Opinion
September 29, 2000.
Appeal from Order of Jefferson County Family Court, Hunt, J. — Custody.
PRESENT: GREEN, J. P., HAYES, HURLBUTT, BALIO AND LAWTON, JJ.
Order unanimously affirmed without costs.
Memorandum:
Respondent failed to contend before Family Court that alcohol abuse and refusal of treatment do not constitute aggravating circumstances within the meaning of Family Court Act § 827 (a) (vii) and § 842. Thus, respondent failed to preserve for our review his present contention that the court erred in issuing a three-year order of protection based on his alcohol abuse and refusal of treatment ( see generally, Matter of Tanya R. B. v Darren W., 254 A.D.2d 813 Matter of Mary Alice V., 222 A.D.2d 594, lv denied 87 N.Y.2d 811; Matter of Kagels v. Kagels, 209 A.D.2d 1020). In any event, we agree with the court that respondent's alcohol abuse and refusal of treatment constitute aggravating circumstances within the meaning of Family Court Act § 842, and we conclude that the court did not abuse its discretion in issuing the order ( see, Family Ct Act § 827 [a] [vii]; § 842).