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In the Matter of Lamedh B

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 15, 2002
299 A.D.2d 966 (N.Y. App. Div. 2002)

Opinion

November 15, 2002.


Appeal from an order of Family Court, Erie County (McLeod, J.), entered May 1, 2002, in a proceeding pursuant to Family Ct Act article 3 to adjudicate respondent a juvenile delinquent.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously modified on the law by reducing the amount of restitution to $60 and as modified the order is affirmed without costs.

Memorandum: Family Court did not have authority under Family Ct Act § 353.6 (1)(a) to order restitution of the victim's unreimbursed dental expenses (see Matter of Keith Z., 195 A.D.2d 729). Contrary to petitioner's contention, "Family Court possesses only the power which is explicitly conferred on it by statute" (Matter of Martin v Martin, 127 A.D.2d 266, 269; see Matter of Borkowski v Borkowski, 38 A.D.2d 752, 753). We therefore modify the order by reducing the amount of restitution to $60.

Present — Pigott, Jr., P.J., Pine, Wisner, Kehoe and Gorski, JJ.


Summaries of

In the Matter of Lamedh B

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 15, 2002
299 A.D.2d 966 (N.Y. App. Div. 2002)
Case details for

In the Matter of Lamedh B

Case Details

Full title:IN THE MATTER OF LAMEDH B., Appellant. ERIE COUNTY ATTORNEY, Respondent

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

Date published: Nov 15, 2002

Citations

299 A.D.2d 966 (N.Y. App. Div. 2002)
750 N.Y.S.2d 708

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