Jordal v. Jordal, 193 A.D.2d 1102 (N.Y. App. Div. 1993). · Go Syfert
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Jordal v. Jordal, 193 A.D.2d 1102 (N.Y. App. Div. 1993). Cases Citing This Book View Copy Cite
19 citation events (7 in the last 25 years) across 1 distinct court.
Strongest positive: Wagner v. Wagner (nyappdiv, 2022-11-18)
Top citers, strongest first. 6 distinct citers. How cited ↗
discussed Cited as authority (rule) Wagner v. Wagner
N.Y. App. Div. · 2022 · confidence medium
"Parties to an appeal are entitled to have that record show the facts as they really happened at trial, and should not be prejudiced by an error or omission of the stenographer" or the audio recording device ( People v Bethune , 29 NY3d 539, 541 [2017]; see People v Henderson , 140 AD3d 1761, 1761 [4th Dept 2016]; Matter of Jordal v Jordal , 193 AD2d 1102, 1102 [4th Dept 1993]).
discussed Cited as authority (rule) Matter of Vaccaro v. Vaccaro
N.Y. App. Div. · 2019 · confidence medium
Initially, we note that, contrary to the father's contention, the gaps in the trial transcript resulting from inaudible parts of the audio recording "are not so significant as to preclude meaningful review of the order on appeal" ( Matter of Van Court v Wadsworth , 122 AD3d 1339 , 1340 [4th Dept 2014], lv denied 24 NY3d 916 [2015]; cf. Matter of Alessio v Burch , 78 AD3d 1620, 1620 [4th Dept 2010]; Matter of Jordal v Jordal , 193 AD2d 1102, 1102 [4th Dept 1993]).
discussed Cited as authority (rule) Fisher v. Coghlan
N.Y. App. Div. · 2004 · confidence medium
Laundries, 222 AD2d 1028, 1028-1029 [1995]; Madigan v United Parcel Serv., 193 AD2d 1102, 1103 [1993]; cf. Krick v Fluor Daniel, 236 AD2d 783 [1997]; see generally Russia v Louis N. Picciano & Son, 54 NY2d 311, 317-318 [1981]).
cited Cited as authority (rule) Smith v. Artco Industrial Laundries, Inc.
N.Y. App. Div. · 1995 · confidence medium
The evidence established that Artco contracted with plaintiff’s employer on behalf of the owner, and thus is within the purview of the statute (see, Madigan v United Parcel Serv., supra, at 1103).
discussed Cited as authority (rule) Adams v. Cimato Bros.
N.Y. App. Div. · 1994 · confidence medium
Supply, 82 NY2d 555, 563 , citing Stolt v General Foods Corp., 81 NY2d 918, 920 ; see also, Hagins v State of New York, supra, at 922-923; Hoffmeister v Oaktree Homes, 206 AD2d 921 ; Madigan v United Parcel Serv., supra, at 1103).
discussed Cited "see" Alessio v. Burch
N.Y. App. Div. · 2010 · signal: see · confidence high
We therefore are compelled to reverse the order and remit the matter for a new hearing on the petition (see Weckstein v Breitbart, 111 AD2d 6, 8 [1985]; see generally Matter of Jordal v Jordal, 193 AD2d 1102 [1993]).
Retrieving the full opinion text from the archive…
In the Matter of Mary L. Jordal
v.
Toby Jordal
Appellate Division of the Supreme Court of the State of New York.
May 28, 1993.
193 A.D.2d 1102
Cited by 6 opinions  |  Published

Order unanimously reversed on the law without costs and matter remitted to Lewis County Family Court for further proceedings in accordance with the following Memorandum: At the hearing on the petition for an upward modification of the father’s child support obligation, no stenographer was present to record the proceedings. An audio tape recording of the hearing was made, but the tape is inaudible. As a result, the father was unable to include a transcript of the hearing in the record on appeal. The statement in lieu of stenographic transcript (see, CPLR 5525 [d]) is not adequate to permit meaningful review of the support order. It is impossible to determine the basis for the Hearing Examiner’s calculation of the father’s support obligation from the statement in lieu of stenographic transcript and the other documents included in the record. Therefore, we remit the matter for a new hearing and new findings with respect to the father’s child support obligation (see, Parsons v Parsons, 101 AD2d 1017; Patrizio v Patrizio, 94 AD2d 971). (Appeal from Order of Lewis County Family Court, Merrell, J.—Child Support.) Present—Green, J. P., Pine, Boomer, Davis and Boehm, JJ.