Opinion
March 21, 1994
Appeal from the Supreme Court, Dutchess County (Hillery, J.).
Ordered that the appeal is dismissed, with one bill of costs to the plaintiff-respondent and the defendants-respondents Steven M. Velletri and Andrew Velletri appearing separately and filing separate briefs.
The defendant Shawmut Bank of Boston contends that the trial court's pretrial ruling that certain correspondence from the former counsel for the Shawmut Bank of Boston constituted informal judicial admissions against it was incorrect. It is well settled that "an evidentiary 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" (Savarese v. City of New York Hous. Auth., 172 A.D.2d 506, 509; see, Pellegrino v. New York City Tr. Auth., 141 A.D.2d 709, 709-710). Thompson, J.P., Santucci, Krausman and Florio, JJ., concur.