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Matter of Bligen v. Kelly

Appellate Division of the Supreme Court of New York, Fourth Department
Jan 23, 1987
126 A.D.2d 989 (N.Y. App. Div. 1987)

Opinion

January 23, 1987

Appeal from the Supreme Court, Wyoming County, Dadd, J.

Present — Denman, J.P., Boomer, Balio, Lawton and Davis, JJ.


Order unanimously reversed, on the law, in accordance with the following memorandum: It was error to settle this record to include the record from an unrelated proceeding. "It is axiomatic that appellate review is limited to the record made at nisi prius and, absent matters which may be judicially noticed, new facts may not be injected at the appellate level (People ex rel. Martinez v. Walters, 99 A.D.2d 476, 477; Block v. Nelson, 71 A.D.2d 509; Matter of Wish Realty Corp. v. Starr, 56 A.D.2d 656)." (Broida v. Bancroft, 103 A.D.2d 88, 93).


Summaries of

Matter of Bligen v. Kelly

Appellate Division of the Supreme Court of New York, Fourth Department
Jan 23, 1987
126 A.D.2d 989 (N.Y. App. Div. 1987)
Case details for

Matter of Bligen v. Kelly

Case Details

Full title:In Matter of TERRY BLIGEN, Respondent, v. WALTER R. KELLY, as…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Jan 23, 1987

Citations

126 A.D.2d 989 (N.Y. App. Div. 1987)

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