Opinion
July 9, 1982
Appeal from the Supreme Court, Herkimer County, Hayes, J.
Present — Simons, J.P., Callahan, Doerr, Moule and Schnepp, JJ.
Order unanimously affirmed, with costs. Memorandum: Special Term's decision in denying the motion of defendant Hotel Constructors, Inc., for a change of venue was not an abuse of its discretion, and the exercise thereof should not be disturbed ( Hurlbut v. Whalen, 58 A.D.2d 311, mot for lv to app den 43 N.Y.2d 643). In regard to the subsequent motion, to strike certain portions of plaintiff's briefs as not being part of the record on appeal, it is granted. We note, however, that it is well established that this court is bound by the certified record on appeal and does not consider matters contained in a party's brief which are not properly contained in the record ( Matter of Slater v. Village of Herkimer, 73 A.D.2d 1061; Charlotte Lake Riv. Assoc. v. American Ins. Co., 68 A.D.2d 151; Mulligan v. Lackey, 33 A.D.2d 991).