Opinion
March 23, 1998
Appeal from the Surrogate's Court, Kings County (Feinberg, S.).
Ordered that the appeal is dismissed, with costs.
The March 19, 1997, order is in the nature of an evidentiary ruling made before trial. Therefore, the order is neither appealable as of right nor by permission (see, Maguire v. Rebaglia, 232 A.D.2d 380; Rose v. Velletri, 202 A.D.2d 566; Savarese v. City of New York Hous. Auth., 172 A.D.2d 506; Pellegrino v. New York City Tr. Auth., 141 A.D.2d 709; Cotgreave v. Public Adm'r of Imperial County, 91 A.D.2d 600).
Joy, J. P., Krausman, Florio and McGinity, JJ., concur.