Marilyn C.Y. v Mark N.Y.

2009 NY Slip Op 05855 [64 AD3d 645]

July 14, 2009

Appellate Division, Second Department

As corrected through Wednesday, September 2, 2009

Marilyn C.Y., Appellant, v Mark N.Y. et al.,Respondents.

—[*1]Philip Sands, Garden City, N.Y., for appellant.

James P. Joseph & Associates, P.C., Garden City, N.Y. (David W. Teeter of counsel), forrespondent Mark N.Y.

In a consolidated action for a divorce and ancillary relief, and proceeding to establishpaternity pursuant to Family Court Act article 5, the mother appeals, as limited by her brief, fromso much of an order of the Supreme Court, Suffolk County (Bivona, J.), dated June 27, 2007, asdenied that branch of her cross motion which was to limit the court's consideration of the incamera interview with the subject children, held December 21, 2006, to factual matter thattranspired 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 norby permission" (Cotgreave v Public Adm'r of Imperial County [Cal.], 91 AD2d 600, 601[1982]; see Barnes v Paulin, 52AD3d 754 [2008]). Rivera, J.P., Dillon, Balkin and Austin, JJ., concur.