Yanoff v. Commissioner of Education

—Appeal from an order of the Supreme Court at Special Term, entered December 30, 1977 in Albany County, which settled the record on appeal. Petitioner seeks to include in the record on appeal two observation reports by Anthony Jacobelli, chairman of the board of education, which were not part of the record before the Commissioner of Education or the record before Special Term. The CPLR provides that the record on appeal from a final judgment shall consist of a notice of appeal, the judgment roll, the transcript or a statement in lieu of a transcript if there was a trial or hearing, any…