Opinion
April 15, 1974
In an action for divorce, the defendant husband appeals from an order of the Supreme Court, Westchester County, dated May 31, 1973, which, inter alia, denied his motion for a new trial on the grounds of newly discovered evidence and alleged trial irregularities. Order affirmed, with $20 costs and disbursements. In a brief submitted by Erdheim, Shalleck Falk, which indicated that the appeal was to be argued by Irving I. Erdheim, a copy of an affidavit was included which was not properly part of the record on appeal. This practice must be severely condemned (cf. Golden, v. Golden, 37 A.D.2d 578). Counsel do not help their cases by attaching to briefs matter dehors the record ( Ro-Stan Equities v. Schechter, 44 A.D.2d 577). Hopkins, Acting P.J., Latham, Shapiro, Brennan and Munder, JJ., concur.