Opinion
May 31, 1988
Appeal from the Supreme Court, Nassau County (Murphy, J.).
Ordered that the appeal is dismissed, with costs.
The defendant Rita Behar seeks to appeal from a ruling on objections raised at an examination before trial. No appeal lies either as of right or by permission from rulings made during the course of an examination before trial (CPLR 5701 [a], [c]; Alberi v Rossi, 117 A.D.2d 574). This holds true even if, as here, the ruling is reduced to an order, unless such order is made upon a complete record on an application seeking either to compel answers to questions or to obtain a protective order (Rockwood Natl. Corp. v Peat, Marwick, Mitchell Co., 59 A.D.2d 573). Even in such a case, the order is appealable only by permission (Rockwood Natl. Corp. v Peat, Marwick, Mitchell Co., supra; see also, Scott v Vassar Bros. Hosp., 133 A.D.2d 76; Ewell v Moore, 133 A.D.2d 67; Sainz v New York City Health Hosps. Corp., 106 A.D.2d 500; Roberts v Modica, 102 A.D.2d 886). In the instant case, even if the order had been made on a record, there was no order of either the Supreme Court or this court granting permission to appeal (see, CPLR 5701 [c]). Thompson, J.P., Brown, Weinstein and Harwood, JJ., concur.