Opinion
Filed May 2, 2001.
Appeal from Order of Supreme Court, Oneida County, Grow, J. — 42 U.S.C. § 1983.
PRESENT: PIGOTT, JR., P.J., PINE, HAYES AND KEHOE, JJ.
Appeal unanimously dismissed without costs.
Memorandum:
Plaintiff commenced this action asserting causes of action for malicious prosecution and false arrest, and causes of action pursuant to 42 U.S.C. § 1983. At the close of plaintiff's proof at trial, defendants made an oral motion to dismiss the complaint. Supreme Court granted that motion in part and dismissed the false arrest and 42 U.S.C. § 1983 causes of action. The jury returned a verdict in favor of plaintiff on the malicious prosecution cause of action against defendant Richard T. Lynch only. Lynch appealed from the judgment entered upon the jury verdict, and we affirmed ( Kemp v. Lynch, 275 A.D.2d 1024). Plaintiff now appeals from a postjudgment order that reduced to writing the court's dismissal of the 42 U.S.C. § 1983 causes of action during trial. The appeal must be dismissed. The court's decision on defendants' motion made during trial was a trial ruling and thus is reviewable only on an appeal from the final judgment ( see, CPLR 5501 [a] [3]; Safe Flight Instrument Corp. v. Atlantic Aviation Corp., 205 A.D.2d 747, 748; City of Elmira v. Walter, 111 A.D.2d 553; Katz v. Katz, 68 A.D.2d 536, 542). No appeal lies from a trial ruling, even if that ruling is later memorialized in an order ( see, Camacho v. City of New York, 218 A.D.2d 725; Radford v. Sheridan Prods., 181 A.D.2d 667, 668; Brown v. Micheletti, 97 A.D.2d 529).