Opinion
June 6, 1988
Appeal from the Supreme Court, Kings County (Shaw, J.).
Ordered that the appeal is dismissed, with costs.
The appellants seek to review a ruling on objections raised at an examination before trial. No appeal lies either as of right or by permission from rulings made during the course of an examination before trial (CPLR 5701 [a], [c]; Alberi v Rossi, 117 A.D.2d 574). This holds true even if, as here, the ruling is reduced to an order, unless such order is made upon a complete record on an application seeking either to compel answers to questions or obtain a protective order (Rockwood Natl. Corp. v Peat, Marwick, Mitchell Co., 59 A.D.2d 573) and even in such case, it is appealable only by permission (Rockwood Natl. Corp. v Peat, Marwick, Mitchell Co., supra; see also, Scott v Vassar Bros. Hosp., 133 A.D.2d 76; Ewell v Moore, 133 A.D.2d 67; Sainz v New York City Health Hosps. Corp., 106 A.D.2d 500; Roberts v Modica, 102 A.D.2d 886). In the instant case, even if the order had been made on a record, there was no order of either the Supreme Court or this court granting permission to appeal (CPLR 5701 [c]; accord, Eagle Star Ins. Co. v Behar, 140 A.D.2d 664). Thompson, J.P., Weinstein, Eiber and Harwood, JJ., concur.