Balch v. Balch

—Order unanimously affirmed with costs. Memorandum: The court properly settled the original record on appeal to include those papers, transcripts, evidentiary exhibits, etc., that related to the judgment of divorce appealed by defendant (see, CPLR 5526). The court properly excluded the disputed items from the original record on appeal because those items either related to a preliminary order not appealed by defendant (see, CPLR 5526) or were not considered by the court in rendering judgment.

The court erred in disallowing defendant’s attempt to compile a record on his appeal from denial of…