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.