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.