Case law shows that it is possible and in many cases desirable to update the appellate court if things have changed since the record was made.
In the Matter of Michael B. [Marvin B.], 80 N.Y.2d 299, 318 (1992)
In the Matter of Londel Chavis C. [Vincent C.], 41 A.D.3d 843, 845 (2d Dep't 2007)
In the Matter of Teshana Tracey T. [Janet T.], 71 A.D.3d 1032, 1034 (2d Dep't), lv. denied, 14 N.Y.3d 713 (2010)
In the Matter of Gatke v. Johnson, 50 A.D.3d 798 (2d Dep't 2008).
There are many more cases but the court just needs a few to know that you are aware you can update the court. Be careful how you word what you want to say-- that there is a motion for renewal, that new evidence came to light and the evidence has to do with ________. I'd be careful not to describe it more than that and then argue the case to see if they will let you discuss it further.
This is above and beyond what I usually do here but I'm happy to share some of the cases I use in my briefs.
I would really appreciate a rating for my assistance and I thank you in advance. The lawyer who told you that the appellate court can take judicial notice of all papers filed in the action is not correct as far as subsequent papers. This is only about papers which are part of the record, not subsequent papers. That's why there's a separate right to appeal an order on a motion to renew.
Thank you for letting me help you today.
Please accept my answer, and please rate my answer as one of the top three faces/stars (5, 4 or 3 stars, 5 stars would be much appreciated as I ALWAYS strive to give you 5 star service!). This can be found AT THE TOP OF THE PAGE and then submit, as this is how I get credit for my time with you and with your question. I work hard to give you a thorough and honest answer. Please let me know if there is more that I can do to answer your question and if you need more information such as where to find lawyers. If not, I thank you for your rating. I can’t get credit for answering your question without your fair and honest rating. I have given you the benefit of my legal knowledge and 37 years of experience as well as my time.
Feel free to come back here for a follow-up question based on this one.
You're welcome to ask follow-up questions at any time, any day after I'm rated, free of charge.
We are not employees of Just Answer but are independent contractors, so your rating is very important to us so that we can be reimbursed for our work. Thank you! I'd rather be given the chance to add more information than be rated negatively, so I thank you for that.
If you want to ask for me specifically another time -- for a new question -- ask for "NYFamilyAttorney ONLY" and I will get the question. Otherwise you can come right back into this room for follow-ups, free of charge.
Best of luck to you!