ALBANY – An upstate man sentenced to 150 days in jail for contempt will get another chance to avoid lock-up, thanks to an appellate judge who wasn’t even present when the case was argued.

In Matter of Madison County Support Collection Unit v. Feketa, 515715, Appellate Division, Third Department, Justice Leslie Stein (See Profile) broke the 2-2 tie and sent the case back for a new hearing. Stein was vouched in to decide the case when the shorthanded court reached an impasse.