Appellate Division of the Supreme Court of New York, Second Department
Jun 1, 1998
251 A.D.2d 338 (N.Y. App. Div. 1998)
Case details for

Matter of Walsh v. Walsh

Case Details

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

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jun 1, 1998

Citations

251 A.D.2d 338 (N.Y. App. Div. 1998)
673 N.Y.S.2d 1006

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