Opinion
April 5, 1999
Appeal from the Supreme Court, Rockland County (Bergerman, J.).
Ordered that the appeal is dismissed, with costs to the plaintiffs.
The appellants' motion to further depose the plaintiffs regarding questions which were objected to at the plaintiffs' examinations before trial effectively constituted an application to review the propriety of certain questions propounded at those examinations. It is well settled that an order made upon such an application is not appealable as of right ( see, King v. Salvation Army, 240 A.D.2d 473; Smith v. Konica Bus. Machs., 232 A.D.2d 398; Cruz v. Roman Catholic Church for Most Holy Trinity, 222 A.D.2d 395). The appellants have not sought leave to appeal, and there is nothing in the record which would warrant granting leave to appeal on the Court's own motion. Accordingly, the appeal is dismissed. S. Miller, J. P., Ritter, Thompson and Joy, JJ., concur.