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Angelicola v. Patrick Heating

Appellate Division of the Supreme Court of New York, Fourth Department
Oct 1, 2010
77 A.D.3d 1322 (N.Y. App. Div. 2010)

Opinion

No. CA 09-01405.

October 1, 2010.

Appeal from an order of the Supreme Court, Oneida County (Anthony F. Shaheen, J.), entered June 19, 2009. The order granted the cross motion of defendants for the preclusion of certain evidence.

It is hereby ordered that said appeal is unanimously dismissed without costs.

PETRONE PETRONE, P.C., SYRACUSE (J. WILLIAM SAVAGE OF COUNSEL), FOR PLAINTIFFS-APPELLANTS.

COHEN COHEN LLP, UTICA (RICHARD A. COHEN OF COUNSEL), FOR DEFENDANTS-RESPONDENTS.

Present — Smith, J.P., Fahey, Scolders, Pine and Gorski, JJ.


Memorandum: Plaintiffs appeal from an order that granted defendants' cross motion in limine seeking to preclude the admission of certain evidence. The appeal must be dismissed on the ground that an evidentiary ruling, "even when made `in advance of trial on motion papers constitutes, at best, an advisory opinion which is neither appealable as of right nor by permission'" ( Winograd v Price, 21 AD3d 956). Contrary to the contention of plaintiffs, the order on appeal does not limit the scope of the issues to be tried and thus is not appealable on that ground ( cf. Innovative Transmission Engine Co., LLC v Massaro, 63 AD3d 1506, 1508; Rondout Elec. v Dover Union Free School Dist., 304 AD2d 808, 810).


Summaries of

Angelicola v. Patrick Heating

Appellate Division of the Supreme Court of New York, Fourth Department
Oct 1, 2010
77 A.D.3d 1322 (N.Y. App. Div. 2010)
Case details for

Angelicola v. Patrick Heating

Case Details

Full title:ROBERTO ANGELICOLA et al., Appellants, v. PATRICK HEATING OF MOHAWK…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Oct 1, 2010

Citations

77 A.D.3d 1322 (N.Y. App. Div. 2010)
2010 N.Y. Slip Op. 6872
907 N.Y.S.2d 892