CHATEAU RIVE, v. ENCLAVE DEVELOPMENT ASSOC

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" (Cotgreave v. Public Adm'r of Imperial County [Cal.], 91 A.D.2d 600; see, Savarese v. City of New York Housing Auth., 172 A.D.2d 506, 509; Pellegrino v. New York City Tr. Auth., 141 A.D.2d 709).

FRIEDMANN, J.P., FLORIO, McGINITY and LUCIANO, JJ., concur.