From Casetext: Smarter Legal Research

In the Matter of Moron v. Moron

Appellate Division of the Supreme Court of New York, Second Department
Jun 9, 2003
306 A.D.2d 349 (N.Y. App. Div. 2003)

Opinion

2003-01204

Submitted May 22, 2003.

June 9, 2003.

In a child support proceeding pursuant to Family Court Act article 4, the father appeals from so much of an order of the Family Court, Suffolk County (Spinner, J.), dated January 27, 2003, as, after a hearing, imposed incarceration costs upon him.

Marie Kuhnla, Central Islip, N.Y., for appellant.

Before: MYRIAM J. ALTMAN, J.P., GLORIA GOLDSTEIN, LEO F. McGINITY, WILLIAM F. MASTRO, JJ.


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.


Summaries of

In the Matter of Moron v. Moron

Appellate Division of the Supreme Court of New York, Second Department
Jun 9, 2003
306 A.D.2d 349 (N.Y. App. Div. 2003)
Case details for

In the Matter of Moron v. Moron

Case Details

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

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

Date published: Jun 9, 2003

Citations

306 A.D.2d 349 (N.Y. App. Div. 2003)
760 N.Y.S.2d 677

Citing Cases

MATTER OF JILLANA C.

55 directing the District to evaluate a juvenile "for her suitability for classification by the Committee on…

Matter of Garcia v. Cruz-Sosa

ORDERED that the order and judgment is reversed insofar as appealed from, on the law, without costs or…