Opinion
December 29, 1993
Appeal from the Supreme Court, Erie County, Francis, J.
Present — Green, J.P., Balio, Lawton, Fallon and Davis, JJ.
Order unanimously affirmed without costs. Memorandum: Supreme Court properly settled the record to include a map that purported to depict the north campus side of the University of Buffalo because that map was considered by the court in determining defendant's motion for summary judgment (see, CPLR 5526). That map, however, which was concededly prepared after the accident, did not constitute the tender of "evidentiary proof in admissible form" (Zuckerman v City of New York, 49 N.Y.2d 557, 562; cf., Collins v Tashjian, 124 A.D.2d 629, 630), and thus, should not have been considered by Supreme Court in determining defendant's motion.