Opinion
2001-01863
Submitted December 5, 2001.
December 24, 2001.
In an action to recover damages for personal injuries, the plaintiff, Lillian Farmer, as administratrix of the estate of Rawle James, appeals from an order of the Supreme Court, Kings County (Jones, J.), entered January 12, 2001, which granted the motion of the defendant Fred Lane to preclude her from reading into the record at trial any portion of an examination before trial of the decedent, Rawle James.
Parker Waichman, P.C. (DiJoseph Portegello, New York, N Y [Arnold E. DiJoseph] of counsel), for appellant.
Israelson Gold, Plainview, N.Y. (Jeffrey B. Gold of counsel), and Dubow Smith, Bronx, N.Y., for respondent (one brief filed).
Before: CORNELIUS J. O'BRIEN, J.P., SONDRA MILLER, LEO F. McGINITY, ROBERT W. SCHMIDT, SANDRA L. TOWNES, JJ.
ORDERED that the appeal is dismissed, with costs to the respondent.
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" (Cotgreave v. Public Administrator of Imperial County, 91 A.D.2d 600, 601; see, Chateau Rive Corp. v. Enclave Dev. Assocs., 283 A.D.2d 537; 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).
O'BRIEN, J.P., S. MILLER, McGINITY, SCHMIDT and TOWNES, JJ., concur.