In Green v. Wron, 151 Misc. 2d 9 (Fam. Ct., New York Cnty., 1991) the respondent, objecting to the order of a Hearing Examiner, attempted "to introduce evidence which was not presented to the Hearing Examiner."
In that case, the Family Court of New York County held that a Family Court "is a court of original jurisdiction but in the exercise of its appellate jurisdiction its powers are deemed coextensive with the Appellate Term." Reasoning that "it is inappropriate to introduce new evidence for the first time as part of an appellate proceeding," the Court limited its review to the trial record and denied the respondent's objections.
Green stands for the principle that an appellate court may not consider evidence that does not form part of the trial record.