Opinion
2003-02634.
December 29, 2003.
In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Dutchess County (Tolbert, J.), dated March 14, 2003, which granted the defendant's motion in limine to preclude him from introducing testimony of a certain nonparty witness at trial.
Larkin, Axelrod, Trachte Tetenbaum, LLP, Newburgh, N.Y., for appellant.
Ahmuty, Demers McManus, Albertson, N.Y., (Brendan T. Fitzpatrick of counsel), for respondent.
Before: SANDRA L. TOWNES and REINALDO E. RIVERA, JJ.
DECISION ORDER
ORDERED that the appeal is dismissed, without costs or disbursements.
The order appealed from is an evidentiary ruling. Such a 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" ( Chateau Rive Corp. v. Enclave Dev. Assocs., 283 A.D.2d 537).
FLORIO, J.P., KRAUSMAN, LUCIANO, TOWNES and RIVERA, JJ., concur.