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ANTHONY CURTIS, JR., appellant, v. FISHKILL ALLSPORT FITNESS RACQUETBALL CLUB, INC., respondent.

DECISION ORDER

ORDERED that the appeal is dismissed, without costs or disbursements.

The order appealed from is 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. Assocs., 283 A.D.2d 537).

FLORIO, J.P., KRAUSMAN, LUCIANO, TOWNES and RIVERA, JJ., concur.

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CURTIS v. FISHKILL ALLSPORT FIT. RACQUETBALL
(Dec 29, 2003)