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MATTER OF BLIGEN v. KELLY

126 A.D.2d 989 (1987)

In Matter of Terry Bligen, Respondent, v. Walter R. Kelly, as Superintendent of Attica Correctional Facility, et al., Appellants

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

January 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...

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