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IN THE MATTER OF MORON v. MORON

Appellate Division of the Supreme Court of New York, Second Department.
Jun 9, 2003
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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 ยง 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.