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IN THE MATTER OF MURIEL MORON, respondent, v. GEORGE B. MORON, appellant.

DECISION ORDER

ORDERED that the order is reversed insofar as appealed from, on the law, without costs or disbursements.

The power of the Family Court, upon a finding that a support order was violated, is set forth in Family Court Act § 454, which does not permit the imposition of incarceration costs. As a court of limited jurisdiction, the Family Court cannot exercise powers beyond those which are granted to it by statute (see Matter of Pearson v. Pearson, 69 N.Y.2d 919; Matter of Kogan v. Kogan, 75 A.D.2d 644; Matter of Borkowski v. Borkowski, 38 A.D.2d 752). Therefore, so much of the order as imposed incarceration costs upon the father must be reversed (see Matter of DeMarco v. Newton, 305 A.D.2d 501 [2d Dept, May 12, 2003]).

ALTMAN, J.P., GOLDSTEIN, McGINITY and MASTRO, JJ., concur.

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IN THE MATTER OF MORON v. MORON
(Jun 9, 2003)