Opinion
March 21, 1947.
Appeal from Supreme Court, New York County.
For the purpose of obtaining an appellate review of a ruling made by the Justice at Special Term, Part II on an examination before trial, appellant procured the entry of an order upon the ruling and appeals from the order so entered. A ruling on an examination before trial may no more be appealed than a ruling on the admissibility of evidence at a trial. Neither an examination nor a trial is to be interrupted or this court burdened with what would undoubtedly become incessant appeals from rulings if such appeals were permitted. It is, therefore, improper practice to enter an order upon such rulings and seek a review of rulings by that means. Such orders do not constitute appealable orders ( Kogel v. Trump, 271 App. Div. 890; Bernstock v. Paramount Beauty Shoppe, Inc., 257 App. Div. 1004; Le Blanc v. Duncan, 260 App. Div. 953).
The appeal should be dismissed, with $20 costs and disbursements to the respondent.
Martin, P.J., Glennon, Dore, Callahan and Peck, JJ., concur.
Appeal unanimously dismissed, with $20 costs and disbursements to the respondent.