Opinion
May 24, 2001.
Appeal from an order of the Supreme Court (Teresi, J.), entered December 6, 2000 in Albany County, which settled the record on appeal.
Morris Cramer, Cohoes, appellant in person.
Donohue, Sabo, Varley Armstrong (Anthony Rotondi of counsel), Albany, for respondents.
Before: Cardona, P.J., Mercure, Peters, Spain and, Carpinello, JJ.
MEMORANDUM AND ORDER
Plaintiff contends that Supreme Court erred in excluding certain pages from the record on appeal. Inasmuch as pages 325 through 334 of the record prepared by plaintiff were neither submitted to the court on any pretrial motion nor offered as exhibits at trial, Supreme Court did not err in excluding them from the record on appeal (see, De Cotis v. Malinoski, 252 A.D.2d 646). With regard to pages 358 through 389, however, it appears that they were submitted to the court on the pretrial motions for summary judgment. Although Supreme Court's order deciding those motions was the subject of an earlier appeal ( 262 A.D.2d 827), the documents may have some relevance to the preclusion order that remains subject to review on plaintiff's appeal from the judgment entered on the jury verdict in favor of defendants.
Cardona, P.J., Mercure, Peters and Spain, JJ., concur.
ORDERED that the order is modified, on the law, without costs, by reversing so much thereof as directed that pages 358 through 389 be stricken from the record on appeal and, as so modified, affirmed.