Opinion
December 4, 1995
Appeal from the Supreme Court, Kings County (Vinik, J.).
Ordered that the appeal is dismissed, without costs or disbursements.
The defendant's motion for a further deposition of the plaintiff concerning questions objected to at his examination before trial was, in effect, an application seeking rulings on an examination before trial (see, Jackson v St. John's Episcopal Hosp., 220 A.D.2d 484; Scott v Vassar Bros. Hosp., 133 A.D.2d 76; Sainz v New York City Health Hosps. Corp., 106 A.D.2d 500). This Court has repeatedly held that an order made upon an application to review objections raised at an examination before trial is not appealable as of right (see, e.g., Jackson v St. John's Episcopal Hosp., supra; Simon v Massapequa Gen. Hosp., 167 A.D.2d 533; Scott v Vassar Bros. Hosp., supra), and we decline to grant the defendant leave to appeal. Sullivan, J.P., Thompson, Krausman and Florio, JJ., concur.