Bork v. City of New York

Full title: WILLIAM BORK et al., Appellants, v. CITY OF NEW YORK et al., Respondents

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

Date published: Mar 27, 1997

237 A.D.2d 218 (N.Y. App. Div. 1997)

655 N.Y.S.2d 32

Opinion

March 27, 1997.

Appeal from order, Supreme Court, New York County (Phyllis Gangel-Jacob, J.), entered on or about August 6, 1996, which, insofar as appealed from, directed plaintiff, "[i]n the event that [he] decides to produce a vocational expert to testify to his inability or limited ability to be employed", to produce a copy of his vocational expert's report and to submit to an examination by defendant's vocational expert, unanimously dismissed, without costs, as taken from a nonappealable order.

Before: Murphy, P.J., Sullivan, Milonas and Tom, JJ.

The subject preliminary conference order is nonappealable since it was not made on notice ( see, Everitt v Health Maintenance Ctr., 86 AD2d 224). Were we to consider the merits, we would affirm, finding no improvident exercise of discretion by the motion court.