O'Shei v. FMC Corp. , 147 A.D.2d 985 ( 1989 )

— Motion to strike Appendix granted. Memorandum: Although some of the exhibits attached to appellant’s brief were referred to in affidavits that appear in the stipulated record, the exhibits do not appear in the record. If appellant contends that the exhibits were before the motion court and should be part of the record, its remedy is to move to vacate the stipulation and to settle the record. Present— Callahan, J. P., Doerr, Denman, Balio and Lawton, JJ.