Opinion
November 26, 1990
Appeal from the Supreme Court, Nassau County (McCabe, J.).
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 (see, Sainz v. New York City Health Hosps. Corp., 106 A.D.2d 500; Roberts v. Modica, 102 A.D.2d 886; Aronofsky v. Marine Park Chiropractic Center, 81 A.D.2d 570)" (Ewell v. Moore, 133 A.D.2d 67). Nor are we inclined to grant leave to parties who have taken it upon themselves to perfect an appeal without having applied to this court for leave to appeal. Thompson, J.P., Brown, Kunzeman and Eiber, JJ., concur.