Opinion
June 12, 1995
Appeal from the Surrogate's Court, Nassau County (Radigan, S.).
Ordered that the appeal is dismissed, with costs.
"An order denying a motion to compel a witness to answer questions propounded at an examination before trial is akin to a ruling made in the course of the examination itself and as such is not appealable as of right" (Ewell v. Moore, 133 A.D.2d 67). Moreover, this Court has held on numerous occasions that "we are disinclined to grant leave to parties who have taken it upon themselves to perfect an appeal without leave to appeal" (Roberts v. Modica, 102 A.D.2d 886). Since the petitioner's motion to compel was based on the respondents' failure to answer certain questions asked at their depositions, the order is not appealable as of right. Sullivan, J.P., Miller, Pizzuto and Friedmann, JJ., concur.