Marilyn C. Y. v Mark N. Y., 2009 NY Slip Op 05855 (App. Div., 2nd, 2009)
In a consolidated action for a divorce and ancillary relief, and
proceeding to establish paternity pursuant to Family Court Act article
5, the mother appeals, as limited by her brief, from so much of an
order of the Supreme Court, Suffolk County (Bivona, J.), dated June 27,
2007, as denied that branch of her cross motion which was to limit the
court's consideration of the in camera interview with the subject
children, held December 21, 2006, to factual matter that transpired
prior to consolidation of the action and proceeding.ORDERED that the appeal is dismissed, with costs.
The appeal must be dismissed because it concerns an evidentiary
ruling which, even when "made in advance of trial on motion papers . .
. is neither appealable as of right nor by permission" (Cotgreave v Public Adm'r of Imperial County [Cal.], 91 AD2d 600, 601; see Barnes v Paulin, 52 AD3d 754).
The bold is mine.
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