JANCU v. JANCU (1999)

Order, Supreme Court, New York County (Jacqueline Silbermann, J.), entered on or about August 6, 1998, which, in an action for divorce, denied defendant's motion for a mistrial, unanimously affirmed, without costs.

The record amply supports the finding that the parties agreed to waive their rights under Judiciary Law § 21, and to have this matter decided, based on the trial record, by a Judge who did not preside at the trial.   Such an agreement is enforceable notwithstanding “the inevitable credibility issues” that attend oral testimony (see, Robinson v. State of New York, 228 A.D.2d 52, 55, 650 N.Y.S.2d 894, lv. denied 89 N.Y.2d 812, 657 N.Y.S.2d 404, 679 N.E.2d 643).   We have considered defendant's other arguments and find them to be without merit.

MEMORANDUM DECISION.