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MATTER OF BLIGEN v. KELLY

Appellate Division of the Supreme Court of New York, Fourth Department.
Jan 23, 1987

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).