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In the Matter of the Estate of ANNE R. GRUSETZ, Deceased. HARRIET MONT et al., Appellants; ESTATE OF MAX KASSOVER et al., Respondents.

Ordered that the appeal is dismissed, with costs.

The March 19, 1997, order is in the nature of an evidentiary ruling made before trial. Therefore, the order is neither appealable as of right nor by permission (see, Maguire v. Rebaglia, 232 A.D.2d 380; Rose v. Velletri, 202 A.D.2d 566; Savarese v. City of New York Hous. Auth., 172 A.D.2d 506; Pellegrino v. New York City Tr. Auth., 141 A.D.2d 709; Cotgreave v. Public Adm'r of Imperial County, 91 A.D.2d 600).

Joy, J. P., Krausman, Florio and McGinity, JJ., concur.

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MATTER OF GRUSETZ
(Mar 23, 1998)