Lyons v. Lyons
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*570The appeal from so much of the order dated August 9, 2010, as denied those branches of the motion of Audrey Lyons which were to preclude the testimony of a court-appointed forensic evaluator at a hearing to be held on the issue of custody and to preclude the use of that evaluator’s report at the hearing must be dismissed because it concerns an evidentiary ruling, which, even when made in advance of a hearing or trial on motion papers, is not appealable as of right or by permission (see also Leftow v Leftow, 104 AD2d 590, 590-591 [1984]; Cortez v Northeast Realty Holdings, LLC, 78 AD3d 754,…
2Cases cited11 opinions
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- Rondout Electric, Inc. v. Dover Union Free School DistrictAppellate Division of the Supreme Court of the State of New York · 2003
- Biagi v. BiagiAppellate Division of the Supreme Court of the State of New York · 1986
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