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CITLAK v. NASSAU COUNTY MEDICAL CENTER
Appellate Division of the Supreme Court of New York, Second Department.
Feb 20, 2007
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Ordered that the appeal is dismissed, without costs or disbursements.
The Supreme Court's determination precluding the plaintiffs' experts from testifying as to certain opinions at trial was an evidentiary ruling. Such a 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" ( Chateau Rive Corp. v Enclave Dev. Assoc, 283 AD2d 537 [internal quotation marks omitted]; see Winograd v Price, 21 AD3d 956).
In light of our determination, we do not pass upon the propriety of conducting a Frye hearing ( see Frye v United States, 293 F 1013) under the facts of this case or of the results reached by the Supreme Court.
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