ANAGNOS v. HANGAC

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Supreme Court, Appellate Division, Second Department, New York.

William H. ANAGNOS, et al., Respondents, v. Gary M. HANGAC, et al., Appellants.

Decided: May 27, 1997

Before COPERTINO, J.P., and THOMPSON, SULLIVAN and FRIEDMANN, JJ. McCabe & Mack, LLP, Poughkeepsie (Harold L. Mangold and Jace D. McKeighan, of counsel), for appellants. Vergilis, Stenger, Roberts & Pergament, Wappingers Falls (Antonia T. Lucia, of counsel), for respondents.

In an action, inter alia, for a declaration that the plaintiffs are entitled to an easement across the defendants' property, the defendants appeal from an order of the Supreme Court, Dutchess County (Bernhard, J.), entered June 13, 1996, which denied their motion to compel the plaintiff William H. Anagnos to answer questions propounded at an examination before trial.

ORDERED that the appeal is dismissed, with costs to the respondents.

 Rulings made upon objections to questions posed in the course of an examination before trial are not appealable as of right, even if incorporated into a formal order (Ewell v. Moore, 133 A.D.2d 67, 518 N.Y.S.2d 413;  Rockwood Nat. Corp. v. Peat, Marwick, Mitchell & Co., 59 A.D.2d 573, 502 N.Y.S.2d 403;  see also, Feeley v. Midas Props., 168 A.D.2d 416, 417-418, 562 N.Y.S.2d 543;  Marks v. Top Job Sanitation Co., 145 A.D.2d 416, 535 N.Y.S.2d 387;  Crow-Crimmins-Wolff & Munier v. County of Westchester, 126 A.D.2d 696, 511 N.Y.S.2d 117).   Moreover, this court has held “on numerous occasions that ‘we are disinclined to grant leave to parties who have taken it upon themselves to perfect an appeal without leave to appeal’ ” (Ewell v. Moore, supra, at 67, 518 N.Y.S.2d 413, quoting Roberts v. Modica, 102 A.D.2d 886, 477 N.Y.S.2d 59;  Rockwood Natl. Corp. v. Peat, Marwick, Mitchell & Co., supra, at 574, 502 N.Y.S.2d 403).   Accordingly, the instant appeal is dismissed.

MEMORANDUM BY THE COURT.

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