Legal Opinion
Bligen v. Kelly
Appellate Division of the Supreme Court of the State of New York
Decided January 23, 1987PublishedCited by 7 opinions
1Opinion of the Court
—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 AD2d 476, 477; Block v Nelson, 71 AD2d 509; Matter of Wish Realty Corp. v Starr, 56 AD2d 656).” (Broida v Bancroft, 103 AD2d 88, 93). (Appeal from order of Supreme Court, Wyoming County, Dadd,…
2Cases cited4 opinions
- Broida v. BancroftAppellate Division of the Supreme Court of the State of New York · 1984
- Block v. NelsonAppellate Division of the Supreme Court of the State of New York · 1979
- People ex rel. Martinez v. WaltersAppellate Division of the Supreme Court of the State of New York · 1984
- Wish Realty Corp. v. StarrAppellate Division of the Supreme Court of the State of New York · 1977
3Cited by7 opinions
- Norton v. Canandaigua City School DistrictAppellate Division of the Supreme Court of the State of New York · 1995
- Avon Nursing Home v. AxelrodAppellate Division of the Supreme Court of the State of New York · 1993
- Hughes v. NussbaumerAppellate Division of the Supreme Court of the State of New York · 1988
- Bullard v. BullardAppellate Division of the Supreme Court of the State of New York · 1992
- People v. GeorgeAppellate Division of the Supreme Court of the State of New York · 1990
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